Common use of Alterations Clause in Contracts

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.

Appears in 2 contracts

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

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Alterations. Except for any initial improvement of In the Demised Premises pursuant event Subtenant desires to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made any make alterations, additions or improvements to or the Sublease Premises, Subtenant shall concurrently provide to each of Sublandlord and Master Landlord, in accordance with the notice provisions herein, a description of the Demised proposed alterations, additions or improvements, together with and a copy of the proposed plans and specifications for review and approval. Subtenant shall make no alterations, additions or improvements in or to the Sublease Premises without the prior written consent of both Sublandlord (except that Sublandlord’s consent shall not be required for alterations referenced in the “provided, however” clause in the first sentence of Section 6.05) and, if required by the Master Lease, Master Landlord. Sublandlord shall not unreasonably withhold, condition or delay its consent to any part thereofproposed alteration, addition or attach any fixtures or equipment theretoimprovement. Notwithstanding the foregoing, without first obtaining Landlord's written consent. With respect it shall not be unreasonable for Sublandlord to withhold consent to any alteration, addition or improvement for which Master Landlord does not affect the structure provide consent. Sublandlord shall give its consent or reasons for failure to consent to any proposed alteration, addition or improvement within ten (10) business days after Sublandlord has received from Subtenant a description of the Buildingproposed alterations, does not affect any additions or improvements, together with and a copy of the Building's systems (e.g.proposed plans and specifications. Any such approved alterations, mechanical, electrical additions or plumbing), does not diminish improvements shall be installed in accordance with the capacity of such Building systems available to other portions terms of the Building, is not visible from Master Lease. In the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any event Subtenant makes any such alterations, additions or improvements to improvements, Subtenant shall restore the Demised Sublease Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Sublease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to existing as of the installation of such alterationsCommencement Date, additions and improvements, normal reasonable wear and tear excepted, unless Master Landlord otherwise agrees in writing. Tenant shall under no circumstances be required to remove If Master Landlord agrees in writing that any alterations, additions and or improvements which are part installed by Subtenant may remain in the Sublease Premises upon the expiration or earlier termination of this Sublease, Sublandlord shall not have the initial improvement right to require that Subtenant remove those alterations, additions or improvements upon the expiration or earlier termination of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39this Sublease.

Appears in 2 contracts

Samples: Agreement and Certificate (Openwave Systems Inc), Agreement and Certificate (Openwave Systems Inc)

Alterations. Except for After initial completion of any initial improvement of the Demised Premises pursuant work to EXHIBIT "D", which shall be governed done by the provisions of said EXHIBIT "D"Txxxxx as provided in Article VI, Tenant shall not makealter or add to the Premises, suffer except in accordance with written consent from Landlord, which Landlord agrees not unreasonably to withhold as to alterations or permit to be made any alterations, additions or improvements to or which (i) are not visible from the exterior of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does and (ii) do not affect the structure of the Building, does not affect or any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions plumbing system of the Building, is not visible from the common areas or exterior of the Building, . Txxxxx's work as described in Article VI and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to other alterations made by Landlord Tenant shall be made by Landlord or under in accordance with all applicable laws, in a good and first-class workmanlike manner and in accordance with the requirements of Landlord's supervision for Tenantinsurers and Txxxxx's account insurers. Without limitation, said Txxxxx's work as described in Article VI and all other alterations made by Tenant shall reimburse be performed in accordance with the provisions of this Article IV and of Article VI. Any contractor or other person undertaking any alterations of the Premises on behalf of Tenant shall be covered by Commercial General Liability and Workmen's Compensation insurance with coverage limits acceptable to Landlord for all costs and evidence thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt shall be furnished to Landlord prior to the performance by such contractor or person of a statementany work in respect of the Premises. All such alterationswork performed by Txxxxx in the Premises shall remain therein (unless Landlord directs Tenant to remove the same on termination) and, additions and improvements (at termination, shall be surrendered as a part thereof, except for Tenant's usual trade fixtures furniture and computer and electronic equipment) shall become Landlord's property at the expiration , if movable, installed prior to or earlier termination of during the Lease Term at Tenant's cost, which trade furniture and equipment Tenant may remove upon the termination of this Lease provided that Tenant is not then in default hereunder. Until such time as any such default is cured, Landlord shall remain on have a security interest in such trade furniture and equipment. Tenant agrees to repair any and all damage to the Demised Premises without compensation resulting from such removal (including removal of Txxxxx's improvements directed by Lxxxxxxx) or, if Landlord so elects, to Tenant unless pay Landlord elects by notice to Tenant to have Tenant remove for the cost of any such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereofrepairs forthwith after billing therefor. Notwithstanding the foregoing, Tenant shall promptly restoremay, at its sole cost without Landlord’s prior consent or approval, make cosmetic alterations (i.e., any interior alterations that are non-structural and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless affect the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39Building systems) that do not exceed $10,000 per project.

Appears in 2 contracts

Samples: Agreement (Paratek Pharmaceuticals, Inc.), Paratek Pharmaceuticals, Inc.

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", (a) Tenant shall not make, suffer or permit to be made made, any alterations, additions or improvements to or of the Demised Premises Premises, or any part thereof, or attach any fixtures or equipment theretowithout the prior written consent of Landlord, without first obtaining Landlord's written consentwhich consent shall not be unreasonably withheld. With respect Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to any be an alteration, addition or improvement which does not affect to the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00)Premises. Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or under Landlord's supervision for Tenant's account and Tenant shall reimburse improvements, notwithstanding consent from Landlord for all costs thereof (including a reasonable charge for Landlord's overhead)to do so, as Rent, within until ten (10) days after Tenant’s receipt of a statementsuch written consent. All such Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (except i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant's trade fixtures and computer and electronic equipment), within fifteen (15) shall become days after Tenant’s request for a determination by Landlord's property , whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or earlier sooner termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which this Lease. In any event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Landlord shall have right to require Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and or improvements which are part from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the initial improvement Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the Demised installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39may be required to install Tenant’s security system.

Appears in 2 contracts

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

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made make any alterations, additions or improvements to the Premises (including, but not limited to, roof and wall penetrations or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements affecting building, mechanical or electrical systems or equipment) without the prior written consent of Landlord, which consent may be withheld in its sole discretion or may be conditioned on, among other things, proof of insurance coverage, payment and performance bonds, in forms, amounts and by companies acceptable to Landlord, and Xxxxxxxx's review of Tenant's plans and specifications, Xxxxxx's contractor and Xxxxxx's building permit. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises; provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Demised Premises consented Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to by Landlord the termination of this Lease if Tenant so elects, and shall be made removed by Landlord the date of termination of this Lease or under upon earlier vacating of the Premises if required by Landlord's supervision for Tenant's account and ; upon any such removal Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statementrestore the Premises to their original condition. All such alterations, additions removals and restoration shall be accomplished in good workmanlike manner so as not to damage the buildings and other improvements (except for Tenant's trade fixtures situated on the Premises. Landlord shall have the right at any time and computer and electronic equipment) shall become Landlord's property at the expiration from time to time to make changes or earlier termination alterations to any portion of the Lease Term Project other than the Premises and Landlord shall remain on the Demised Premises without compensation not be subject to Tenant unless Landlord elects by notice any liability with respect to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.

Appears in 2 contracts

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

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

Appears in 2 contracts

Samples: Intracel Corp, Intracel Corp

Alterations. Tenant shall not make alterations and additions to Tenant’s Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned. However, Landlord’s determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises shall be in Landlord’s sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord’s opinion are reasonably likely to adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent, in Landlord’s judgment, with alterations satisfying Landlord’s standards for new alterations in the Building. Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the Building and the other requirements of this Lease with respect to Tenant’s insurance obligations (herein called “Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be acting as Landlord’s agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with any such work. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour, plus (ii) third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. Except for any initial improvement additions or alterations which Tenant requests to remain in the Premises in Tenant’s notice seeking Landlord’s consent for the installation thereof (which notice shall specifically refer to this Section 5.12) and for which Landlord specifically agrees in writing may remain, all alterations and additions shall be part of the Demised Premises Building unless and until Landlord shall specify the same for removal pursuant to EXHIBIT "D", which Section 5.2. All of Tenant’s alterations and additions and installation of furnishings shall be governed coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the provisions Buildings or Site or interfere with construction or operation of said EXHIBIT "D"the Buildings and other improvements to the Site and, except for installation of furnishings, cabling and wiring shall be performed by Landlord’s general contractor (whose prices shall be competitive and reasonable taking into consideration the quality and nature of the work) or by contractors or workers first reasonably approved by Landlord. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security reasonably satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. To the extent usual and customary in light of the nature of the work being performed, Tenant shall not makealso prepare and submit to Landlord a set of as-built plans, suffer in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or permit to installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be made responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the Building that are required in order to comply with Legal Requirements as a result of any work performed by Tenant. Landlord shall have the right to provide such rules and regulations relative to the performance of any alterations, additions, improvements and installations by Tenant hereunder and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the Buildings or the Site and immediately to discharge any such liens which may so attach. Tenant shall pay, as Additional Rent, 100% of any real estate taxes on the Complex which shall, at any time after commencement of the Demised Premises or any part thereofTerm, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to result from any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to made by Tenant. Tenant acknowledges and agrees that Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead)the owner of any additions, as Rent, within ten (10) days after receipt of a statement. All such alterations, additions alterations and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at in the expiration Premises or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior Building to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require extent paid for by Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.

Appears in 2 contracts

Samples: Agreement (Proteon Therapeutics Inc), Agreement (Proteon Therapeutics Inc)

Alterations. Except for any initial improvement After the completion of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D"initial Tenant Improvements (if any), Tenant shall not make, suffer or permit to be made make any alterations, additions additions, substitutions or improvements (“Alterations”) in or to or of the Demised Premises or any part thereofPremises, or attach make changes to locks on doors, or add, disturb or in any fixtures way change any plumbing or equipment thereto, wiring (“Changes”) without first obtaining the written consent of Landlord's written consent, and, where applicable, in accordance with plans and specifications reasonably approved by Landlord. With respect As a condition to any alterationits approval, addition Landlord in its sole discretion may require Tenant to remove such Alterations or improvement which does not affect Changes upon the structure expiration or earlier termination of the Building, does not affect Term and any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Buildingextension period thereof, and is to restore the Premises to the condition they were in full compliance with prior to such Alterations or Changes, including restoring any damage resulting from such removal, all lawsat Tenant’s expense, orders, ordinances, directions, requirements, rules but excepting reasonable use and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (wear and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00)tear. Any such alterationsAlterations or Changes, additions or improvements to the Demised Premises consented to but excluding Tenant Improvements, approved by Landlord shall and not required to be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at removed upon the expiration or earlier termination of the Lease Term shall become a part of the realty and become property of the Landlord upon the expiration or earlier termination of this Lease. Any Alterations or Changes required to be made to Tenant’s Premises by any amendment to any applicable building, health, safety, fire, nondiscrimination, or similar law or regulation (“law”), or any new law shall be made at Tenant's sole expense and shall remain on be subject to the Demised Premises without compensation prior written consent of Landlord. Except with respect to the initial Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereofImprovements, Tenant shall promptly restore, at its sole cost reimburse Landlord for any reasonable sums expended for examination and expense, approval of the Demised Premises to its condition prior architectural and mechanical plans and specifications of the Alterations and Changes and direct costs reasonably incurred during any inspection or supervision of the Alterations or Changes. All damage or injury done to the installation Premises or Building by Tenant or by Tenant’s officers, directors, employees, agents, contractors, and invitees, including but not limited to the cracking or breaking of such alterationsany glass of windows and doors, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified paid for by Landlord at the time of initial approval). See Special Stipulation No. 39Tenant.

Appears in 1 contract

Samples: Lease Agreement

Alterations. Except for any initial improvement No alterations, additions, or improvements to the Premises (other than the Tenant Improvements) shall be made without first having the consent in writing of Landlord which consent shall not be unreasonably withheld or delayed; nor shall such alternations, additions, or improvements interfere with or damage the mechanical or electrical systems or the structure of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by or the provisions of said EXHIBIT "D"Building. Further, Tenant shall not makeinstall or maintain any apparatus or device which will increase the usage of electrical power, suffer water, or permit gas for the Premises to an amount greater than would be made required for normal general office use for space of comparable size, unless Tenant shall have first obtained the prior written consent of Landlord and Tenant shall have delivered to Landlord a written agreement to pay additional costs related thereto. Landlord shall have the right to approve all window treatments in the Premises. Notwithstanding the foregoing, Tenant shall have the right without Landlord’s consent to undertake and perform nonstructural alterations and improvements which Tenant considers necessary or appropriate to enhance and supplement heating, ventilating, air conditioning, electrical and communications equipment and systems serving the Premises and Tenant’ s operations therein, including without limitation the installation and removal of non-load bearing partition walls, and the construction of control rooms which may be necessary or appropriate to support such operations. Nothing herein is meant to interfere with Tenant’s ability to control the floor layout in the Premises. Except as otherwise provided in this Lease, any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to by the Landlord shall be made at Tenant’ s sole expense. Tenant shall secure any and all governmental permits, approvals, or authorizations required in connection with any such work and shall hold Landlord harmless from any and all liability, costs, damages, expenses (including attorney’ s fees) and liens resulting therefrom. All alterations (expressly excluding all trade fixtures, office furniture systems, security systems, appliances and equipment), shall become the property of the Landlord upon termination of this Lease; provided however that Landlord may require Tenant to remove all or a portion or the alterations made to the Premises at the termination of this Lease if Landlord designates in writing such removal when the alterations are requested in writing by Tenant. Such property which does not become the property of Landlord or under Landlord's supervision for shall remain the property of Tenant's account , and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at have the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation right to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, property from the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear exceptedPremises. Tenant shall under no circumstances be required agrees to remove indemnify and hold Landlord harmless against and from all claims for mechanic’ s, materialmen’s or other liens in connection with any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consentadditions, or improvements to which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39may give its consent.

Appears in 1 contract

Samples: Building Lease (DERMAdoctor, LLC)

Alterations. 3. Except for as otherwise expressly permitted in this lease, Tenant shall make no changes in or to the demised premises of any initial improvement nature without Landlord's prior written consent. Subject to the prior written consent of the Demised Premises pursuant Landlord, and to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D"this article, Tenant shall not makeat Tenant's expense, suffer or permit to be made any may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to or the interior of the Demised Premises demised premises by using contractors or mechanics first reasonably approved by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any part thereoftime, either by Tenant or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for in Tenant's account and Tenant shall reimburse behalf, shall, upon installation, become the property of Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on upon and be surrendered with the Demised Premises without compensation to Tenant demised premises unless Landlord elects Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord's right hereto and to have Tenant remove such alterations, additions and improvementsthem removed by Tenant, in which event, notwithstanding the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this article shall be construed to give Landlord title to or to prevent Xxxxxx's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereoffrom the premises or upon removal of other installations as may be required by Landlord, Tenant shall promptly restoreimmediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the premises after Xxxxxx's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the premises by Landlord at Tenant's expense. Tenant shall, before making any alterations, additions, installations or improvements, at its sole cost and expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Xxxxxx agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Landlord may reasonably require. If any mechanic's lien is filed against the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consentdemised premises, or the building of which are made with Landlordthe same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within 30 days thereafter, at Xxxxxx's consent (unless expense, by filing the removal requirement is specified bond required by Landlord at the time of initial approval). See Special Stipulation No. 39law.

Appears in 1 contract

Samples: Paradise Music & Entertainment Inc

Alterations. Except Tenant shall have the right to make such alterations to ----------- the Premises as may be necessary for any initial improvement the conduct of Tenant's business after completion of the Demised Premises pursuant to EXHIBIT "D"Tenant Improvements and reasonably approved by Landlord; provided, which shall be governed by the provisions of said EXHIBIT "D"however, that Tenant shall not make, suffer or permit to be made make (a) any structural alterations, additions or improvements to or any nonstructural alterations that affect the integrity of the Demised Premises Building systems, or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement nonstructural alterations a single component of which does not affect the structure costs in excess of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld $100,000 (and Landlord's consent shall for which Tenant has not be required if agreed in writing to restore the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements Premises to the Demised Premises consented condition immediately prior to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property alteration at the expiration or earlier termination of this Lease) without the Lease Term written consent of Landlord, which consent Landlord may withhold in its sole discretion; of (b) any nonstructural alterations a single component of which costs in excess of $100,000 (and for which Tenant has agreed in writing to restore the Premises to the condition immediately prior to such alteration at the expiration or earlier termination of this lease) without the written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Tenant shall obtain all necessary building permits as are required for such alterations. Except as provided herein (;particularly with respect to Tenant's machinery, trade fixtures, furnishings, equipment and signs) such alterations made by Tenant shall become part of the Premises and shall remain on be returned to Landlord as part of the Demised Premises upon termination. Tenant shall also have the right to install, attach, affix or otherwise place in or upon the Premises, any and all machinery, equipment for teleservicing, office or software development, trade fixtures, furnishings and exterior signs necessary or desirable for Tenant's proper use of the Premises. Notwithstanding anything to the contrary, Tenant will retain ownership and shall remove any and all of Tenant's machinery, equipment for teleservicing, office or software development, trade fixtures, furnishings and exterior signs (including without compensation limitation telecommunications equipment, computers, office furniture, office equipment, disaster recovery backup equipment, cabling, wiring, signs, etc.) at any time including at the termination or expiration of this Lease, whether or not the same shall be deemed to be affixed to the Premises or the Building. After removal, Tenant unless Landlord elects by notice shall, at its expense, restore the Premises to Tenant to have Tenant remove such alterations, additions and improvements, the same condition in which eventthey were prior to the installation, notwithstanding any contrary provisions respecting attachment or placement of such alterationsmachinery, additions trade fixtures, furnishings, equipment and improvements contained in Article 32 hereofexterior signs. Notwithstanding the foregoing, Tenant shall promptly restore, at its sole cost and expense, have no obligation to remove the Demised Tenant Improvements or to restore the Premises to its the condition existing prior to the installation completion of such alterations, additions the Tenant Improvements. All work performed and improvements, normal wear and tear excepted. all repairs made hereunder by Tenant shall under no circumstances be required to remove any alterationsdone in a good and workmanlike manner which shall be consistent with industry standards, additions using only first quality materials and improvements which are part labor and in compliance with all applicable buildings and zoning laws and with all other laws, ordinances, orders, rules, regulations, and requirements of all federal, state, and municipal governments and the initial improvement of the Demised Premises which do not require Landlord's consentappropriate departments, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39commissions, boards and officers thereof.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Alterations. Except for any initial improvement Tenant shall make no changes in or to the ----------- Premises without Landlord's prior written consent. Subject to the prior written consent of the Demised Premises pursuant Landlord, and to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D"this Article, Tenant shall not makemay make alterations, suffer or permit to be made any alterationsinstallations, additions or improvements which are non-structural and which do not affect utility services or plumbing; and electrical lines, in or to or the interior of the Demised Premises by using contractors or mechanics first approved in writing by Landlord.* All fixtures, all electrical items and all panelling, partitions, railings and like installations, installed in the Premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall become the property of Landlord and shall remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant no later than thirty (30) days prior to the date fixed as the termination of this Lease or before sixty (60) days after the expiration of this Lease, elects to have them removed by Tenant, in which event the same shall be removed from the Premises by Tenant forthwith. Nothing in this Article shall be construed to prevent Tenant's removal of trade fixtures, but upon removal of any such trade fixtures from the Premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense repair and restore the Premises to the condition existing prior to installation, and shall repair any part thereofdamage to the Premises on the building due to such removal. All property permitted or required to be removed by Tenant at the end of the Term remaining in the Premises after Tenant's removal shall be deemed abandoned and may, or attach any fixtures or equipment theretoat the election of Landlord, without first obtaining either be retained as Landlord's written consent. With respect to any alteration, addition property or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible may be removed from the common areas Premises by Landlord at Tenant's expense, which right of Landlord shall survive expiration of this Lease. Tenant shall, before making any alterations, additions, installations or exterior improvements, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates at final approval thereof and shall promptly deliver duplicates of all such permits, approvals and certificates to Landlord; and Tenant agrees to carry such Xxxxxxx'x Compensation, General Liability, Personal and Property Damage Insurance as Landlord may reasonably require. Tenant agrees to obtain and deliver to Landlord, written and unconditional waivers of mechanic's liens upon the Buildingreal property in which the Premises are located, for all work, labor and is services to be performed and materials to be furnished in full connection with such work, signed by all contractors, sub-contractors; materialmen and laborers to become involved in such work. The work shall be done in a good and workmanlike manner and in compliance with all applicable laws, orders, ordinances, directionscodes, governmental rules, regulations and requirements, rules and regulations in accordance with the standards, if any, of all governmental authoritiesthe Board of Fire Underwriters, or other organizations exercising the functions of a board of fire underwriters the jurisdiction of which includes the Premises. Landlord's consent shall not be unreasonably withheld (and Landlord's * Notwithstanding Landlord agrees that its consent shall not be required if the cost of the aforesaid type of alteration is for any non-structural alterations which amount to less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.

Appears in 1 contract

Samples: Lease (Happy Kids Inc)

Alterations. Except Lessee acknowledges and agrees that certain improvements to the Premises are to be completed by Lessor, in compliance with the specifications set forth in Exhibit "B" attached hereto ("Lessor's Improvements"). Lessor represents that to the best of its knowledge and belief after completion of Lessor's Improvements the Complex and the Premises will be suitable for any initial improvement the purposes contemplated by Lessee, as such contemplated purposes have been communicated by Lessee to Lessor. EXHIBIT "A" which is attached hereto and made a part hereof is a "Floor Plan" of the Demised Premises pursuant Premises. Lessor shall use its best efforts to EXHIBIT complete Lessor's Improvements by September 1, 1993. In the event that Lessor's Improvements are not substantially completed by September 1, 1993, Lessee shall have the option, in its sole discretion, of either: (1) occupying the Premises, allowing the Lease to commence, and having payments of Rent and Additional Rent abated until such time as Lessor's Improvements are substantially complete; or (2) not occupying the Premises, and having the term of the Lease not commence until Lessor's Improvements are substantially complete. Lessor's Improvements and any and all additions, alterations and improvements made by the Lessee ("DLessee's Improvements"), shall be done in a good and workmanlike manner. Prior to the commencement of construction of Lessee's Improvements, Lessee shall furnish to Lessor the plans and specifications of the construction work to be undertaken, shall furnish information as to the equipment to be installed, and shall obtain Lessor's written approval of said plans and specifications, which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent approval shall not be unreasonably withheld (and Landlordwithheld. Lessor shall obtain all necessary permits required by governmental authorities having jurisdiction prior to the commencement of construction of Lessee's consent Improvements. Lessee's Improvements shall not be required if become the cost property of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to Lessor and shall remain upon and be surrendered with the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of this Lease. It is not intended to include in the Lease Term expression "additions, alterations and improvements," any mechanical equipment and trade fixtures installed by the Lessee, all of which shall remain may be removed by Lessee on the Demised Premises without compensation to Tenant unless Landlord elects termination of this Lease if (i) Lessee is not in default hereunder, (ii) such removal does not damage the Premises, and (iii) any damage that may be occasioned by any such removal shall be repaired by Lessee in a good and workmanlike manner. If Lessor so directs by written notice to Tenant Lessee, prior to have Tenant the expiration of this Lease, or within fifteen (15) days thereafter, the Lessee shall promptly remove all fixtures or mechanical equipment which were placed in the Premises by Lessee and which are designated in said notice. Lessee shall repair any physical damage occasioned by such alterationsremoval, additions and improvementsin default, thereof, Lessor may effect said removals and repairs at Lessee's expense. Lessee may bring such equipment, furniture, trade fixtures or other personal property into the Premises as may be necessary for its business; PROVIDED, HOWEVER, that Lessee shall first notify Lessor of the type and nature of such personal property to be brought onto the Premises. Should such personal property be of an unusual size, type, or weight, so as to adversely affect the Complex, then Lessor reserves the right to restrict the use of same in the Premises. Lessee will not file, nor will it permit or suffer any contractor or subcontractor, materialman or mechanic or other person under it to file, nor shall any contractor, subcontractor, materialman or mechanic file any mechanics' lien or other liens or claims for work done or materials furnished in or about the Premises against the Premises or the structure of which it is a part. Unless Lessor otherwise agrees, in writing, prior to the commencement of any work on the Premises, Lessee shall file in the office of the Prothonotary of Allegheny County a waiver of the right to file liens which eventshall be in usual form for such waivers, notwithstanding such form to be approved by the Lessor. Notwithstanding the foregoing, if any contrary provisions respecting such alterationsmechanics' or other lien shall be filed against the Premises or the Complex purporting to be for labor or material furnished or to be furnished at the request of Lessee, additions and improvements contained in Article 32 hereof, Tenant shall promptly restorethen Lessee shall, at its sole cost and expense, cause such lien to be discharged of record by payment, bond or otherwise, within thirty (30) days after the Demised Premises filing thereof. If Lessee shall fail to its condition prior cause such lien to the installation be discharged of record within such alterationsten-day period, additions or, if such lien is contested by Lessee and improvementsLessee fails to provide adequate security for Lessor's protection; then Lessor may cause such lien to be discharged by payment, normal wear bond or otherwise, and tear exceptedLessee shall, upon demand, reimburse Lessor for all reasonable amounts paid and costs incurred including attorneys' fees, in having such lien discharged of record. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part The taking of possession of the initial improvement of Premises by Lessee shall establish that the Demised Premises which do not require Landlordand the Complex were at such time in satisfactory condition, except for Lessor's consentImprovements, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39latent defects, order and repair.

Appears in 1 contract

Samples: Lease Agreement (Tollgrade Communications Inc \Pa\)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made make any alterations, additions or improvements (collectively referred to or as “Alterations”) to the Premises without the prior written consent of the Demised Premises or any part thereofLandlord, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent Landlord shall not be required if the cost to notify Tenant of whether it consents to any Alterations until it (a) has received plans and specifications in a CAD disk format therefore which are sufficiently detailed to allow construction of the aforesaid type of alteration is less than $15,000.00). Any such alterationswork depicted thereon to be performed in a good and workmanlike manner, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including b) has had a reasonable charge opportunity to review them. If the Alterations will affect the Building’s structure, HVAC system, or mechanical, electrical, or plumbing systems, then the plans and specifications therefore must be prepared by a licensed engineer reasonably acceptable to Landlord and provided to Landlord in a CAD disk format. Landlord’s approval of any plans and specifications shall not be a representation that the plans or the work depicted thereon will comply with law or be adequate for any purpose, but shall merely be Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination ’s consent to performance of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding work. Upon completion of any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereofAlteration, Tenant shall promptly restoredeliver to Landlord accurate, reproducible as-built plans therefore in a CAD disk format.Tenant may erect shelves, bins, machinery and trade fixtures (collectively “Tenant Installations”) provided that such items (1) do not alter the basic character of the Premises or the Building; (2) do not overload or damage the same; and (3) may be removed without damage to the Premises. Unless Landlord specifies in writing otherwise, all alterations, additions, and improvements shall be Landlord’s property when installed in the Premises. Unless Landlord notifies Tenant to the contrary, all shelves, bins, communications cables, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the day of termination or expiration of this Lease, or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. All work performed by Tenant in the Premises (including that relating to the installations, repair replacement or removal of any item) shall be performed in accordance with all applicable governmental laws, ordinances, regulations, and with Landlord’s specifications and requirements, in a good and workmanlike manner, and so as not to damage or alter the Building’s structure or the Premises. Tenant shall be responsible for compliance with 1) The Americans With Disabilities Act of 1990 as amended (hereafter “ADA”) and 2) the Texas Elimination of Architectural Barriers Act (hereafter TEAB”) or any successor statute to the ADA or TEAB. Tenant shall also be responsible for compliance with all applicable laws, ordinances, and regulations with respect to tagging, installation and removal of communications cable in, above, appurtenant to, or associated with the Premises. At Landlord’s option, Tenant at its sole cost and expenseexpense shall remove all communications cable installed by it, or on its behalf, or utilized by it (even if installed by others) during Tenant’s occupancy of the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear exceptedLeased Premises. No communications cable installed or utilized by Tenant shall under no circumstances be required abandoned by Tenant after it ceases to remove occupy the Premises. The term “communications cable” includes wire, cable, fiber optic or any alterationsother physical method of electronic, additions electrical or optical transmission, of a) data, b) information, c) voice and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consentother sound, d) pictures, motion picture, video or images, or which are made e) other communication of any kind whatsoever including use as or for audio speaker, computer network, internet, intranet, electronic mail, fire, security and/or other emergency or alarm systems, optical fiber, communications circuits, radio, television, satellite, computer, coaxial, or network powered broadband whether within or outside the Premises. In connection with Landlord's consent any such Alteration, Tenant shall pay to Landlord an administration fee of five percent (unless the removal requirement is specified by Landlord at the time 5%) of initial approval). See Special Stipulation No. 39all costs incurred for such work.

Appears in 1 contract

Samples: Lease Agreement (Tangoe Inc)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D"as otherwise required herein or as otherwise set forth herein as Tenant’s Work, Tenant shall not make, suffer or permit to be made make any alterations, additions or improvements to the exterior or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other structural portions of the BuildingPremises (including, is without limitation, the roof) (herein referred to collectively as "Alteration") without the prior written consent of Landlord and the Association (to the extent it has jurisdiction), which consent Landlord and the Association shall not visible from unreasonably withhold. Tenant may install in the common areas or exterior interior of the BuildingPremises without the consent of Landlord, unattached, movable trade fixtures and furniture which may be installed without drilling, cutting or otherwise defacing the Premises including but not limited to partitions, cubicles, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall other items which are not be unreasonably withheld fixtures (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00herein referred to as "Removable Trade Fixtures"). Any such alterationsOther than for Tenant’s Work, additions 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 if necessary, resubmit the same from time to time, within fifteen (15) days after receipt of written notice of disapproval thereof from Landlord or improvements to the Demised Premises consented to Association, until the same are approved by Landlord shall be made by and the Association if applicable. In the event the Association or Landlord fails to grant its approval (or under Landlord's supervision for disapproval) of Tenant's account ’s plans and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, specifications within ten (10) days after receipt of a statement. All such alterations, additions and improvements Tenant’s submission (except for Tenant's trade fixtures and computer and electronic equipmentand/or resubmission) shall become Landlord's property at the expiration or earlier termination of the Lease Term and same, then Landlord and/or the Association, as the case may be, shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant be deemed to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding approved the same. In connection with any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereofAlteration of the Premises by Tenant, Tenant shall promptly restorecomply with all applicable federal, at its sole cost state, county and expenselocal laws and ordinances (including, without limitation, the Demised Premises to its condition prior to ADA), and all rules and regulations of any governmental authority having jurisdiction over the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39Premises.

Appears in 1 contract

Samples: Lease Agreement (Ultimate Software Group Inc)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made make any alterations, additions additions, partitions, or other improvements to the Premises without the prior written consent of Landlord. Tenant, at its own cost and expense, may erect shelves, bins, machinery and trade fixtures as it desires as well as alterations, additions, partitions, or other improvements which have been specifically consented to in writing by Landlord, provided that (i) such items do not alter the basic character of the Demised Premises or any part thereofthe building and/or improvements of which the Premises are a part, (ii) such items do not overload or attach any fixtures or equipment theretodamage the same, (iii) such items may be removed without first obtaining Landlord's written consent. With respect injury to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the BuildingPremises, and is in full compliance (iv) the construction, erection or installation thereof complies with all applicable governmental laws, orderscodes, ordinances, directionsregulations, or any other applicable authorities, including, without limitation, the Americans with Disabilities Act of 1990 (the "ADA"), and with Landlord's details, specifications and other requirements, rules (v) any architectural, engineering, construction management, permits, inspections or other cost or fee required to assure compliance with conditions set forth in this Paragraph 6 shall be paid by Tenant promptly upon demand. All alterations, additions, partitions, or other improvements erected by Tenant shall be and regulations remain the property of all governmental authorities. Tenant during the term of this Lease; provided however, at the termination of this Lease, Landlord shall have the option, exercisable in Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterationssole discretion, additions or improvements to the Demised Premises consented require Tenant either upon request to by Landlord shall be made by Landlord or under Landlord's supervision for remove, at Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, all or part of each alterations, additions, partitions, or other improvements, at which time Tenant shall promptly restore the Demised Premises to its condition immediately prior to the installation of commencement date, or to keep in place the same at which time such alterations, additions and additions, improvements, normal wear and tear exceptedpartitions shall become the property of Landlord. All shelves, bins, machinery and trade fixtures installed by Tenant shall under no circumstances be required removed on or before the earlier to remove any occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. All alterations, additions installations, removals and improvements which are part restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the initial improvement buildings and other improvements situated on the Premises or of which the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39a part.

Appears in 1 contract

Samples: Lease Agreement (Integrated Information Systems Inc)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant Lessee shall not make, suffer or permit to be made make any alterations, additions additions, partitions or other improvements to or the Premises without the prior written consent of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement Lessor which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00)or delayed. Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restoreLessee, at its own cost and expense, may erect shelves, bins, machinery and trade fixtures as it desires as well as alterations, additions, partitions, or other improvements which have been specifically consented to in writing by Lessor, provided that (a) such items do not alter the basic character of the Premises or the building and/or improvements of which the Premises are a part, (b) such items do not overload or damage tile same, (c) such items may be removed without injury to the Premises, and (d) the construction, erection or installation thereof complies with all applicable governmental laws, codes, ordinances, regulations, or any other applicable authorities, including, without limitation, the ADA; and with Lessor's details, specifications and other requirements. Any architectural, engineering, construction management, permits, inspections, or other cost or fee required to assure compliance with the conditions set forth in this Paragraph 6 shall be paid by Lessee promptly upon demand. All alterations, additions, partitions, or other improvements erected by Lessee shall be and remain the property of Lessee during the term of this Lease; provided, however, at the termination of this Lease, Lessor shall have the option, exercisable in Lessor's sole discretion, to require Lessee either (i) upon request to remove, at Lessee's sole cost and expense, all or part of any alterations, additions, partitions, or other improvements, at which time Lessee shall promptly restore the Demised Premises to its original condition prior ordinary wear and tear excepted (this option is available to Lessor only if Lessor notified Lessee of same in writing at the installation of time Lessor consented to such alterations), or (ii) to keep in place the same, at which time such alterations, additions and additions, improvements, normal and partitions shall become the property of Lessor. All shelves, bins, machinery and trade fixtures installed by Lessee shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Lessee shall restore the Premises to their original condition ordinary wear and tear excepted. Tenant shall under no circumstances be required to remove any All alterations, additions installations, removals and improvements which are part restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the initial improvement buildings and other improvements situated on the Premises or of which the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39a part.

Appears in 1 contract

Samples: Lease Agreement (Industrial Data Systems Corp)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", (a) Tenant shall not make, suffer or permit to be made make any alterations, additions or improvements to the Premises which affect the Building's Structure (defined below) without the prior written consent of Landlord. Landlord shall not be required to notify Tenant of whether it consents to any such alteration, addition or improvements until it (1) has received plans and specifications thereof which are sufficiently detailed to allow construction of the Demised Premises or any part thereofwork depicted thereon to be performed in a good and workmanlike manner and (2) has had a reasonable opportunity, or attach any fixtures or equipment theretonot to exceed 10 business days, without first obtaining Landlord's written consentto review them. With respect to any If the alteration, addition or improvement which does not will affect the structure of the Building, does not affect any of the Building's systems roof, foundation and structural elements (e.g.the roof, foundation, and structural elements herein collectively called the "BUILDING STRUCTURE"), HVAC System, or mechanical, electrical electrical, or plumbing)plumbing systems, does not diminish then the capacity of such Building systems available plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authoritiesLandlord. Landlord's consent approval of any plans and specifications shall not be unreasonably withheld (and a representation that the plans or the work depicted thereon will comply with Law or be adequate for any purpose, but shall merely be Landlord's consent shall not be required if the cost to performance of the aforesaid type work. Upon completion of alteration is less than $15,000.00)any alteration, addition, or improvement, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor. Any such Unless Landlord specifies in writing otherwise, all alterations, additions or improvements to the Demised Premises consented to by Landlord additions, improvements, and fixtures shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at when installed in the expiration Premises, except for furniture and equipment of Tenant which is not affixed to the Premises so as to become a fixture (i.e., unattached items and items which are temporarily attached by bolts and screws, but not items which are built-in or earlier termination of incorporated into the Lease Term and shall remain on Building or the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterationselectrical, additions and improvementsplumbing, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereofor mechanical systems therein). In addition, Tenant shall promptly restoremay erect shelves, at its sole cost bins, and expense, the Demised Premises to its condition prior to the installation of trade fixtures provided that such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which items (A) do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.alter

Appears in 1 contract

Samples: Lease Agreement (Advance Paradigm Inc)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", (a) Tenant shall not make, suffer make or permit to be made allow any alterations, additions additions, or improvements to or of the Demised Premises or any part thereofof the Premises (collectively, "Alterations"), without Landlord's prior consent, which shall not be unreasonably withheld. Consent, however, may be conditioned upon the receipt by, and approval of, Landlord of a set of plans and specifications for the alterations no later than thirty (30) days prior to the scheduled construction of the alterations as well as the use by Tenant of a contractor or contractors acceptable to Landlord. The installation of furnishings, fixtures, equipment, or attach any fixtures decorative improvements, none of which shall affect operating systems or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent Premises shall not be unreasonably withheld (constitute "Alterations." All Alterations and Landlord's consent any furnishings, fixtures, equipment, or decorative improvements remaining on the Premises after the termination or earlier expiration of this Lease shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall immediately become Landlord's property and, at the expiration termination or earlier termination expiration of the Lease Term and this Lease, shall remain on the Demised Premises without compensation to Tenant. Tenant unless agrees upon notice xxxx Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restoreremove, at its Tenant's sole cost and expense, the Demised Premises to its condition any and all Alterations, furnishings, fixtures, equipment, or decorative improvements (other than floors, walls, suspended ceilings and structural walls) installed by or on behalf of Tenant prior to the installation termination or earlier expiration of such alterations, additions and improvements, normal wear and tear exceptedthis Lease. In the event that Landlord requires Tenant shall under no circumstances be required to remove any such Alterations, furnishings, fixtures, equipment, or decorative improvements and Tenant fails to cause such removal on or prior to the termination or other earlier expiration of this Lease, such failure shall be deemed a holdover under Section 13(b) of this Lease, and in addition to any other damages owing Landlord under this Section, Tenant shall owe Holdover Rent (as hereinafter defined) for each and every day of such failure. All improvements, additions, alterations, additions and improvements which are part of repairs and the initial improvement of the Demised Premises which do not require Landlordremoval and restoration thereof, if required under this Lease, shall be performed in accordance with all applicable laws and at Tenant's consentsole expense. Tenant will indemnify and xxxxxd Landlord for all liens, claims, or which are made with Landlord's consent (unless damages caused by remodeling, improvements, additions, alterations, and repairs and the removal requirement is specified by and restoration thereof, if required under this Lease. Landlord at agrees, when reqxxxxxx xy Tenant, to execute and dexxxxx any applications, consents, or other instruments reasonably required to permit Tenant to do this work or to obtain permits for the time of initial approval). See Special Stipulation No. 39work.

Appears in 1 contract

Samples: Office Lease (Regan Holding Corp)

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

Appears in 1 contract

Samples: Commercial Lease Agreement (Microage Inc /De/)

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

Appears in 1 contract

Samples: Lease Agreement (Sparkling Spring Water Holdings LTD)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made make any alterations, additions or improvements to or the Premises (including but not limited to roof, floor and wall penetrations) without the prior written consent of Landlord. In the Demised Premises or event Landlord consents to the making of any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to by Tenant, the Demised Premises consented to by Landlord same shall be made by Landlord or under Landlord's supervision for Tenant, at Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the Demised Premises same and all subcontractors must first be approved in writing by Landlord. If Landlord and Tenant so agree, the alterations, additions or improvements may be made by Landlord for Tenant's account and, in such event, Tenant shall fully reimburse Landlord for the entire cost thereof, including a fee of fifteen percent (15%) of such cost to its condition prior cover Landlord's overhead, within twenty (20) days after written notification of Tenant by Landlord providing Tenant with an invoice or other request (or statement). Promptly after completion of any alterations, additions, or improvements to the installation Premises made by Tenant, Tenant shall supply Landlord with a set of scaled and dimensioned, reproducible mylars of "as-built" plans for such alterations, additions or improvements, certified by Tenant's architect or space planner. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good and workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the Building or improvements and without overloading or damaging the Building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term and Tenant shall, unless Landlord otherwise elects as herein provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their condition, as existed after completion of the Leasehold Improvements, normal wear and tear tear, casualty and condemnation excepted, on or before the Lease Expiration Date or any sooner date of termination of this Lease; provided, however, that if Landlord so elects prior to termination or expiration of this Lease, such alterations, additions, improvements and partitions shall become the property of Landlord as of the Lease Expiration Date or any sooner date of termination of this Lease and shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed on or before the Lease Expiration Date or any sooner date of termination of this Lease if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural qualities of the Building and improvements situated in the Premises. Tenant shall under no circumstances not be required to remove any alterations, additions and improvements which are part of the initial Leasehold Improvements constructed pursuant to the Work Letter attached hereto as Exhibit "C." In addition, Tenant shall not be required to remove any subsequent alteration or improvement of the Demised Premises which do not require made by Tenant, provided Tenant obtains Landlord's consentwritten consent to surrender such alteration or improvement with the Premises, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time Landlord consents to the making of initial approval). See Special Stipulation No. 39such alteration or improvement.

Appears in 1 contract

Samples: Lease Agreement (Synquest Inc)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such make alterations, additions or improvements to the Demised Premises consented to (i) that affect the Building's structure or exterior appearance, or (ii) that would change any of the leasehold improvements installed by Landlord at Landlord's expense for Tenant (the "Initial Leasehold Improvements") in any manner that would materially reduce their value, without in either case obtaining the prior written consent of Landlord, which consent will not be unreasonably withheld. If Landlord consents to Tenant's contractors doing any alteration exceeding $100,000 in cost, Landlord may require that Tenant provide, at Tenant's expense, a lien and completion bond in an amount equal to 115% of the estimated costs of improvements, additions or alterations in the Premises to insure Landlord against any liability or mechanic's and materialmen's liens which may arise in accordance with Paragraph 23 of this Lease and to insure completion of the work. Tenant may, with prior notice to Landlord but without obtaining Landlord's consent, at its own cost and expense and in a good workmanlike manner, (i) make such nonstructural alterations, additions or improvements that do not affect the Building's exterior appearance and that will not change any Initial Leasehold Improvements in any manner that would materially reduce their value, or (ii) erect, remove or alter such partitions, or erect such shelves, bins, machinery and trade fixtures it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations, and other requirements. All alterations, additions, improvements and partitions erected by Tenant (i.e., excluding the Initial Leasehold Improvements) shall be made and remain the property of Tenant provided, however, that, subject to the next paragraph, Tenant shall, if Landlord so elects, remove all such alterations, additions, improvements, and partitions erected by Tenant and repair any damage caused by such removal by the date of termination of this Lease; otherwise such improvements shall become the property of the Landlord as of the date of the end of the term of this Lease (as such term may be extended pursuant to any renewals, extensions or under holdover period) and shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this tease if Tenant so elects, and shall be removed if required by Landlord's supervision for Tenant's account and ; upon any such removal Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statementrepair any damage caused by such removal. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the primary structure or structural qualities of the building and other improvements situated on the Premises. Notwithstanding the foregoing, if Tenant asks Landlord, prior to installing any alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to if Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances will be required to remove any alterations, additions and improvements which are part the same at the end of the initial improvement of lease term, then Tenant will only be required to so remove such alterations if Landlord so states within 30 days after the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39request.

Appears in 1 contract

Samples: Lease Agreement (Koala Corp /Co/)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made make any alterations, additions or improvements to the Premises without the prior written consent of Landlord, such consent with respect to non-structural interior alterations not to be unreasonably withheld, conditioned, or delayed. Notwithstanding the aforesaid, Tenant, at Tenant’s sole cost and expense, may install trade fixtures as Tenant may deem necessary, so long as such trade fixtures do not penetrate or disturb the structural integrity and support provided by the roof, exterior walls or subfloors or require excavation of the Demised Premises floor slab or disturbance of column supports. All such trade fixtures, as well as any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements made by Tenant with the aforesaid approval of Landlord, shall be constructed and/or installed by contractors approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed, in a good and workmanlike manner, and in compliance with all applicable governmental and quasi-governmental laws, ordinances and regulations, as well as all requirements of Landlord’s insurance carrier. If applicable, a list of Landlord’s pre-approved Tenant alterations, approved subject to review of Tenant drawings and compliance with the Demised Premises consented preceding provisions of this Section 9, is set forth on Exhibit E. Other than the initial improvements to by Landlord shall be made by Landlord Tenant incidental to Tenant’s initial occupancy of the Premises (hereby shown in Exhibit E and for purposes of this paragraph the “Tenant’s Initial Alterations”), then it is agreed that, subject to the following provisions of this paragraph, upon the expiration or under Landlord's supervision for Tenant's account and earlier termination of this Lease, Tenant shall reimburse Landlord for at Tenant’s sole expense remove all costs thereof alterations, additions or improvements installed by Tenant within the Premises, including any materials other than paint which are applied to the columns, decking or joists, properly fill all holes in the floor and remove all above the floor improvements installed by Tenant, and upon such removal, Tenant shall at Tenant’s sole expense restore the Premises to a condition substantially similar to that condition when received by Tenant. However, notwithstanding the aforesaid, (including i) upon Landlord’s written election, all or a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt portion of a statement. All such alterations, additions and improvements shall revert to Landlord and shall remain within the Premises, and (except for ii) in the event that with respect to any alterations, additions and/or improvements other than the Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property ’s Initial Alterations, Tenant desires that said alterations, additions and/or improvements remain on the Premises at the expiration or earlier termination of this Lease, at the Lease Term time Tenant submits its request for Landlord’s consent to such alterations, additions and/or improvements, Tenant shall list those items which Tenant desires to remain on the Premises at the expiration or earlier termination of this Lease, and Landlord shall within fifteen (15) days subsequent to the date of such request, notify Tenant whether it has agreed that such items shall remain on the Demised Premises without compensation at the time of the expiration or earlier termination of this Lease, and to the extent Landlord shall at that time not agree that such items shall remain on the Premises at the time of the expiration or earlier termination of this Lease, subject to the provisions of the immediately preceding clause (i), at the time of the expiration or earlier termination of this Lease, Tenant unless Landlord elects by notice to Tenant to have Tenant shall remove all such alterations, additions and improvements, and/or improvements in which event, notwithstanding any contrary accordance with the provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39preceding sentence.

Appears in 1 contract

Samples: Warehouse Lease Agreement (Sand Hills, Inc)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", (A) Tenant agrees that neither Tenant nor anyone claiming under Tenant shall not makemake any installations, suffer or permit to be made any alterations, additions or improvements (the “Improvements”) to or upon the Demised Premises, without the prior written consent of Landlord, except for non-structural alterations to the interior of the Demised Premises Building costing, in the aggregate, One Thousand Dollars ($1,000.00) or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authoritiesless. Landlord's ’s prior written consent shall not be unreasonably delayed, conditioned, or withheld (and Landlord's Landlord shall act reasonably in approving all plans and specification of Tenant’s Improvements. Notwithstanding any alteration to which Landlord may hereafter, in its reasonable discretion, consent to, Tenant shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to restore the Demised Premises consented to the same condition as the Demised Premises were in upon commencement of the term unless otherwise requested in writing by Landlord. Tenant shall not bring any additional electrical service into the Demised Premises unless it is brought in underground over a route first approved by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and unless Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt restores the surface of a statementthe ground and other disturbed areas to the same condition that existed prior to the installation thereof. All such installations, alterations, additions and improvements made to or upon the Demised Premises, whether made by Landlord or Tenant or any other person (except for only signs, Tenant's ’s or movable trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on installed in the Demised Premises without compensation prior to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, Initials: JPF. SPM. 8 or during the term of this Lease at its the sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant or any person claiming under Tenant) shall under no circumstances be required to remove any alterations, additions and improvements which are deemed part of the initial improvement of the Demised Premises which do and upon the expiration or other termination of the term of this Lease shall be at the Landlord’s sole discretion either fully restored in accordance with the above provisions of this paragraph or surrendered with the Demised Premises as a part thereof, in good condition and repair, without disturbance, molestation or injury. Movable trade fixtures shall include trade fixtures and other installations not require Landlord's consentaffixed to the realty and trade fixtures and other installations affixed only by nails, bolts, or which are made screws with prior permission of Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.

Appears in 1 contract

Samples: Lease Agreement (Spring Bank Pharmaceuticals, Inc.)

Alterations. Except for Tenant shall not make any initial improvement alterations to the Premises, or to the Project, including any changes to the existing landscaping, without Landlord's prior written consent WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD. NOTWITHSTANDING THE FOREGOING, TENANT SHALL HAVE THE RIGHT TO (I) PAINT AND CARPET THE PREMISES, AND (II) UNDERTAKE OTHER NON-STRUCTURAL ALTERATIONS COSTING LESS THAN $50,000, WITHOUT LANDLORD'S PRIOR WRITTEN CONSENT, BUT WITH NOT LESS THAN THIRTY (30) DAYS PRIOR WRITTEN NOTICE TO LANDLORD. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the laws of the Demised state in which the Premises pursuant are located. Any alterations make shall remain on and be surrendered with the Premises upon expiration of the Term, except that Landlord may, within 30 days before or 30 days after expiration of the Term UNLESS TENANT, AT ITS SOLE AND EXPENSE, REMOVES SAME, AND RESTORES THE PREMISES TO ITS CONDITION AS OF THE COMMENCEMENT DATE, REASONABLE WEAR AND TEAR EXCEPTED, OR UNLESS LANDLORD NOTIFIES TENANT AS A CONDITION OF ITS CONSENT TO REMOVE ANY PARTICULAR IMPROVEMENT, OR PORTION THEREOF, AND RESTORE THE PREMISES TO THE CONDITION IMMEDIATELY PRIOR TO THE INSTALLATION OF THE PARTICULAR IMPROVEMENT. Should Landlord consent in writing to EXHIBIT "D", which shall be governed by Tenant's alteration of the provisions of said EXHIBIT "D"Premise, Tenant shall not make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance contract with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to a contractor approved by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation construction of such alterations, additions shall secure all appropriate governmental approvals and improvementspermits, normal wear and tear exceptedshall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord, and in compliance with all applicable laws, statutes and regulations. All such construction shall be performed in a manner which will not interfere with the quiet enjoyment of other tenants of the Project. Tenant shall under no circumstances be required to remove any alterations, additions pay all costs for such construction and improvements shall keep the Premises and the Project free and clear of all mechanics' liens which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified may result from construction by Landlord at the time of initial approval). See Special Stipulation No. 39Tenant.

Appears in 1 contract

Samples: Global Directmail Corp

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D"as set forth herein, Tenant shall not make, suffer or permit to be made make any alterations, additions or improvements to or the Premises without the prior written consent of Landlord Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires, provided that (i) such items do not alter the basic character of the Demised Premises or any part thereofthe Building, (ii) such items do not overload or attach any fixtures damage same, (iii) such items may be removed without injury to the Premises, and (iv) the construction, erection or equipment theretoinstallation thereof complies with all applicable governmental laws, without first obtaining ordinances, regulations and with Landlord's written consent’s specifications and requirements. With respect to tenant improvements constructed after Substantial Completion, Tenant shall be responsible for compliance with The Americans With Disabilities Act of 1990 Landlord shall be responsible for having the shell building and Tenant Improvements upon Substantial Completion comply with The Americans With Disabilities Act of 1990 Without implying any alterationconsent of Landlord thereto, addition all alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease. Tenant may remove, either during or improvement at the termination of the Lease, all bus duct, all elements relating to the cleaning and packaging room, the exhaust system for the grinding and polishing room, the air compressors to run the internal compressed air lines and the outside signage All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the day of termination or expiration of this Lease or vacating the Premises, at which does time Tenant shall restore the Premises to their original condition, wear and tear excepted. All alterations, installations, removals and restorations shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the Building or other improvements situated on the Premises or of which the Premises are a part. Tenant is allowed to make changes to the space upon the Landlord’s consent Tenant is allowed to make, without consent, up to $50,000 per year of improvements to the Premises subsequent to the construction of the initial Tenant Improvements, if such improvements do not affect the structure of the Building, does not affect any Building Except for improvements made by the Tenant to the mezzanine level of the Building's systems (e.g.Premises, mechanical, electrical any such improvements are subject to demolition upon the termination or plumbing), does not diminish expiration of this Lease if Landlord notifies Tenant prior to the capacity time that the improvements are constructed that demolition will be required at the termination or expiration of such Building systems available this Lease Improvements to other portions the mezzanine level of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not Premises may be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property demolished at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to If required, Landlord must notify Tenant unless Landlord elects by notice to Tenant to have Tenant remove of such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, requirement at its sole cost and expense, the Demised Premises to its condition least three (3) months prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part termination of the initial improvement of the Demised Premises which do not require Landlord's consentLease Any demolition required under this provision is to be performed by Tenant, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39Tenant’s costs.

Appears in 1 contract

Samples: Lease Agreement (DJO Finance LLC)

Alterations. Except Tenant shall not make alterations and additions to Tenant’s space except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld or delayed. However, Landlord’s determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises shall be in Landlord’s sole discretion. Without limiting such standard, Landlord shall not be deemed unreasonable for withholding approval of any initial improvement alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord’s reasonable opinion might adversely affect any structural or exterior element of the Demised Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises pursuant to EXHIBIT "D"normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, which (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent, in Landlord’s reasonable judgment, with alterations satisfying Landlord’s standards for new alterations in the Building. Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be governed deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the provisions Building and the other requirements of said EXHIBIT "D"this Lease with respect to Tenant’s insurance obligations (herein called “Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall not makepay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but including any review of plans or work relating to any assignment or subletting), suffer as Additional Rent, an amount equal to the sum of: (i) $100.00 per hour for the time spent by the construction and property management personnel of Landlord (or permit an affiliate of Landlord) in reviewing Tenant’s plans under this Section 5.14, plus (ii) third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. All alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2; provided, however that at the time of Landlord’s response to Tenant’s request for approval of alterations, additions and/or improvements, Landlord shall upon its review advise Tenant whether and the extent to which any such proposed alterations and improvements are required to be made removed. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord’s general contractor or by contractors or workers first approved by Landlord. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry worker’s compensation insurance in statutory amounts covering all the contractor’s and subcontractor’s employees and commercial general liability insurance or comprehensive general liability insurance with a broad form comprehensive liability endorsement with such limits as Landlord may reasonably require, but in no event less than $2,000,000.00 combined single limit per occurrence on a per location basis (all such insurance to be written in companies approved by Landlord and naming and insuring Landlord and Landlord’s managing agent as additional insureds and insuring Tenant as well as the contractors), and to deliver to Landlord certificates of all such insurance. Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the Building that are required in order to comply with Legal Requirements as a result of any work performed by Tenant. Landlord shall have the right to provide such rules and regulations relative to the performance of any alterations, additions, improvements and installations by Tenant hereunder and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the Buildings or the Site and immediately to discharge any such liens which may so attach. Tenant shall pay, as Additional Rent, 100% of any real estate taxes on the Complex which shall, at any time after commencement of the Demised Premises or any part thereofTerm, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to result from any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.

Appears in 1 contract

Samples: Commencement Date Agreement (Indevus Pharmaceuticals Inc)

Alterations. Except for any initial improvement All Alterations by Tenant must be in accordance with the requirements of this Lease. The Tenant may, provided the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules applicable provisions of this Section 13 make at its sole cost and regulations expense Alterations which are not Material Alterations without the consent of all governmental authoritiesLandlord. Tenant shall be required to obtain Landlord's prior written consent (which consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00)or delayed) with regard to Material Alterations. Any such alterationsBefore proceeding with any Material Alteration, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse submit to Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, approval (which approval or disapproval (with reasons for such disapproval) Landlord shall provide to Tenant within ten seven (107) days after receipt of such plans and specifications), the name of the contractor and plans and specifications for the work to be done and Tenant shall not proceed with such work until it obtains Landlord's approval, which approval shall not be unreasonably withheld or delayed. In the event that Landlord has failed to approve such plans and specifications within said seven (7) day period, such plans and specifications shall be deemed approved. Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of the Alterations and for final approval thereof upon completion and shall cause the Alterations to be performed in a statementgood and workmanlike manner in 12 accordance with the requirements of all applicable governmental authorities. All such alterationsAlterations shall be diligently performed in a good and workmanlike manner, additions using materials and equipment at least equal in quality and class to the original installations of the Premises. All decorations, additions, improvements (or other alterations to the Premises, except for the Tenant's trade fixtures Property, shall, unless Landlord elects otherwise in writing, become the property of Landlord upon the expiration of this Lease, and computer and electronic equipment) shall become Landlord's property be surrendered with the Premises at the expiration or earlier termination of this Lease. Landlord shall have the Lease Term and shall remain on the Demised Premises without compensation right to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord designate at the time of initial approval)its approval of any request by Tenant for permission to make Material Alterations to the Premises those items for which Landlord reasonably reserves the right to require Tenant to remove upon the expiration or sooner termination of the term of this Lease. See Special Stipulation NoAny such designation shall be in Landlord's reasonable discretion, based upon sound business judgment as to the probable effect of such Material Alteration upon Landlord's ability to re-let the Premises upon the expiration or sooner termination of the Term of this Lease. 39If required by Landlord in accordance with the foregoing, any such Material Alteration to the Premises shall be removed at Tenant's expense upon the expiration or sooner termination of the Term of this Lease and Tenant, at its expense, shall also repair any damage to the Premises caused by such removal, reasonable wear and tear, casualty, condemnation and Acts of God excepted.

Appears in 1 contract

Samples: Lease (Anchor Funding Services, Inc.)

Alterations. Except The TENANT shall not make any alterations to the Lease Premises without the written consent of the LANDLORD, such consent not to be unreasonably withheld or delayed. If the TENANT shall desire to make any such alterations, it shall furnish plans and specifications of the work to be so performed together with a construction statement containing a complete breakdown of the cost of all labor and material included therein, and together with an escrow of cash with Title Services, Inc. in an amount equal to the estimated cost of all such work, if it should exceed one thousand dollars ($1,000.00). TENANT agrees to obtain a building permit from the city for any initial improvement alterations exceeding fifty dollars ($50.00) in cost. TENANT agrees that all such work shall be done in a good, workmanlike manner, and in compliance with applicable building codes and all applicable laws, including, without limitation, the American Disabilities Act, that the structural integrity of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (impaired, and Landlordthat no liens shall attach to the Building or Leased Premises by reason thereof. No such alteration(s) shall change the office/finish area to storage/service area ration without LANDLORD's consent shall not be required if permission. The TENANT shall, before the cost expiration of the aforesaid type Lease, restore the Leased Premises to its original condition unless the LANDLORD elects that all of alteration is less than $15,000.00)part of the alterations may remain. Any such alterations, additions or improvements alterations shall become the property of LANDLORD as soon as they are affixed to the Demised Leased Premises consented to by Landlord and all right, title and interest therein of the TENANT shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant immediately cease unless otherwise stated in writing. The TENANT however, shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt remain the owner of a statement. All such alterations, additions and improvements (except for Tenant's any installed trade fixtures and computer and electronic equipment) shall become Landlord's property have the right to remove such trade fixtures at the expiration or earlier termination of this Lease Agreement, so long as the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises and/or Building is restored to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39original conditions.

Appears in 1 contract

Samples: Ringer Corp /Mn/

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", 8.01 (A) Tenant shall not makemake no decoration, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect in the structure Premises, without the prior written consent of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the BuildingLandlord, and is then only by contractors or mechanics and in full compliance such manner and time, and with all lawssuch materials, ordersas reasonably approved by Landlord (notwithstanding the foregoing, ordinanceshowever, directionsLandlord’s prior negative experience with, requirementsconcerns regarding the financial stability of, rules and regulations of all governmental authorities. Landlord's consent any criminal proceedings pending against, any such contractor or mechanic shall not be unreasonably withheld (and Landlord's consent shall not deemed to be required if the cost of the aforesaid type of alteration is less than $15,000.00a reasonable basis upon which for Landlord to refuse to grant its approval). Any such All alterations, additions or improvements to the Demised Premises consented to by Premises, including air-conditioning equipment and duct work, except movable office furniture and trade equipment installed at the expense of Tenant, shall, unless Landlord elects otherwise in writing, become the property of Landlord, and shall be made by Landlord surrendered with the Premises, at the expiration or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt sooner termination of a statementthe term of this Lease. All Any such alterations, additions and improvements (except for which Landlord shall designate, shall be removed by Tenant and any damage repaired, at Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property expense, prior to the expiration of this Lease, unless written request has been made by Tenant at the expiration or earlier termination time of Tenant’s request for Landlord’s approval of the Lease Term and shall remain on installation of such item(s) by means of the Demised Premises without compensation to Tenant unless following sentence in capital letters: TENANT REQUESTS THAT LANDLORD NOTIFY TENANT TOGETHER WITH LANDLORD’S CONSENT TO THE ENCLOSED TENANT'S PLANS WHETHER LANDLORD REQUIRES ANY ALTERATION SHOWN ON THE ENCLOSED PLANS TO BE REMOVED FROM THE PREMISES AT THE EXPIRATION OR SOONER TERMINATION OF THE TERM. IF LANDLORD SHALL FAIL TO RESPOND HERETO AT THE TIME OF LANDLORD’S CONSENT TO SUCH ALTERATION AND RESERVE SUCH RIGHT, THEN LANDLORD SHALL BE DEEMED TO HAVE WAIVED LANDLORD’S RIGHT TO REQUIRE SUCH ALTERATION TO BE REMOVED AT THE END OF THE TERM. Landlord elects by notice to Tenant in response thereto to relinquish Landlord's right thereto and to have Tenant remove such alterations, additions and improvementsthem removed by Tenant, in which eventcase, notwithstanding the item(s) shall be removed from the Premises by Tenant, and any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restoreresulting damage to the Premises or the Building repaired by Tenant, at its sole cost and Tenant's expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part expiration of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39Lease.

Appears in 1 contract

Samples: Lease (Fusion Telecommunications International Inc)

Alterations. Except for any initial improvement A. Tenant, following the delivery of the Demised Expansion Space by Landlord and the full and final execution and delivery of the Amendment to which this Exhibit is attached shall have the right to perform alterations and improvements in the Premises pursuant (the “Initial Alterations”). Notwithstanding the foregoing, Tenant and its contractors shall not have the right to EXHIBIT "D"perform Initial Alterations in any portion of the Premises unless and until Tenant has complied with all of the terms and conditions of Article IX of the Lease (with the exception of the construction management fee paid to Landlord which Landlord agrees to waive unless such service is provided as described below in paragraph B), which including, without limitation, approval by Landlord of the final plans for the Initial Alterations and the contractors to be retained by Tenant to perform such Initial Alterations. Tenant shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made any alterations, additions or improvements to or responsible for all elements of the Demised Premises design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s plans shall in no event relieve Tenant of the responsibility for such design. If Landlord fails to approve, disapprove or request modifications to Tenant’s final plans for the Initial Alterations or any part thereofmodifications thereto within 5 business days after Landlord’s receipt of all information needed by Landlord to properly review Such plans or modifications, then such plans or attach any fixtures or equipment theretomodifications, without first obtaining as applicable, shall be deemed approved by Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure Landlord’s approval of the Building, does not affect any of contractors to perform the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent Initial Alterations shall not be unreasonably withheld (withheld. Landlord hereby approves of the following contractors: Xxxx-Xxxxxxx, Cadence XxXxxx, Constructors and Xxxxxx Construction. So long as Tenant uses one of the aforementioned contractors, Landlord will not require that Tenant or the selected contractor obtain a payment and performance bond for the Initial Alterations. The parties agree that Landlord's consent ’s approval of a contractor not mentioned above to perform the Initial Alterations shall not be considered to be unreasonably withheld if any such general contractor (i) does not have trade references reasonably acceptable to Landlord, (ii) does not maintain insurance as required if pursuant to the terms of this Lease, (iii) does not have the ability to be bonded for the work in an amount of no less than 150% of the total estimated cost of the aforesaid type of alteration Initial Alterations, (iv) does not provide current financial statements reasonably acceptable to Landlord, or (v) is less than $15,000.00)not licensed as a contractor in the state/municipality in which the Premises is located. Any such alterations, additions or improvements Tenant acknowledges the foregoing is not intended to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination an exclusive list of the Lease Term and shall remain on the Demised Premises without compensation reasons why Landlord may reasonably withhold its consent to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39a general contractor.

Appears in 1 contract

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

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", (a) Tenant shall not make, suffer construct any improvements or permit to be made any alterations, additions or improvements to otherwise alter, change or improve the Premises in excess of Ten Thousand Dollars ($10,000) without Landlord’s prior written approval, and not until Landlord shall have first approved the plans and specifications therefor, which approvals shall not be unreasonably withheld. Landlord’s approval of the Demised Premises plans, specifications and working drawings for Tenant’s alterations shall create no responsibility or any liability on the part thereofof Landlord for their completeness, design sufficiency, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental agencies or authorities. All such approved alterations, or improvements shall be installed by Tenant at Tenant’s expense using a licensed contractor first approved by Landlord in compliance with the approved plans and specifications therefor and in strict accordance with all laws. All such construction shall be done in a good and workmanlike manner using new materials of good quality. As a condition to consenting to any leasehold improvement or alteration or change requested by Tenant, the cost of which may exceed Twenty-five Thousand Dollars ($25,000), Landlord shall have the right to require Tenant to post a completion bond in an amount and in a form satisfactory to Landlord's . In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the structural integrity of the Building or the roof membrane integrity of the Building. Tenant shall not commence construction of any alterations, additions, or improvements (whether or not Landlord’s consent to the improvements are required therefore) until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, and (iii) Tenant shall have given Landlord at least ten (10) days prior written notice of its intention to commence such construction. All alterations, additions and improvements constructed by Tenant shall remain the property of Tenant during the Lease Term but shall not be unreasonably withheld (and Landlord's consent shall not be required if damaged, altered, or removed from the cost Premises. At the expiration or sooner termination of the aforesaid type Lease Term, all alterations, additions, or improvements shall be surrendered to Landlord as a part of alteration is less than $15,000.00). Any the realty and shall then become Landlord’s property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that, notwithstanding the foregoing, Landlord may, at its option, require Tenant to remove any alterations, additions, or improvements in which case Tenant shall so remove such alterations, additions or improvements prior to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier sooner termination of the Lease Term Term, repair any damage to the Premises caused by such removal, and shall remain on restore the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its the condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord they were in at the time commencement of initial approval). See Special Stipulation No. 39this Lease.

Appears in 1 contract

Samples: Lease (1st Pacific Bancorp)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made make any alterations, additions or improvements to the Premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. If Landlord consents to Tenant's contractors doing the work, Landlord may require, at Landlord's sole option, that Tenant provide, at Tenant's expense, a lien and completion bond in an amount equal to one and one half (1-1/2) times any and all estimated costs of improvements, additions or alterations in the Premises to insure Landlord against any liability or mechanic's and materialmen's liens which may arise in accordance with Paragraph 23 of this Lease Agreement and to insure completion of the Demised Premises or any part thereof, or attach any fixtures or equipment theretowork. Tenant may, without first obtaining the consent of Landlord's written consent. With respect to any alteration, addition or improvement which does not affect but at its own cost and expense and in a good workmanlike manner, erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the structure basic character of the Building, does not affect any of building or improvements and without overloading or damaging the Building's systems (e.g., mechanical, electrical building or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Buildingimprovements, and is in full compliance each case complying with all applicable governmental laws, orders, ordinances, directionsregulations and other requirements. All alterations, requirementsadditions, rules improvements and regulations 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 governmental authorities. Landlord's consent shall not be unreasonably withheld (alterations, additions, improvements, and Landlord's consent shall not be required if partitions erected by Tenant and restore the cost Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the aforesaid type Premises; provided, however, that if Landlord so elects prior to termination of alteration is less than $15,000.00). Any this Lease or upon earlier vacating of the Premises, such alterations, additions additions, improvements, and partitions shall become the property of Landlord as of the date of termination of this Lease or improvements upon earlier vacating of the Premises and shall be delivered up to the Demised Premises consented Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to by Landlord the termination of this Lease if Tenant so elects, and shall be made removed by Landlord the date of termination of this Lease or under upon earlier vacating of the Premises if required by Landlord's supervision for Tenant's account and . Upon any such removal, Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statementrestore the Premises to their original condition. All such alterations, additions removals and improvements (except for Tenant's trade fixtures and computer and electronic equipment) restoration shall become Landlord's property at be accomplished in a good workmanlike manner so as not to damage the expiration primary structure or earlier termination structural qualities of the Lease Term building and shall remain other improvements situated on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39Premises.

Appears in 1 contract

Samples: Lease Agreement (Industrial Data Systems Corp)

Alterations. Except for any initial improvement of the Demised Premises by Landlord pursuant to EXHIBIT "D"the Approved Plans and Specifications as defined in Exhibit C, which shall be governed by the provisions of said EXHIBIT "D"Exhibit C and any improvements costing less than $20,000 and which do not affect the structure or systems of the Building, Tenant shall not make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00)withheld. Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account by a contractor approved by Tenant and Landlord and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overheadoverhead and services not to exceed five (5%) percent of the costs of such alterations), as RentRental, within ten (10) days after receipt of a statement. All The Tenant Improvements and all such alterations, additions and improvements (improvements, except for Tenant's trade fixtures computers and computer and electronic equipment) related equipment associated with the Data Center, shall become Landlord's property at the expiration or earlier termination of the Lease Term term hereof and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant at the time Landlord approves such alterations, additions or improvements to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 Paragraph 9 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.

Appears in 1 contract

Samples: Interland Inc /Mn/

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made make any alterations, additions or improvements to the Premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. If Landlord consents to Tenant's contractors doing the work, Landlord may require, at Landlord's sole option, that Tenant provide, at Tenant's expense, a lien and completion bond in an amount equal to 1-1/2 times any and all estimated costs of improvements, additions or alterations in the Premises to insure Landlord against any liability or mechanic's and materialmen's lien which may arise in accordance with Paragraph 23 of this Lease Agreement and to insure completion of the Demised Premises or any part thereof, or attach any fixtures or equipment theretowork. Tenant may, without first obtaining the consent of Landlord's written consent. With respect to any alteration, addition or improvement which does not affect but at its own cost and expense and in a good workmanlike manner, erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the structure basic character of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical Building or plumbing), does not diminish the capacity of improvements and without overloading or damaging such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Buildingimprovements, and is in full compliance each case complying with all applicable governmental laws, orders, ordinances, directionsregulations and other requirements. All alterations, requirementsadditions, rules improvements and regulations 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 governmental authorities. Landlord's consent shall not be unreasonably withheld (alterations, additions, improvements and Landlord's consent shall not be required if partitions erected by Tenant and restore the cost Premises to their original condition by the date of termination of this lease or upon earlier vacating of the aforesaid type Premises, provided, however, that, if Landlord so elects, prior to termination of alteration is less than $15,000.00). Any this lease or upon earlier vacating of the Premises, such alterations, additions additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or improvements upon earlier vacating of the Premises and shall be delivered up to the Demised Premises consented Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to by Landlord the termination of this lease, if Tenant so elects, and shall be made removed by Landlord the date of termination of this lease or under upon earlier vacating of the Premises if required by Landlord's supervision for Tenant's account and . Upon any such removal, Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statementrestore the Premises to their original condition. All such alterations, additions removals and improvements (except for Tenant's trade fixtures and computer and electronic equipment) restoration shall become Landlord's property at be accomplished in a good workmanlike manner so as not to damage the expiration primary structure or earlier termination structural qualities of the Lease Term Buildings and shall remain other improvements situated on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39Premises.

Appears in 1 contract

Samples: Lease Agreement (United Stationers Supply Co)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not makemake no alterations, suffer or permit to be made any alterationsdecorations, additions or improvements in or to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's prior written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is then only by contractors or mechanics approved by Landlord. All such work shall be done at such times and in such manner as Landlord may from time to time designate. Tenant covenants and agrees that all work done by or pursuant to the direction and instruction of Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, directions, requirements, rules regulations and regulations requirements of all governmental authorities. Landlord's consent shall not be unreasonably withheld (agencies, offices, departments, bureaus and Landlord's consent shall not be required if boards having jurisdiction, and in full compliance with the cost rules, orders, directions, regulations and requirements of the aforesaid type Insurance Service Office, and of alteration is less than $15,000.00)any similar body. Any Before commencing any work, Tenant shall give Landlord at least twenty-one (21) days written notice of the proposed commencement of such work and shall, if required by Landlord, secure at Tenant's own cost and expense, a completion and lien indemnity bond, satisfactory to Landlord, for said work. Landlord shall have the right at all times to post notices of non-responsibility on the Premises and record verified copies thereof in connection with all work of any kind upon the Premises., All alterations, decorations, additions or improvements upon the Premises, made by Tenant, including without limitation wall coverings, draperies, floor coverings, built-in cabinet work, paneling and the like (but excluding Tenant's trade fixtures, if any, equipment and furnishings) shall become the property of Landlord upon expiration or sooner termination of this Lease, and shall remain upon and be surrendered with the Premises as part thereof, except that Landlord may, by written notice to Tenant, given at lest thirty (30) days prior to the Demised Premises consented end of the term, require Tenant to remove all partitions, counters, railings and the like installed by Landlord shall be made by Landlord or under Landlord's supervision for pursuant to the direction and instruction of Tenant's account , and Tenant shall reimburse repair the Premises ** Any items of alteration submitted by Tenant and approved by Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt that require removal from premises upon expiration of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) lease shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified identified by Landlord at the time of initial approval). See Special Stipulation No. 39approval by Landlord.

Appears in 1 contract

Samples: Tickets Com Inc

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D"Tenant shall not, without Landlord's prior written consent, which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and withheld, make any alterations, improvements, additions or utility installations in, on or about the Premises or the Building without Landlord's consent prior written consent, which may be denied in the sole and absolute discretion of Landlord. As used in this Section 11.4, the term "utility installation" shall not be required if the cost mean power panels, electrical distribution, systems, lighting fixtures, space heaters, air-conditioning, computer lines, plumbing and fences. Landlord may require that Tenant remove any or all of the aforesaid type of alteration is less than $15,000.00). Any such alterations, improvements, additions or improvements utility installations at the expiration of the Terms of this Lease, and restore the Premises or the Building to their prior condition. Should Tenant make any alterations, improvements, additions or utility installments without the Demised prior approval of Landlord, Landlord may require that Tenant remove any or all of the same upon written demand and restore the Premises consented or the Building to by their prior condition. Any alterations, improvements, additions or utility installments in, or about the Premises or the Building that Tenant shall desire to make and which require the consent of the Landlord shall be made presented to Landlord in written form, with proposed detailed plans. Landlord may, as a condition of its consent, require Tenant to make revisions in and to the plans and to post a bond or other reasonably satisfactory to Landlord to insure the completion of such change. If Landlord shall give its consent, the consent shall be deemed conditioned upon Tenant, at Tenant's expense, acquiring a permit to do so from appropriate governmental agencies, the furnishing of a copy thereof to Landlord prior to the commencement of the work and the compliance by Landlord of all conditions of such permit in a prompt and expeditious manner. Landlord reserves the right to require its space planners, architects, engineers and contractors to perform all or under Landlord's supervision for a portion of the proposed alterations, improvements, additions and utility installations to the Premises, or the Building, at Tenant's account sole cost and expense. Tenant shall reimburse pay, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at or for use in the Premises, or the Building, which claims are or may be secured by any mechanic's lien against the Premises or the Building or any interest therein. Tenant shall give Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within nor less than ten (10) days after receipt days' notice prior to the commencement of a statementany work, and Landlord shall have the right to post notices of nonresponsibility as provided by law. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to If Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvementsshall, in which eventgood faith, notwithstanding contest the validity of any contrary provisions respecting such alterationslien, additions and improvements contained in Article 32 hereofclaim or demand, then Tenant shall promptly restoreshall, at its sole cost and expense, defend itself, Landlord, the Demised Premises and the Building, upon the condition that if Landlord shall require, Tenant shall furnish to Landlord a surety bond satisfactory to Landlord in an amount equal to such contested lien claim or demand indemnifying Landlord and Tenant against liability for the same and holding the Premises and the Building free from the effect of such lien or claim. In addition, Landlord may require Tenant to pay Landlord's attorney's fees and costs in participating in such action if Landlord shall decide it is to its condition prior best interest to do so. Unless Landlord requires the installation of such removal as set forth in this Section 11.4, all alterations, additions and improvements, normal wear additions, and tear excepted. Tenant utility installations shall under no circumstances become the property of Landlord and remain upon and be required to remove any alterations, additions and improvements which are part surrendered with the Premises at the expiration of the initial improvement Term. Notwithstanding the provisions of the Demised Premises this Section 11.4, Tenant's machinery and equipment, other than that which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.affixed

Appears in 1 contract

Samples: Lease Agreement (800 Travel Systems Inc)

Alterations. Except as provided for any initial improvement of the Demised Premises pursuant to in EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "DC", Tenant shall not make, suffer or permit to be made any make no other alterations, additions or improvements ("Tenant Changes") to or the Premises affecting the outside appearance of the Demised Premises or any other part of the Shopping Center, structural alterations of any kind, and/or alterations affecting basic plumbing, air conditioning, electrical or life safety systems shared with the Common Areas or other tenants' premises, if any, without Landlord's prior written consent which shall not unreasonably be withheld or delayed. Whenever Landlord's consent is required for Tenant Changes, accompanying Tenant's written request for same, Tenant shall provide to Landlord all plans and specifications related to such alterations. Whether or not Landlord's consent is required, upon completion of any Tenant Changes, Tenant shall provide to Landlord a copy of the as-built plans and specifications. Tenant acknowledges that Landlord's review of the plans is for the sole benefit of Landlord, and Landlord's approval does not constitute any representation by Landlord as to the compliance of such plans with any law or fitness of such alterations for a particular purpose or use. Tenant Changes (including, without limitation, any air conditioning equipment or devices installed in or upon the Premises) shall become the property of Landlord and shall be surrendered with the Premises, as a part thereof, at the end of the term or attach earlier termination hereof; except that Landlord may, by written notice to Tenant prior to the termination hereof or within sixty (60) days after termination for default, require Tenant to remove all Tenant Changes or such portion thereof as Landlord may designate, and to repair any fixtures or equipment theretodamage from such removal, all at Tenant's sole expense. Landlord may impose such restrictions and conditions it deems appropriate on the construction of Tenant Changes including, without first obtaining limitation, the types and amounts of insurance required to be carried by Tenant's general contractor for the benefit of Landlord and Tenant; and requiring Tenant to use contractors that are licensed and bondable; PROVIDED, however, that Tenant's selection of a general contractor shall not otherwise require Landlord's written consentapproval. With respect to any alteration, addition or improvement which does not affect Without limiting the structure generality of the Buildingforegoing, does Tenant hereby covenants that, before commencing any Tenant Changes and regardless of whether or not affect any Landlord's consent is first required, Tenant shall (i) give Landlord at least fifteen (15) business days' written notice of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity proposed commencement of such Building systems available work (to afford Landlord an opportunity to post appropriate notices of nonresponsibility); (ii) secure, at Tenant's sole cost and expense, a completion and lien indemnity bond, in an amount equal to the cost of such Tenant Changes, and in all other portions respects satisfactory to Landlord for such work, and (iii) furnish Landlord with properly executed certificates of insurance in accordance with Paragraph 16.2 evidencing the types and amounts of insurance coverage required to be carried by Tenant's general contractor for the benefit of the BuildingLandlord and Tenant. Tenant covenants and agrees that all alterations done by or pursuant to the direction of Tenant shall be performed expeditiously, is not visible from the common areas or exterior of the Buildingin a good and workmanlike manner, strictly in accordance with any plans and is specifications related to such alterations that were approved by Landlord, in full compliance with all laws, rules, orders, ordinances, directions, requirements, rules regulations and regulations requirements of all governmental authorities. Landlord's consent shall not be unreasonably withheld (agencies, offices, departments, bureaus and Landlord's consent shall not be required if boards having jurisdiction, in full compliance with the cost rules, orders, directions, regulations, and requirements of the aforesaid type Insurance Service Office or any similar body, and in a manner so as to minimize interference with pedestrian and vehicular traffic and other businesses in the Shopping Center. Tenant shall procure and maintain in full force and effect during the course of alteration is less than $15,000.00). Any such alterationswork, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for at Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, builder's risk insurance in an amount reasonably satisfactory to Landlord. The provisions of this Lease are intended fully to govern the Demised Premises to its condition prior rights and obligations of Landlord and Tenant as they relate to the installation of such alterationsneed for repairs to the Premises. Accordingly, additions Tenant waives and improvementsreleases any rights it may have to make repairs at Landlord's expense or to quit the Premises under Sections 1941, normal wear 1942(a), and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part 1932(1) of the initial improvement California Civil Code or under any similar any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises of the Demised Premises which do type allocated to Landlord by this paragraph, whether or not require for the account of Landlord, or to terminate this Lease because of Landlord's consentfailure to keep the Premises or the Shopping Center in good order, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39condition and repair.

Appears in 1 contract

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

Alterations. Except for Tenant shall make no changes in or to the demised premises of any initial improvement nature without Owner's prior written consent. Subject to the prior written consent of the Demised Premises pursuant Owner, and to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D"this article, Tenant shall not makeat Tenant's expense, suffer or permit to be made any may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to or the interior of the Demised Premises demised premises using contractors or mechanics first approved by Owner. Tenant shall, at its expense, before making any part thereofalterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approvals thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner. Tenant agrees to carry and will cause Tenant's contractors and sub7contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or attach any fixtures the building of which the same forms as part, for work claimed to have been done for, or equipment theretomaterials furnished to, without first obtaining Landlord's written consent. With respect Tenant, whether or not done pursuant to any alterationthis article, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to by Landlord same shall be made discharged by Landlord or under Landlord's supervision for Tenant within thirty days thereafter, at Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead)expense, as Rent, within ten (10) days after receipt of a statementby filing the bond required by law or otherwise. All such alterationsfixtures and all paneling, additions partitions, railings and improvements (except for like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant's trade fixtures and computer and electronic equipment) shall behalf, shall, upon installation, become Landlord's the property at the expiration or earlier termination of the Lease Term Owner and shall remain on upon and be surrendered with the Demised Premises without compensation to Tenant demised premises unless Landlord elects Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's right thereto and to have Tenant remove such alterations, additions and improvementsthem removed by Tenant, in which eventevent the same shall be removed from the demised premises by Tenant prior to the expiration of the lease, notwithstanding at Tenant's expense. Nothing in this Article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereoffrom the premises or upon removal of other installations as may be required by Owner, Tenant shall promptly restoreimmediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed, by Tenant at the end of the term remaining in the premises, or upon Tenant's vacating or removal prior thereto after Tenant's removal shall be deemed abandoned and may, at its sole cost and the election of Owner, either be retained as Owner's property or removed from the premises by Owner, at Tenant's expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.

Appears in 1 contract

Samples: First Modification of Lease Agreement (Opus360 Corp)

Alterations. Except Tenant shall not make alterations and additions to the Premises (including, without limitation, the Additional Land Areas as that term is defined in Section 8.27 below) except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld or delayed. However, Landlord's determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises shall be in Landlord's sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any initial improvement alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord's opinion might adversely affect any structural or exterior element of the Demised Buildings, any area or element outside of the Premises, or any facility or base building mechanical or electrical system serving any area of the Buildings outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Buildings or (c) will require unusual expense to readapt the Premises pursuant to EXHIBIT normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Buildings or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the Rentable Floor Area of the Premises, or (e) except with respect to the Tenant Improvement Work, are inconsistent, in Landlord's judgment, with alterations satisfying Landlord's standards for new alterations in the Buildings. Landlord's review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the Buildings and the other requirements of this Lease with respect to Tenant's insurance obligations (herein called "DInsurance Requirements") nor deemed a waiver of Tenant's obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, which design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be governed by acting as Landlord's agent in performing any work in the provisions Premises, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord's interest in the Property in connection with any such work. Within thirty (30) days after receipt of said EXHIBIT "D"an invoice from Landlord, Tenant shall pay to Landlord as a fee for Landlord's review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of: (i) $ 150.00 per hour for time spent by Landlord's in-house personnel, plus (ii) third party expenses incurred by Landlord to review Tenant's plans and Tenant's work (provided such third party expenses are reasonable and within market rates, and are accompanied by receipts and invoices). All alterations and additions shall be part of the Building unless and until Landlord shall timely specify the same for removal at the time Landlord approves of such alteration or additions under this Section 5.14 or under Section 3.2(B) above with respect to the Tenant Improvement Work (it being understood and agreed that the removal of any alterations or additions that do no require Landlord's approval shall be subject to the terms of Section 5.14.1 below). All of Tenant's alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and, except as otherwise expressly permitted under Article III above with respect to the Tenant Improvement Work, in such manner as to maintain harmonious labor relations and not maketo damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, suffer except for installation of furnishings, shall be performed by Landlord's general contractor or permit by contractors or workers first approved by Landlord, which approval will not be unreasonably withheld, conditioned or delayed. Except for work by Landlord's general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be made furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material (it being understood and agreed that no such security shall be required to be posted for contracts of less than $50,000.00); and cause each contractor to carry worker's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and commercial general liability insurance or comprehensive general liability insurance with a broad form comprehensive liability endorsement with such limits as Landlord may reasonably require, but in no event less than $2,000,000.00 combined single limit per occurrence on a per location basis (all such insurance to be written in companies approved by Landlord and naming and insuring Landlord and Landlord's managing agent as additional insureds and insuring Tenant as well as the contractors), and to deliver to Landlord certificates of all such insurance. Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and a set of schematic plans, in both print and electronic forms, promptly after any wiring or cabling for Tenant's computer, telephone and other communications systems is installed by Tenant or Tenant's contractor; provided, however, that if the work is not of a nature where as-built plans would customarily be prepared, Tenant shall only be required to prepare and submit the type of plans that would customarily be prepared in connection with such work. Without limiting any of Tenant's obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the Building that are required in order to comply with Legal Requirements as a result of any work performed by Tenant (expressly including the Tenant Improvement Work being performed by Tenant under Article III above). Landlord shall have the right to provide such rules and regulations relative to the performance of any alterations, additions, improvements and installations by Tenant hereunder and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services (a copy of Landlord's current rules and regulations for construction being attached hereto as Exhibit F-2). Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the Buildings or the Site and promptly (in no event to exceed thirty (30) days) to discharge any such liens which may so attach. Tenant shall pay, as Additional Rent, 100% of any real estate taxes on the Complex which shall, at any time after commencement of the Demised Premises or any part thereofTerm, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to result from any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to made by Tenant. Tenant acknowledges and agrees that Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead)the owner of any additions, as Rent, within ten (10) days after receipt of a statement. All such alterations, additions alterations and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at in the expiration Premises or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior Buildings to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require extent paid for by Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.

Appears in 1 contract

Samples: Agreement (Irobot Corp)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D"as otherwise provided herein, which shall be governed by the provisions of said EXHIBIT "D", Tenant Lessee shall not make, suffer or permit to be made make any alterations, additions or improvements to or of the Demised Premises or any part thereofadditions, or attach other changes to the Leased Premises without Lessor's prior written consent. However, Lessee may, without obtaining Lessor's prior written consent, make minor alterations, additions, and changes to the improvements required by SEC. 5:1.A hereof to be constructed by Lessee on the Leased Premises but only if: (1) such alterations, additions, and changes are accomplished in a good and workmanlike manner at Lessee's sole expense and in accordance with all applicable federal, state, and local laws, regulations, ordinances, and other promulgations; and (2) such alterations, additions, and changes do not impair the value, structural integrity, or soundness of such improvements. However, notwithstanding anything contained herein to the contrary, Lessee shall not have the right to demolish or remove any fixtures or equipment thereto, improvements at any time located on the Leased Premises without first obtaining Landlord's the prior written consentconsent of Lessor. With respect Title to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account additions, and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property changes will immediately vest in Lessor at the expiration or earlier termination end of the final day of the Lease Term or sooner termination of this Lease and will remain as part of the Leased Premises. Lessee shall remain not, however, remove any alterations, additions, or changes from the Leased Premises nor waste, destroy, or modify any alterations, additions, or changes on the Demised Leased Premises once completed. The parties covenant for themselves and all persons claiming under them that the alterations, additions, and changes made by Lessee are real property. All alterations, additions, and changes on the Leased Premises at the expiration of the Lease Term or sooner termination of this Lease shall, without compensation to Tenant unless Landlord elects Lessee, then become Lessor's property free and clear of all claims to or against them by notice to Tenant Lessee or any third person, and Lessee shall defend and indemnify Lessor against all liabilities and loss resulting from such claims or from Lessor's exercise of the rights conferred by this paragraph. However, Lessor may elect to have Tenant Lessee remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation or all of such alterations, additions additions, and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any changes in which event such alterations, additions additions, and improvements which changes are part to be completely removed by Lessee (without damage to the Leased Premises) by the end of the initial improvement Lease Term. Lessee shall promptly pay for all work done or materials furnished in connection with the making of the Demised Premises which do not require Landlord's consentany such alterations, additions, or which are made with Landlord's consent (unless other changes to the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39Leased Premises.

Appears in 1 contract

Samples: Ground Lease (Independent Research Agency for Life Insurance Inc)

Alterations. Except (A) Tenant shall not make alterations and additions to Tenant’s Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld. However, Landlord’s determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises shall be in Landlord’s sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any initial improvement alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord’s opinion might adversely affect any structural or exterior element of the Demised Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises pursuant to EXHIBIT "D"normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, which (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent, in Landlord’s judgment, with alterations satisfying Landlord’s standards for new alterations in the Building. Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be governed deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the provisions Building and the other requirements of said EXHIBIT "D"this Lease with respect to Tenant’s insurance obligations (herein called “Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be acting as Landlord’s agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with any work. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but not makeincluding any review of plans or work relating to any assignment or subletting), suffer as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour beyond the first four (4) hours for which there shall be no charge), plus (ii) third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. All alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or permit Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord’s general contractor or by contractors or workers first approved by Landlord. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be made furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the Building that are required in order to comply with Legal Requirements as a result of any work performed by Tenant. Landlord shall have the right to provide such rules and regulations relative to the performance of any alterations, additions, improvements and installations by Tenant hereunder and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the Buildings or the Site and immediately to discharge any such liens which may so attach. Tenant shall pay, as Additional Rent, 100% of any real estate taxes on the Complex which shall, at any time after commencement of the Demised Premises or any part thereofTerm, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to result from any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to made by Tenant. Tenant acknowledges and agrees that Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead)the owner of any additions, as Rent, within ten (10) days after receipt of a statement. All such alterations, additions alterations and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at in the expiration Premises or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior Building to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require extent paid for by Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.

Appears in 1 contract

Samples: Hayden Avenue (Dicerna Pharmaceuticals Inc)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer make or permit to be made allow any alterations, additions additions, or improvements to or of the Demised Premises or any part thereofof the Premises (“Alterations”), without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed, subject to all the terms and conditions of this Lease. Landlord may in its discretion withhold or condition approval of Alterations that affect the building systems or structure of the Building. Subject to the requirements of the Rules and Regulations attached as Exhibit D and the Tenant Construction Standards and Requirements attached as Schedule 1 to the Rules and Regulations, no Landlord consent shall be required for Tenant’s installation of furnishings, fixtures, equipment, or attach any fixtures decorative improvements, none of which shall either (a) cost more than Five Thousand Dollars ($5,000.00) in the aggregate, or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition (b) affect Building systems or improvement which does not affect the structure of the Building, does not affect any and the repainting or recarpeting of the Building's systems Premises, provided that Tenant provide Landlord seven (e.g., mechanical, electrical or plumbing), does not diminish 7) days notice prior to commencing such work. If and to the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or extent that any Alterations require improvements to the Demised Premises consented or to by Landlord the Building to comply with applicable Legal Requirement (“Compliance Improvements”), if Tenant elects to undertake such Alterations, Tenant shall be made by Landlord or under Landlord's supervision responsible for Tenant's account and Tenant shall reimburse Landlord for the payment of the costs of all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statementsuch Compliance Improvements. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) Alterations shall immediately become Landlord's ’s property and, at the expiration or earlier termination end of the Lease Term and Term, shall remain on the Demised Premises without compensation to Tenant Tenant, unless Landlord elects by notice to Tenant at the time of installation to have Tenant remove such alterations, additions any Alterations that are peculiar to Tenant’s use of the Premises and improvements, in which are not normally required or used by other tenants. In this event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole bear the cost and expense, of restoring the Demised Premises to its their condition prior to the installation installment of such alterations, additions the Alterations. All Alterations shall comply with the requirements of the Rules and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements Regulations which are part of Exhibit D and the initial improvement of Tenant Construction Standards and Requirements which is Schedule 1 to the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39Rules and Regulations.

Appears in 1 contract

Samples: Office Lease (Java Detour Inc.)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT Exhibit "D", which shall be governed by the provisions of said EXHIBIT Exhibit "D", Tenant shall not make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. , Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00)withheld. Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.

Appears in 1 contract

Samples: Lease Agreement (Tenera Inc)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT Exhibit "D", which shall be governed by the provisions of said EXHIBIT Exhibit "D", Tenant shall not make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and withheld, conditioned or delayed; provided that Landlord's consent shall not be required if the for interior, non-structural alterations which cost of the aforesaid type of alteration is less than $15,000.005,000.00 and which do not materially affect building systems (changes to electrical, mechanical or life safety systems shall be deemed to materially affect building systems). Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall shall, at Landlord's option, be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten fifteen (1015) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant when Landlord's consent thereto is given, to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 Section 12.02 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under have no circumstances be required obligation to remove any alterations, additions and initial improvements which are part of to the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39pursuant to Exhibit "D".

Appears in 1 contract

Samples: Lease Agreement (Atherogenics Inc)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made make any alterations, additions or improvements to or the Premises (including but not limited to roof and wall penetrations) without the prior written consent of the Demised Premises or any part thereofLandlord, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect not to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if withheld, conditioned or delayed. In the cost event Landlord consents to the making of the aforesaid type of alteration is less than $15,000.00). Any any such alterations, additions or improvements to by Tenant, the Demised Premises consented to by Landlord same shall be made by Landlord or under Landlord's supervision for Tenant, at Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all reasonable requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord, such consent not to be unreasonably withheld, conditioned or delayed. Tenant may, without the Demised consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to its their original condition by the date of termination of this lease or upon earlier vacating of the Premises, reasonable wear and tear excepted; provided, however, that if Landlord so elects in writing prior to termination of this lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions (but not Tenant's trade fixtures) shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises Notwithstanding the foregoing sentence, all shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the installation termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the Premises if required by Landlord. Upon any such alterations, additions and improvementsremoval Tenant shall restore the Premises to their original condition, normal wear and tear excepted. Tenant All such removals and restoration shall under no circumstances be required accomplished in a good workmanlike manner so as not to remove any alterations, additions and improvements which are part damage the primary structure or structural qualities of the initial improvement of building and other improvements situated on the Demised Premises which do not require Landlord's consentPremises. (See Additional Provisions, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.Section 8)

Appears in 1 contract

Samples: Lease Agreement (Homegrocer Com Inc)

Alterations. Except for “Alterations” shall mean any initial alteration, addition, or improvement in or on or to the Premises of any kind or nature, including any improvements made before Tenant’s occupancy of the Demised Premises pursuant to EXHIBIT "D"Premises. Tenant shall make no Alterations without the prior written consent of Landlord, which consent may be withheld or conditioned in Landlord’s sole discretion. However, Landlord will not unreasonably withhold or delay consent to non-structural interior Alterations, provided that they do not involve demolition of improvements, affect utility services or Building systems, are not visible from outside the Premises, do not affect Landlord’s insurance coverages for the Project, and do not require other alterations, additions, or improvements to areas outside the Premises. Tenant shall be governed reimburse Landlord, on demand, for the actual out-of-pocket costs for the services of any third party employed by Landlord to review or prepare any Alteration-related plan or other document for which Landlord’s consent or approval is required. Landlord, or its agent or contractor, may supervise the provisions performance of said EXHIBIT "D"any Alterations, and, if so, Tenant shall not make, suffer or permit pay to be made any alterations, additions or improvements Landlord an amount equal to or 5% of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type work, as a supervisory fee. Except as expressly set forth in this Lease, Landlord has made no representation or promise as to the condition of alteration is less than $15,000.00). Any such the Premises, Landlord shall not perform any alterations, additions additions, or improvements to make the Demised Premises consented to suitable and ready for occupancy and use by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account , and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination accept possession of the Lease Term and shall remain Premises in its then “as-is”, “where-is” condition, without representation or warranty of any kind by Landlord. Except for work to be performed by Landlord, before any Alterations are undertaken by or on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereofbehalf of Tenant, Tenant shall promptly restoreobtain Landlord’s approval of all contractors performing such Alterations, and shall deliver to Landlord any governmental permit required for the Alterations and shall require any contractor performing work on the Premises to obtain and maintain, at its sole no expense to Landlord, workers’ compensation and employer’s liability insurance, builder’s risk insurance in the amount of the replacement cost of the applicable Alterations (or such other amount reasonably required by Landlord), commercial general liability insurance, written on an occurrence basis with minimum limits of $2 million per occurrence limit, $2 million general aggregate limit, $2 million personal and expenseadvertising limit, and $2 million products/completed operations limit (including contractual liability, broad form property damage and contractor’s protective liability coverage); commercial automobile liability insurance, on an occurrence basis on the Demised Premises to its condition prior then most current ISO form, including coverage for owned, non-owned, leased, and hired automobiles, in the minimum amount of $1 million combined single limit for bodily injury and property damage; and excess liability insurance in the minimum amount of $5 million. Contractor’s insurance shall contain an endorsement insuring the Landlord Parties as additional insureds and shall be primary and non-contributory over any other coverage available to the installation Landlord. The Contractor’s insurance shall also comply with the requirement of such alterations, additions and improvements, normal wear and tear exceptedthe Insurance article. All Alterations by Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made also comply with Landlord's consent (unless ’s rules and requirements for contractors performing work in the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39Building.

Appears in 1 contract

Samples: Office Lease (PASSUR Aerospace, Inc.)

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

Appears in 1 contract

Samples: Lease Agreement (Comfort Systems Usa Inc)

Alterations. (a) Except as set forth on Exhibit E to this Lease wherein Landlord conceptually agrees to such alterations subjects to Landlord’s approval of plans and specifications for any initial improvement of the Demised Premises pursuant same which to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D"date have not been delivered to Landlord, Tenant shall not makenot, suffer or permit to be made without Landlord's prior written approval, make any alterations, additions or improvements to the Premises, whether interior or exterior, including without limitation the installation of lighting fixtures, space heaters, air conditioning, electrical equipment, power panels, plumbing, ducts, carpeting or window coverings (collectively, "Alterations"), provided that Tenant may install such trade fixtures as are reasonably appropriate if (i) such items do not alter the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure basic character of the Building, does not affect any of ; or overload or damage the Building's systems same; (e.g., mechanical, electrical or plumbing), does not diminish ii) such items may be removed without injury to the capacity of such Building systems available to other portions of Premises; and (iii) the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements are made in compliance with all Requirements, as herein defined and with Landlord's specifications and requirements. Landlord shall respond to such request within thirty (30) calendar days after Landlord’s receipt of all of the requirements set froth herein and Landlord shall not unreasonably withhold its consent to any Alterations which (i) such items do not alter the basic character of the Building; or overload or damage the same; (ii) such items may be removed without injury to the Demised Premises consented Premises; (iii) do not affect the structure or building systems, (iv) Tenant provides Landlord with a performance bond in favor of Landlord to by Landlord shall be made by Landlord or under Landlord's supervision guaranty the full payment for Tenant's account such Alterations and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10v) days after receipt of a statement. All such the alterations, additions or improvements are made in compliance with all Requirements, as herein defined and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become with Landlord's property specifications and requirements. Landlord may require that Tenant remove any or all Alterations in a good and workmanlike manner so as not to cause any damage to the Premises and/or Building at the expiration or earlier termination of this Lease and that Tenant restore the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of the Alteration. Unless Landlord requires their removal, all Alterations shall become the property of Landlord and remain upon the Premises at the expiration or sooner termination of this Lease. Landlord’s consent to any such alterationsAlteration shall not be construed to mean that such Alterations are in compliance with all Requirements, additions and improvementsas herein defined. If Tenant makes any Alterations without the prior written approval of Landlord, normal wear and tear exceptedLandlord may require that Tenant remove any or all of the same at any time. Prior to Tenant making final payment to contractors, Tenant shall under no circumstances be required deliver to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.:

Appears in 1 contract

Samples: Commercial Lease Agreement (Bioveris Corp)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made make any alterations, additions or improvements to or the premises without the prior written consent of Landlord. Tenant at its own cost and expense, may erect such shelves, bins, furniture, machinery, liquid nitrogen piping and associated equipment (including a tank and compressor outside the Building), alternate fire suppression system and other trade fixtures as it desires, provided that (i) such items do not alter the basic character of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does (ii) such items do not affect overload or damage the Building or any of Building systems, (iii) such items may be removed without injury to the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the BuildingPremises, and is in full compliance (iv) the construction, erection or installation thereof complies with all applicable governmental laws, orders, ordinances, directions, regulations and with Landlord's specifications and requirements, rules and regulations . Tenant shall be responsible for the compliance of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such its alterations, additions and improvements to the Premises with the Americans With Disabilities Act of 1990 and the Texas Architectural Barriers Act. Except for removable furniture, fixtures and equipment, raised computer floor(s), cubical furniture, liquid nitrogen piping and associated equipment (except for Tenant's including outside tank and compressor), alternate fire suppression system and de-mountable interior wall panels, all alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Landlord immediately upon installation. All shelves, bins, furniture, machinery, liquid nitrogen piping and associated equipment (including exterior tank and compressor), raised computer floor(s), cubical furniture, alternate fire suppression system(s) and removable trade fixtures installed by Tenant shall be the Property of Tenant and computer and electronic equipment) shall become Landlord's property at be removed by Tenant on or before the expiration or earlier termination to occur of the day of termination or expiration of this Lease Term and shall remain on or vacating the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterationsPremises, additions and improvements, in at which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, time Tenant shall promptly restore, at its sole cost and expense, restore the Demised Premises to its the condition prior to which existed as of the installation completion of such alterationsthe Interior Improvements [specifically excluding liquid nitrogen piping and associated equipment (including exterior tank and compressor) and alternate fire suppression system(s)], additions and improvements, normal reasonable wear and tear excepted. Tenant shall under no circumstances be required to remove any All alterations, additions installations, removals and improvements which are part restorations shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the initial improvement Building or other improvements situated on the Premises or of which the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39a part.

Appears in 1 contract

Samples: Lease Agreement (Silicon Laboratories Inc)

Alterations. Except for any initial improvement After completion of the Demised Premises pursuant Building, Lessor will have no obligation to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", do any redecorating or remodeling or to make any repairs or alterations. Tenant shall will not make, suffer or permit to be made make any alterations, additions or improvements in or to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is exceed $5,000 in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any each instance so long as such alterations, additions or improvements do not adversely affect the Building structure or electrical or mechanical systems of the Building and do not affect the value of the Building, without first obtaining the written consent of Lessor. Tenant will get Lessor's prior written approval of any contractor or subcontractor who is to perform work on the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for at Tenant's account and request. Lessor may require Tenant shall reimburse Landlord for all costs thereof (including to post a reasonable charge for Landlordbond, cash or other security to protect the Premises from mechanic's overhead), as Rent, within ten (10) days after receipt of a statementliens. All alterations by Tenant will be constructed with new materials, in a good and workmanlike manner, and in compliance with the plans and specifications approved by Lessor and all applicable laws, ordinances, rules, orders, regulations, or other requirements of governmental authorities. Tenant will pay for any labor, services, materials, supplies or equipment furnished or alleged to have been furnished to Tenant in or about the Premises, and will pay and discharge any mechanic's, materialmen's or other lien against the Premises resulting from Tenant's failure to make such payment, or will contest the lien and deposit with Lessor cash equal to 150% of the amount of the lien. If the lien is reduced to final judgment, Tenant will discharge the judgment and Lessor will return the cash deposited by Tenant. Lessor may post notices of nonresponsibility on the Premises as provided by law. All alterations, additions and improvements (except for to the Premises made at Lessor's or Tenant's expense, except movable office furniture and Tenant's movable trade fixtures and computer equipment, will become the property of Lessor upon installation and electronic equipment) shall become Landlord's property at will be surrendered with the expiration or earlier Premises upon termination of the this Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord Lessor elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, otherwise in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39writing.

Appears in 1 contract

Samples: Lease (Videolabs Inc)

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

Appears in 1 contract

Samples: Basic Lease Information (Gargoyles Inc)

Alterations. Except for any initial improvement All alterations, additions, improvements, and partitions erected by Lessee shall be and remain the property of lessee during the term of this Lease and shall become the property of Lessor as of the Demised Premises pursuant date of termination of this Lease, or upon earlier vacating of the Premises, and title shall pass to EXHIBIT "D"Lessor under this Lease as by a bill of sale. Provided Lessee is not in default or otherwise ixxxxted to Lessor, which all shelves, bins, equipment and trade fixtures installed by Lessee may be removed by the Lessee prior to the termination of this Lease, if the Lessee so elects, and shall be governed removed by the provisions date of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term or upon earlier vacating of the Premises if required by Lessor. Upon any such removal Lessee shall restore the Premises to its original condition, ordinary wear and tear excepted. All such removals and restorations shall remain on be accomplished in a good workman like manner so as not to damage the Demised primary structure, xxxx xx structural qualities of the building and other improvements within which the Premises without compensation are situated. In no event shall Lessor be required to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such (i) compensate Lessee for alterations, additions additions, improvements or partitions erected by Lessee on or within the Premises, or (ii) compensate Lessee for shelves, bins, equipment and improvementstrade fixtures installed by Lessee on or within the Premises and which are not removed by Lessee at Lease termination or early vacation or the Premises by Lessee. THIRTY-EIGHTH: Expansion Option. Providing Lessee has been a Lessee in good standing under this lease for a minimum of three (3) lease years, if Lessee needs to expand its lease space to 18,850 square feet or more, Lessor shall make its best reasonable effort to accommodate this expansion either in the Building in which eventthe premises are located or another building owned by Lessor at the Miramar Park of Commerce at a mutually acceptable rental rate. Provided there are no defaults under this lease or the Lease with Lessor for the expansion space, notwithstanding Lessor and Lessee agree this Lease shall terminate on such date as Lessee takes possession of the expansion space. Lessee shall incur no penalty for said cancellation. It is mutually understood by Lessee and Lessor that Lessee's financial condition may affect Lessor's ability to accommodate Lessee's expansion and Lessee's subleasing space, assuming the lease obligations from another lessee, and/or leasing space from any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant entity other than Lessor shall promptly restorenot qualify as an expansion for the purposes of this Paragraph. THIRTY-NINTH: Emergency Generator. Lessee may install, at its sole cost and expense, up to a 250 kw, generator with a skid-mounted (or sub-mounted) fuel tank in the Demised Premises truckyard of the Premises. In the event it is required by code, Lessee also may install, at its sole cost and expense, a generator pad to its condition prior support the generator. All costs associated with the operation, installation (including but not limited to the cost of installing automatic transfer switch, fencing and bollards) and maintenance of the generator and generator pad shall be paid for solely by Lessee, including but not limited to any modifications or additions to the landscaping, irrigation and/or paving. The generator, installation method and location and all accommodations and other work related thereto shall be subject to Lessor's prior written approval, said approval not to be unreasonably withheld or delayed and said approval to take into account the aesthetics of such alterationsequipment. During the term of this Lease, additions Lessee agrees to take all reasonable actions to minimize the visibility, aesthetic impact and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required disturbance to remove any alterations, additions and improvements which are part other users of the initial improvement Miramar Park of Commerce caused by the generator. Reasonable actions shall include, but not be limited to maintaining good condition of the Demised Premises which do not require Landlordgenerator. Lessee shall be solely responsible, at Lessor's consentrequest, or which are made with Landlord's consent (unless for removing the removal requirement is specified by Landlord generator at the time expiration of initial approval). See Special Stipulation No. 39this Lease and making any necessary and reasonable repairs and restorations so as to leave the property in good condition.

Appears in 1 contract

Samples: National Medical Health Card Systems Inc

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not makemake no alterations, suffer or permit to be made any alterationsdecorations, additions or improvements in or to the Premises costing in excess of $25,000 or which directly affects the Building Exterior without Landlord’s prior written consent, which consent shall not be unreasonably, and then only by contractors or mechanics approved by Landlord which approval shall not be unreasonably withheld. Tenant agrees that there shall be no construction of partitions or other obstructions which might interfere with Landlord’s free access to mechanical installations or service facilities without Landlord consent which shall not be unreasonably withheld of the Building or interfere with the moving of Landlord’s equipment to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas enclosures containing said installations or exterior of the Building, facilities. All such work shall be done as such reasonable times and is in such manner as Landlord may from time to time shall reasonably designate. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, directions, requirements, rules regulations and regulations requirements of all governmental authoritiesagencies, offices, departments, bureaus and boards having jurisdiction. Before commencing any work, Tenant shall give Landlord at least fifteen (15) days written notice of the proposed commencement of such work, satisfactory to Landlord's consent , for said work. All alterations, decorations, additions or improvements upon the Premises, made by either party, including (without limiting the generality of the foregoing) all wallcovering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise, becomes the INITIAL HERE INITIAL HERE /s/ Illegible /s/ Illegible property of Landlord, and shall not remain upon, and be unreasonably withheld surrendered with the Premises, as a part thereof, at the end of the Term, except that Landlord may, by written notice to Tenant, given at least thirty (30) days prior to the end of the Term, require Tenant to remove all partitions excluding floor to ceiling counters railings and Landlord's consent the like installed by Tenant, and Tenant shall repair any damage to the Premises arising from such removal. Notwithstanding the above, Tenant shall not be required if to repaint or replace the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions floor or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval)wall coverings. See Special Stipulation NoAddendum sect. 39.63 & 64

Appears in 1 contract

Samples: Office Lease (Placer Sierra Bancshares)

Alterations. Except as provided for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D"herein, Tenant shall not make, suffer or permit to be made make any alterations, additions or improvements to or the Premises (including but not limited to roof and wall penetrations) without the prior written consent of the Demised Premises or any part thereofLandlord, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect not to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if or delayed. In the cost event Landlord consents to the making of the aforesaid type of alteration is less than $15,000.00). Any any such alterations, additions or improvements to by Tenant, the Demised Premises consented to by Landlord same shall be made by Landlord or under Landlord's supervision for Tenant, at Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the Demised same and all subcontractors must first be approved in writing by Landlord. Landlord, for Tenant's benefit, will bid the plans and specifications for any alterations among three (3) qualified contractors. Tenant shall approve any awardee for any alteration and Tenant shall fully reimburse Landlord for the entire cost thereof within twenty (20) days after written notification of Tenant by Landlord providing Tenant with an invoice or other request (or statement). Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to its their original condition by the date of termination of this lease or upon earlier vacating of the Premises, reasonable wear and tear excepted; provided, however, that if Landlord so elects in writing prior to termination of this lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. Notwithstanding the foregoing sentence, all shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the installation termination of such alterationsthis lease if Tenant so elects, additions and improvements, normal shall be removed by the date of termination of this lease or upon earlier vacating of the Premises if required by Landlord reasonable wear and tear excepted. Upon any such removal Tenant shall under no circumstances restore the Premises to their original condition. All such removals and restoration shall be required accomplished in a good workmanlike manner so as not to remove any alterations, additions and improvements which are part damage the primary structure or structural qualities of the initial improvement of building and other improvements situated on the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39Premises.

Appears in 1 contract

Samples: Lease Agreement (Contour Medical Inc)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made make any alterations, additions or improvements to or the Premises without the prior written consent of Landlord. Tenant, at is own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that: (i) such items do not alter the basic character of the Demised Premises or any part thereofthe Building and/or improvements of which the Premises are a part; (ii) such items do not overload or damage the Premises, the Building or attach any fixtures such improvements; (iii) such items may be removed without injury to the Premises; and (iv) the construction, erection or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance installation thereof complies with all applicable governmental laws, orders, ordinances, directionsregulations and with Landlord’s specifications and requirements. All alterations, requirementsadditions, rules improvements and regulations partitions erected by Tenant shall be and remain the property of all governmental authoritiesTenant during the Term of this Lease. Landlord's consent All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating of the Premises by Tenant, at which time Tenant shall restore the Premises to their original condition except for reasonable wear and tear. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structure qualities of the Building and other improvements situated on the Premises or of which the Premises are a part. Notwithstanding anything to the contrary contained herein, it is agreed that the use of and access to the roof of the Building is expressly reserved to Landlord and is expressly denied to Tenant. Tenant shall not be unreasonably withheld (and Landlord's consent shall not be required if penetrate the cost roof of the aforesaid type of alteration is less than $15,000.00). Any such Building in any manner, nor install or construct any alterations, additions or improvements to thereon, nor otherwise use or occupy the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property roof at any time during the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.

Appears in 1 contract

Samples: Lease Agreement (Thermadyne Holdings Corp /De)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made any may make alterations, additions or improvements to or the Premises, including any Tenant Work identified on attached Exhibit C (the “Alterations”), only with the prior written consent of Landlord, which, with respect to Alterations not affecting the structural components of the Demised Premises or any part thereofutility systems therein, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld withheld, conditioned, or delayed. Landlord shall have thirty (30) days in which to respond to Tenant's request for any Alterations so long as such request includes the name of Tenant's contractors and reasonably detailed plans and specifications therefor. The term “Alterations” shall not include the installation of shelves, movable partitions, Tenant's equipment, and trade fixtures that may be performed without damaging existing improvements or the structural integrity of the Premises, the Building, or the Property, and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and installation or removal of those items. Tenant shall reimburse Landlord for perform all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for work at Tenant's trade fixtures expense and computer in compliance with all applicable laws and electronic equipmentshall complete all Alterations in accordance with plans and specifications approved by Landlord, using contractors approved by Landlord, and in a manner so as not to unreasonably interfere with other tenants. Tenant shall pay, when due, or furnish a bond for payment (as set forth in Section 20) all claims for labor or materials furnished to or for Tenant at or for use in the Premises, which claims are or may be secured by any mechanics' or materialmens' liens against the Premises or the Property or any interest therein. Tenant shall remove all Alterations at the end of the Lease term unless Landlord conditioned its consent upon Tenant leaving a specified Alteration at the Premises, in which case Tenant shall not remove such Alteration, and it shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear exceptedproperty. Tenant shall under no circumstances be required immediately repair any damage to remove any alterations, additions and improvements which are part the Premises caused by removal of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39Alterations.

Appears in 1 contract

Samples: Lease Agreement

Alterations. Except for any initial improvement of non-structural additions or alterations which do not cost more than $50,000.00 in the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D"aggregate, Tenant shall not make, suffer make or permit allow to be made any alterations, additions installations, additions, or improvements in or to or of the Demised Premises or install any part thereof, equipment or attach any fixtures or machinery (other than standard office equipment theretoand unattached personal property), without first obtaining Landlord's prior written consent. With respect to any alteration, addition or improvement consent (which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld or delayed). Should Tenant desire to perform any alterations, Tenant shall submit plans and specifications for same to Landlord for Landlord's written approval before beginning such work. Upon receipt by Tenant of the written approval of Landlord of such plans and specifications, and upon payment by Tenant to Landlord of the reasonable fees (not to exceed $500.00) incurred by Landlord to have such plans and specifications reviewed, Tenant may proceed to make such approved alterations so long as they are in compliance with such approved plans and specifications and are performed by a contractor approved by Landlord. Any and all such alterations, physical additions or improvements, including those improvements made at the Tenant's expense or under any agreement with the Tenant whereby the Tenant is given an allowance or rent reduction in exchange for Tenant's agreement to install or allow to be installed lease improvements, such as by way of example, but not limitation, wall coverings, floor coverings or carpet, paneling, doors, cabinets, appliances (such as built-in refrigerators and dishwashers) and hardware, shall become the property of Landlord at the expiration or termination of this Lease or the termination of Tenant's right to possession of the Premises and shall in no event be removed by Tenant; provided, however, that Landlord may require Tenant, at Tenant's cost, to remove any or all of such items upon the expiration or termination of this Lease or the termination of Tenant's right to possession of the Premises and, at Tenant's expense, repair any damage caused by such removal. All installations shall be at Tenant's sole cost and expense. Without in any way limiting Landlord's consent rights, Landlord shall not be required to give its consent until (a) Landlord approves the contractor or person making such and approves such contractor's insurance coverage to be provided in connection with the work, (b) Landlord approves final and complete plans and specifications for the work and (c) the appropriate governmental agency, if any, has approved the plans and specifications for such work. All work performed by Tenant or its contractor relating to the installations shall conform to applicable governmental laws, rules and regulations, including, without limitation, the Disability Acts. Upon completion of the installations, Tenant shall deliver to Landlord "as built" plans. If Landlord performs such installations, Tenant shall pay Landlord, as additional Rent, the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof plus fifteen percent (including a reasonable charge 15%) as reimbursement for Landlord's overhead), as Rent, . Each payment shall be made to Landlord within ten twenty (1020) days after receipt of a statementan invoice from Landlord. All work performed by Tenant with respect to the Premises shall (a) be performed so as not to alter the exterior appearance of the Building, (b) be performed so as not to adversely affect the structure or safety of the Building, (c) comply with all building, safety, fire, and other codes and governmental and insurance requirements, (d) be performed so as not to result in any usage in excess of Building Standard quantities of water, electricity, gas, heating, ventilating, or air-conditioning (either during or after such alterationswork) unless prior written arrangements reasonably satisfactory to Landlord are made with respect thereto, additions (e) be completed promptly and improvements in a good and workmanlike manner and in a quality equivalent to Building Standard, (except for f) be performed at Tenant's trade fixtures expense and computer at such times and electronic equipmentin such manner as Landlord may designate from time to time to insure minimum disruption to other tenants in the Building, and (g) be performed in such a manner that no valid mechanic's, materialman's, or other similar liens be attached to Tenant's leasehold estate and in no event shall become Tenant permit, or be authorized to permit, any such liens (valid or alleged) or other claims to be asserted against Landlord or Landlord's property at rights, estates, and interests with respect to the expiration Project or earlier termination of this Lease. Landlord will have the Lease Term and shall remain on right, but not the Demised obligation, to inspect periodically the work in the Premises. If any mechanic's lien is filed against the Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding or the Project or any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereofportion thereof, Tenant shall promptly restorecause same to be discharged within thirty (30) days after the lien is filed by paying or bonding over said lien. If Tenant fails to comply with the foregoing sentence, Landlord shall (without limitation of its other rights or remedies) have the right, but not the obligation, to discharge said lien and Tenant shall immediately reimburse Landlord for any sum of money expended by Landlord in connection with obtaining such discharge (together with an additional fifteen percent (15%) thereof to cover Landlord's administrative costs), which amount shall be deemed to be Rent hereunder for all purposes. Landlord may require (prior to commencement of construction), at its Tenant's sole cost and expense, the Demised Premises to its condition prior a lien and completion bond in an amount equal to the installation estimated cost of such alterationsany improvements, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of or alterations in the initial improvement of the Demised Premises which do not require have been approved by Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.

Appears in 1 contract

Samples: Lease (Carreker Antinori Inc)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made make any alterations, additions or improvements to or the premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. In the Demised Premises or event Landlord consents to the making of any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the Demised Premises consented to same and all subcontractors must first be approved in writing by Landlord Landlord, or, at Landlord's sole option and discretion, the alterations, additions, or improvements shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall fully reimburse Landlord for all costs the entire cost thereof within (including a reasonable charge for Landlord's overhead), as Rent, within ten (1020) days after receipt written notification of Tenant by Landlord providing Tenant with an invoice or other request (or statement). Tenant may, without the consent of Landlord, but at its own cost and expense and in a statementgood workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, binds, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition. All such alterations, additions removals and improvements (except for Tenant's trade fixtures and computer and electronic equipment) restoration shall become Landlord's property at be accomplished in a good workmanlike manner so as not to damage the expiration primary structure or earlier termination structural qualities of the Lease Term building and shall remain other improvements situated on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39premises.

Appears in 1 contract

Samples: Lease Agreement (Tekgraf Inc)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Section 10.1 Tenant shall not make, suffer or permit at any time during the Term make any alterations (including "Specialty Alterations" defined below) to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect consent thereto, which consent Landlord shall not unreasonably withhold or delay; provided, however, that Landlord shall not be deemed unreasonable by refusing to consent to any alterationalterations which are visible from the exterior of the Building or the Project including but not limited to signage, addition which will or improvement which does not affect are likely to cause any weakening of any part of the structure of the Premises, the Building or the Project or which will or are likely to cause damage or disruption to the Central Building systems or which are prohibited by any underlying ground lease or mortgage. "Specialty Alterations" are defined as alterations consisting of kitchens, executive bathrooms, raised computer floors, computer, telephone and telecommunications wiring and cabling in the Premises and Building, does not affect computer installations, supplemental air conditioning systems, safe deposit boxes, vaults, libraries or file rooms requiring reinforcement of floors, internal staircases, conveyors, dumbwaiters, and other alterations of a similar character which Landlord designates as Specialty Alterations by written notice delivered to Tenant when Landlord approves Tenant's plans containing such alterations. Should Tenant desire to make any alterations to the Premises, Tenant shall submit all plans and specifications for such proposed alterations to Landlord for Landlord's review before Tenant allows any such work to commence, and Landlord shall promptly approve or disapprove such plans and specifications for any of the Buildingreasons set forth in this Section 10.1 or for any other reason reasonably deemed sufficient by Landlord. Tenant shall select and use only contractors, subcontractors or other repair personnel from those listed on Landlord's systems (e.g.approved list maintained by Landlord in the Project management office. Upon Xxxxxx's receipt of written approval from Landlord and any required approval of any mortgagee or lessor of Landlord, mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available and upon Tenant's payment to other portions Landlord of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to reasonable costs incurred by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account such review and Tenant shall reimburse Landlord for all costs thereof approval (including a reasonable charge fee for the actual time spent by employees of Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restorehave the right to proceed with the construction of all approved alterations, but only so long as such alterations are in strict compliance with the plans and specifications so approved by Landlord and with the provisions of this Article 10. All alterations shall be made at its Tenant's sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.

Appears in 1 contract

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

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Alterations. Except for any initial improvement (a) During the Term, except as provided in this Paraxxxxx 00, Xxxxxx xxxll not make alterations or additions (collectively, "Alterations") to the Premises without Landlord's prior written consent. Tenant will have the right, without Landlord's consent to make Alterations to the interior of the Demised Premises pursuant that cost less than $50,000, do not materially impair the value of the Premises and do not pierxx xx otherwise compromise the roof membrane or roof system, pierxx, xxt or drill the floor or affect the structural components of the Building or the integrity or operation of any building or mechanical systems and provided that Tenant provides Landlord with reasonable advance notice of any such proposed Alterations. Landlord may not unreasonably withhold or delay its consent to EXHIBIT "D"all other additions or alterations provided that such alterations or additions (i) do not compromise the roof membrane or roof system, which or adversely affect the structural components of the Building or the integrity or operation of any building or mechanical systems, (ii) in Landlords' reasonable opinion, do not materially adversely affects the value or marketability of the Premises and (iii) comply with all other requirements for Alterations hereunder. As a condition to Tenant's commencement of any Alterations, the parties shall agree in writing as to whether Tenant shall be governed by required to remove such Alterations prior to expiration of the provisions of said EXHIBIT "D", Lease. Landlord may require that Tenant remove any such Alterations except for Alterations which are customary for general office space in first class buildings in the Denver Technological Center. Tenant shall not make, suffer do or permit others under its control to do, during the term of this Lease, any work on the Premises related to any Alterations unless Tenant shall have first procured and paid, or caused to be made procured and paid, all requisite municipal and other governmental permits and authorizations. All Alterations shall comply with Insurance Requirements and with Legal Requirements and shall be constructed in good and workmanlike manner using only good grades of materials, consistent with a first class office building in the Denver Technological Center. All plans and specifications and contracts for any alterations, additions or improvements Alterations shall be submitted to or Landlord for its approval. Landlord may monitor construction of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account Alterations and Tenant shall reimburse Landlord for all its reasonable costs thereof (including a in reviewing plans and documents and in monitoring construction; provided that such costs shall be limited to reasonable, actual out-of-pocket costs paid or payable to third parties and reasonable charge charges for time spent by employees of Landlord or its affiliates which do not exceed market rates for similar services. Landlord's overhead)right to review plans and specifications and monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with Legal Requirements or Insurance Requirements. Tenant shall furnish to Landlord satisfactory certificates of insurance from an insurance company satisfactory to Landlord evidencing worker's compensation and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property arising during construction of any Alterations. Tenant shall provide Landlord with the identities and mailing addresses of all persons performing work or supplying materials, prior to beginning such construction. If requested by Landlord, Tenant shall furnish to Landlord payment bonds or such other security satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Landlord may post or give notices of non-responsibility in compliance with applicable law. Upon completion of any Alterations, Tenant shall deliver to Landlord sworn statements setting forth the names of all contractors and subcontractors who did work on the Alterations and final lien waivers from all such contractors and subcontractors. Tenant at its expense shall provide to Landlord upon completion complete as-built drawings of the Alterations. Landlord may require as Rent, within ten (10) days after receipt a condition to granting any consent to the making of a statement. All such alterations, additions and improvements (except any Alterations that the cost that Landlord estimates will be necessary to restore any Initial Improvements that are to be damaged or altered during the construction of Alterations be paid to Landlord as security for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at obligation to restore the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39Initial Improvements.

Appears in 1 contract

Samples: Lease Agreement (Edwards J D & Co)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made make any alterations, additions or improvements to or the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good and workmanlike manner erect such shelves, bins, machinery, and other trade fixtures as it may deem advisable, without altering the basic character of the Demised Premises or any part thereof, the Building or attach any fixtures improvements and without overloading or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition damaging the Premises or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical such building or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Buildingimprovements, and is in full compliance each case after complying with all applicable governmental laws, orders, ordinances, directionsregulations and other requirements. All alterations, requirementsadditions, rules improvements and regulations 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 governmental authorities. Landlord's consent shall not be unreasonably withheld (alterations, additions, improvements and Landlord's consent shall not be required if partitions erected by Tenant and restore the cost Premises to the original condition as of the aforesaid type commencement of alteration is less than $15,000.00)the Term, ordinary wear and tear not preventable by Tenant excepted, by the date of termination of this Lease or upon earlier vacating of the Premises; provided, however, that if at such time Landlord so elects, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and title shall pass to Landlord under this Lease as if by a xxxx of sale. Any All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural utilities of the buildings and other improvements within which the Premises are situated. If Landlord shall, in its sole discretion, consent to any alterations, additions or improvements to the Demised Premises consented to proposed by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restoreconstruct the same in a good and workmanlike manner and in accordance with all governmental laws, at its sole cost ordinances, rules and expenseregulations and shall, the Demised Premises to its condition prior to the installation construction, provide such assurances to Landlord, (including but not limited to, waivers of such alterationslien, additions surety company performance bonds and improvementspersonal guaranties of companies or individuals of substance) as Landlord shall reasonably require to protect Landlord against any loss from any mechanics', normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consentlaborers, or which are made with Landlordmaterialmen's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39liens, or other liens.

Appears in 1 contract

Samples: Lease Agreement (Dt Industries Inc)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT Exhibit "D", which shall be governed by the provisions of said EXHIBIT Exhibit "D", Tenant shall not make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part party thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00)withheld. Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions additions, and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, 5 42 notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.

Appears in 1 contract

Samples: Agreement (Delta Air Lines Inc /De/)

Alterations. Tenant shall not make any alterations, improvements, additions, utility installations or repairs (hereinafter collectively referred to as "Alterations") to the Premises, except in accordance with this Section 4.2 and with the prior written consent of Landlord, which Landlord agrees not unreasonably to withhold, condition or delay as to nonstructural Alterations (nonstructural Alterations being those that do not materially, adversely affect the Building's structure, roof, exterior or mechanical, electrical, plumbing, life safety or other Building systems or architectural design, character or use of the Building or Premises). Without limiting any of the terms hereof Landlord will not approve any Alterations requiring unusual expense to readapt the Premises to normal office use on lease termination or increasing the cost of construction, insurance or taxes on the Building or of Landlord's services to the Premises, unless Tenant first gives assurances or security acceptable to Landlord that such re-adaptation will be made prior to such termination without expense to Landlord and makes provisions acceptable to Landlord for payment of such increased cost. All Alterations made by Tenant shall be made in accordance with plans and specifications which have been approved in writing by the Landlord, in Landlord's reasonable discretion, pursuant to a duly issued permit, and in accordance with all Laws and Restrictions, the provisions of this Lease and in a good and first-class workmanlike manner using new materials of same or better quality as base building standard materials, free of all liens and encumbrances. All Alterations shall be performed by a contractor or contractors selected by Tenant and approved in writing by Landlord, in Landlord's reasonable discretion. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D"non-structural Alteration costing less than $10,000.00 (per such Alteration), Tenant shall not make, suffer or permit pay to be made any alterations, additions or improvements Landlord a fee equal to or the lesser of (i) five percent (5%) of the Demised Premises cost of any such Alterations, or (ii) Landlord's actual costs incurred, to compensate Landlord for the overhead and other costs it incurs in reviewing the plans therefor and in monitoring the construction of the Alterations; in the event any non-structural Alteration costing less than $10,000.00 requires Landlord's specific review or monitoring, Tenant shall pay the reasonable third party cost therefor incurred by Landlord. If, as a result of any Alterations made by Tenant, Landlord is obligated to comply with the Americans With Disabilities Act or any part thereof, other Laws or attach Restrictions and such compliance requires Landlord to make any fixtures improvement or equipment thereto, without first obtaining Landlord's written consent. With respect Alteration to any alteration, addition or improvement which does not affect the structure portion of the Building, does not affect as a condition to Landlord's consent, Landlord shall have the right to require Tenant to pay to Landlord prior to the construction of any Alteration by Tenant, the entire cost of any improvement or alteration Landlord is obligated to complete by such law or regulation. Tenant agrees to obtain or cause its contractor(s) to obtain, prior to the commencement of any work or Alterations, "builder's all risk" insurance in an amount and with such commercially reasonable coverages approved by Landlord and worker's compensation insurance in the statutorily required amount(s) and evidence of all such insurance shall be furnished to Landlord prior to the performance by such contractor(s) or person(s) of any work in respect of the BuildingPremises. Landlord shall have the right to stop any work not being performed in conformance with this Lease, and, at its option, but only after notice to Tenant and Tenant fails to promptly remedy such non-conformance, may repair or remove non-conforming work at the expense of Tenant. Tenant hereby indemnifies and holds Landlord harmless from and against any liens, encumbrances and violations of Laws and Restrictions. The filing of any lien or encumbrance, or the violation of Laws or Restrictions, shall constitute a default hereunder. The repair and indemnity obligations of Tenant hereunder, including Tenant's systems obligations to repay Landlord the cost of repairing or removing Alterations, shall survive the termination of this Lease. All Alterations performed by Tenant in the Premises shall remain therein (e.g.unless, mechanical, electrical or plumbing), does not diminish at the capacity time of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if therefore, Landlord directs Tenant to remove the cost same on termination or expiration of the aforesaid type of alteration is less than $15,000.00). Any such alterationsthis Lease) and, additions at termination or improvements to the Demised Premises consented to by Landlord expiration, shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including surrendered as a reasonable charge for Landlord's overhead)part thereof, as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's usual trade fixtures fixtures, furniture and computer and electronic equipment) shall become Landlord's property at the expiration equipment installed prior to or earlier termination of during the Lease Term term at Tenant's cost, which trade fixtures, furniture and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, equipment Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition remove in their entirety prior to the installation termination or expiration of such alterations, additions and improvements, normal wear and tear exceptedthis Lease. Tenant shall under no circumstances be required agrees to remove repair any alterationsand all damage to the Premises resulting from such removal (including removal of Tenant's Alterations directed by Landlord) or, additions if Tenant fails to do so and improvements which are part Landlord so elects, to pay Landlord for the cost of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39any such repairs forthwith after billing therefor.

Appears in 1 contract

Samples: Lease (Soundbite Communications Inc)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made make any alterations, additions additions, partitions, or other improvements to the Premises without the prior written consent of Landlord. Tenant, at its own cost and expense, may erect shelves, bins, machinery and trade fixtures as it desires as well as alterations, additions, partitions, communication towers or other improvements which have been specifically consented to in writing by Landlord, provided that (i) such items do not alter the basic character of the Demised Premises or any part thereofthe building and/or improvements of which the Premises are a part, (ii) such items do not overload or attach any fixtures or equipment theretodamage the same, (iii) such items may be removed without first obtaining Landlord's written consent. With respect injury to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the BuildingPremises, and is in full compliance (iv) the construction, erection or installation thereof complies with all applicable governmental laws, orderscodes, ordinances, directionsregulations, or any other applicable authorities, including, without limitation, the Americans with Disabilities Act of 1990 (the "ADA"), and with Landlord's details, specifications and other requirements, rules (v) any architectural, engineering, construction management, permits, inspections or other cost or fee required to assure compliance with conditions set forth in this Paragraph 6 shall be paid by Tenant promptly upon demand. All alterations, additions, partitions, or other improvements erected by Tenant shall be and regulations remain the property of all governmental authorities. Tenant during the term of this Lease; provided however, at the termination of this Lease, Landlord shall have the option, exercisable in Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterationssole discretion, additions or improvements to the Demised Premises consented require Tenant either to by Landlord shall be made by Landlord or under Landlord's supervision for remove, at Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, all or part of each alterations, additions, partitions, or other improvements, at which time Tenant shall promptly restore the Demised Premises to its condition prior original condition, or to keep in place the installation of same at which time such alterations, additions and additions, improvements, normal wear and tear exceptedpartitions shall become the property of Landlord. If requested by Tenant at any time prior to termination of this Lease, Landlord shall, in its sole discretion, give or withhold its consent to the future removal by Tenant of any particular alteration, addition, partition or other improvement then existing or planned by Tenant; provided, however, Landlord shall not unreasonably withhold its consent to Tenant's future removal of any specialized equipment installed in the Premises by Tenant Such consent must be in writing to be binding upon Landlord. Landlord hereby consents to Tenant's removal of those items listed on Exhibit D attached hereto and incorporated herein by this reference. (Note: The requesting and granting of such consent shall not preclude Tenant from subsequently electing to leave any such items in place or, under no circumstances such circumstances, Landlord from requiring that such items be required removed.) (Note: Tenant's obligation to remove any alterationsrestore the Premises to its original condition shall apply following the removal of a particular alteration, additions and improvements which are part of the initial addition, partition or other improvement of the Demised Premises which do not require pursuant to Landlord's consent.) All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the buildings and other improvements situated on the Premises or of which the Premises are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39a part.

Appears in 1 contract

Samples: Lease Agreement (Limelight Networks, Inc.)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer in no event make or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition modification, substitution or improvement which does not affect other change of any nature to the structure of the Building, does not affect any of the Building's systems (e.g.structural, mechanical, electrical electrical, plumbing, HVAC and sprinkler systems within or plumbing), does not diminish serving the capacity of such Building systems available to other portions Premises. After completion of the BuildingTenant Improvements within the Premises, is Tenant shall not visible from make or permit any other improvements, alterations, fixed decorations, substitutions or modifications, structural or otherwise, to the common areas Premises or exterior the Building (“Alterations”) without the prior written approval by Landlord of complete plans and specifications prepared and submitted by Tenant, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord’s approval shall include the conditions under which acceptable Alterations may be made. Landlord’s approval of the Buildingplans, specifications and is in full working drawings for Tenant’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental agencies or authorities. Alterations shall include, but not be limited to, the installation or modification of carpeting, walls, partitions, counters, doors, shelves, lighting fixtures, hardware, locks, ceiling, window and wall coverings; but shall not include the initial Tenant Improvements initially placed within the Premises pursuant to Section 5. All Alterations may be made by Tenant’s contractor (as reasonably approved by Landlord's ) at Tenant’s sole cost and only after Tenant has obtained any necessary permits from governmental authorities for the 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, on demand, pay the cost thereof (plus ten percent [10%] of such cost as a construction management fee) as Additional Rent. If any mechanic’s lien is filed against the Premises or the Building for work or materials furnished to Tenant (other than by Landlord) the lien shall be discharged by Tenant within twenty (20) days thereafter, solely at Tenant’s expense, by either paying off or bonding the lien. Should Tenant fail to discharge any lien within twenty (20) days of its filing, then, in addition to Landlord’s other remedies, Landlord shall have the right, but not the obligation, to discharge said lien at Tenant’s expense. Notwithstanding the terms of this Section 12.1 to the contrary, Tenant may install a generator and fuel supply (the “Generator”) in the location approved by Landlord near the Building and subject to Landlord’s prior approval of complete plans and specifications for the Generator, such approval to not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00)withheld, conditioned or delayed. Any such alterations, additions or improvements to the Demised Premises consented to by Landlord The Generator shall be made by Landlord or under Landlord's supervision for deemed to be Tenant's account ’s Personal Property, and Tenant shall reimburse Landlord for cause the Generator (and all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10equipment associated therewith) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property to be removed at the expiration or earlier termination of this Lease. Tenant shall obtain and exhibit to Landlord at Landlord’s request copies of all requisite approvals and permits with respect to the Lease Term Generator, including, to the extent required, building permits and any architectural approvals required under restrictive covenants applicable to the Building and the Center. Tenant shall repair any damage to the Property caused by the removal of the Generator and such equipment and shall remain on restore the Demised Premises without compensation Property to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its same condition as existed prior to the installation of such alterations, additions the Generator and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39equipment.

Appears in 1 contract

Samples: Crestpointe Corporate Center Standard Office Lease Agreement (Costar Group Inc)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not makenot, suffer or permit without prior written notice to be made Landlord, make any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent Premises; provided that Tenant shall not be required if to furnish Landlord prior written notice of any alterations that do not require the cost issuance of a building permit or similar authorization from any governmental agency ("Non-Structural Alterations"). Before commencement of the aforesaid type work or delivery of alteration is less than $15,000.00)any materials onto the Premises requiring notice to Landlord, Tenant shall furnish to Landlord final plans and specifications therefor, with any confidential information removed, but including, without limitation, all plans and specifications furnished to governmental agencies, and necessary permits and licenses. Any Landlord shall, at Tenant's cost without delay, do all acts and sign all documents to enable Tenant to obtain the necessary approvals and permits and to otherwise enable Tenant to carry out those alterations, additions or improvements. All alterations, additions and improvements shall be installed in a good, workmanlike manner. All such work shall be done only by licensed contractors. Tenant further agrees to indemnify, defend and hold Landlord harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said alterations, additions or improvements (including, without limitation, Non-Structural Alterations) and shall, at its sole and exclusive expense, promptly pay all bills for such work and/or delivery of goods in order to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account assure that no materialman and mechanic notices and/or liens associated therewith are filed. Tenant shall reimburse Landlord for pay the cost of all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at also the expiration or earlier termination cost of restoring the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects occasioned by notice to Tenant to have Tenant remove such alterations, additions and improvements, including, without limitation, the cost of labor and materials, contractor's profit, overhead and general conditions. Upon completing any alterations, additions or improvements, Tenant shall furnish Landlord with contractors' affidavits, in which eventform required by law, notwithstanding any contrary provisions respecting such and full and final waivers of lien and receipts and bills covering all labor and materials expended and used. All alterations, additions and improvements contained in Article 32 hereofshall comply with all insurance requirements and with all city and county ordinances and regulations, with the requirements of all state and federal statutes and regulations and with the requirements of Section 8.4 above. Within thirty (30) days after completion of any alterations, additions or improvements for which notice to Landlord is required hereunder, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises deliver to its condition prior to the installation Landlord one (1) set of "as-built" plans for such alterations, additions and improvementsor improvements prepared by Tenant's engineer in reproducible form, normal wear and tear exceptedwith any confidential information removed. Upon the expiration or earlier termination of this Lease, Tenant shall under no circumstances be required transfer to remove any Landlord all unexpired warranties obtained by Tenant for work done in connection with the alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39improvements.

Appears in 1 contract

Samples: Hardie James Industries Nv

Alterations. Except for any initial improvement of the Demised Premises pursuant The Tenant has no rights to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made carry out any alterations, additions works or improvements installations to or the Premises unless it is expressly permitted to do so under this Clause 4.10. The Tenant may install, alter and remove tenant's fixtures29 and carry out internal non-structural works to the Premises that will not have an adverse impact on the Environmental Performance of the Demised Premises without the Landlord's consent, but the Tenant must notify the Landlord promptly after completing those works. To enable those works to be carried out, the Tenant may drill fixing holes into the floors, ceilings, columns or walls of the Premises. The Tenant must comply with its obligations in Part 5 of the Schedule when carrying out or installing any Permitted Works, whether or not the Landlord's consent is required for them.30 Signs and advertisements The Tenant must not display any signs or advertisements on the Premises that are visible from outside the Premises except for business signs that indicate the Tenant's trading name in the style of and consistent with the Tenant's standard business signage. Obligations at the End Date By the End Date the Tenant must have removed: all tenant's and trade fixtures and loose contents from the Premises; all Electronic Communications Apparatus and apparatus relating to Wireless Data Services installed by the Tenant or any sub-tenant at the Premises; all signage installed by the Tenant or any sub-tenant at the Premises; unless and to the extent that the Landlord and the Tenant otherwise agree, all Permitted Works; and without affecting any other Landlord's rights, any works that have been carried out in breach of any obligation in this Lease. The Tenant must make good all damage to the Premises caused when complying with Clause 4.12.1 and restore them to the same configuration, state and condition as they were in before the items removed were originally installed. At the End Date the Tenant must: give back the Premises (and the fixtures, plant and equipment in them) in good decorative order and in a state, condition and working order consistent with the Tenant's obligations in this Lease;31 give back the Premises with vacant possession; and hand to the Landlord any registers or records maintained by the Tenant pursuant to any statutory duty that relate to the Premises including any health and safety file, EPC and asbestos survey. If the Tenant has not removed all of its property from the Premises by the End Date: the Landlord may dispose of that property as the agent of the Tenant after giving the Tenant not less than five Business Days' notice of its intention to do so; the Tenant must indemnify the Landlord against any liability of the Landlord to any third party whose property has been disposed of in the genuine but mistaken belief that it belonged to the Tenant; and the Landlord must pay to the Tenant the proceeds of the disposal after deducting the costs of transportation, storage and disposal incurred by the Landlord. User The Tenant must not use the Premises other than for the Permitted Use. The Tenant must not use the Premises: for any illegal activity; [for trading in vehicles or carrying out repairs to and maintenance of them;] as a betting office, an amusement arcade or in connection with gaming; for any political or campaigning purposes or for any sale by auction;32 or for the sale of alcohol for consumption on or off the Premises or for the preparation or cooking of food other than, in either case, in connection with staff catering facilities ancillary to the Permitted Use. The Tenant must not: keep in the Premises any plant, machinery or equipment (except that properly required for the Permitted Use) or any petrol or other explosive or specially flammable substance[ (other than petrol in the tanks of vehicles parked in any parking spaces within the Premises)]; load or unload any vehicle unless it is in a loading area provided for that purpose; cause any nuisance or damage to the Landlord or to the owners, tenants or occupiers of any adjoining premises; overload any part of the Premises or any part thereofplant, machinery, equipment or Conducting Media; do anything that blocks the Conducting Media or makes them function less efficiently including any blockage to or corrosion of any drains, pipes or sewers by virtue of any waste, grease or refuse deposited by the Tenant or any cleaning of them carried out by the Tenant; operate any apparatus so as to interfere with the lawful use of Electronic Communications Apparatus or the provision of Wireless Data Services on any adjoining premises; cause any land, roads or pavements near to the Premises to be untidy or dirty, or attach deposit anything on them; use any fixtures machinery on the Premises that is audible outside the Premises or equipment theretothat causes significant vibration outside the Premises; in relation to any parts of the Premises that are not built on store, without first obtaining keep or stack any materials, plant, equipment, bins, crates, boxes, refuse, waste or rubbish or any receptacle for waste, refuse or rubbish or any other item otherwise than in accordance with any requirements of the Landlord's written consentinsurers and any regulations made by the Landlord; burn rubbish or waste materials, paper, wood or other combustible matter on the Premises[ except in boilers or incinerators provided for that purpose]; or emit any smoke, fumes or smells from the Premises. With respect to any alteration, addition or improvement which The Landlord does not affect warrant that the structure of Permitted Use is, will be, or will remain lawfully permitted under the Building, does not affect any of Planning Acts or the Buildingtitle deeds. The Tenant remains bound by the Tenant's systems (e.g., mechanical, electrical or plumbing), does not diminish obligations under this Lease even if the capacity of such Building systems available to other portions of the Building, use is not visible from lawfully permitted under the common areas Planning Acts. The Tenant must not install or exterior of use Electronic Communications Apparatus or apparatus relating to Wireless Data Services within the Building, and is Premises unless solely for use in full compliance connection with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authoritiesthe lawful occupier's business at the Premises[. Landlord's consent shall must be obtained prior to installation]. The Tenant must provide the Landlord with the names, addresses and telephone numbers of not fewer than two people who from time to time hold keys and any security access codes to the Premises and who may be unreasonably withheld (and Landlord's consent shall not be required contacted in an emergency if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements Landlord needs access to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for outside the Tenant's account and normal business hours. [The Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding must not use any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are parking spaces forming part of the initial improvement Premises: except for the parking of vehicles belonging to persons working at the Premises or any authorised visitors to the Premises; or for the repair, refuelling or maintenance of any vehicles.] [The Tenant must comply with the provisions in Part 8 of the Demised Schedule.]33 Dealings with the Premises34 The Tenant must not assign, sub-let, charge, hold on trust or part with or share possession or occupation of the Premises which do not require Landlordin whole or in part, except as authorised under this Clause 4.14[ or Part 7 of the Schedule]. The Tenant may assign the Tenant's consent, or which are made right to the whole of the Premises with the Landlord's consent (unless such consent not to be unreasonably withheld or delayed if the removal requirement prospective tenant is specified of sound financial standing and demonstrably capable of fulfilling the Tenant's obligations under this Lease),35 except that: the Landlord may refuse consent to assign if the Tenant has not paid in full the Rent and all other sums due to the Landlord under this Lease that are not the subject of a legitimate dispute about their payment; the Landlord may refuse consent to assign in any other circumstances where it is reasonable to do so; [and] the Landlord may require any other condition to the Landlord's consent if it is reasonable to do so[; and if required by the Landlord, any consent to assign may be subject to a condition that any Environmental Permits held by the assigning tenant that are required for the use and enjoyment of the Premises by the assignee are transferred to the assignee]36. [The provisions of Part 7 of the Schedule apply to sub-lettings of the Premises and the Tenant must comply with its obligations in that Part of the Schedule.] The Tenant may charge the Tenant's right to the whole of the Premises to a genuine lending institution without the Landlord's consent but the Tenant must notify the Landlord at under Clause 4.15 of any charge created. In addition to the time provisions of initial approval). See Special Stipulation No. 39this Clause 4.14, the Tenant may share occupation of the Premises with a Group Company of the Tenant[ or a Service Provider] on condition that:37 the Tenant notifies the Landlord of the identity of the occupier and the part of the Premises to be occupied; no relationship of landlord and tenant is created or is allowed to arise; the sharing of occupation ends if the occupier is no longer a Group Company of the Tenant[ or a Service Provider]; and the Tenant notifies the Landlord promptly when the occupation ends.

Appears in 1 contract

Samples: Lease

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made make any alterations, additions or improvements to or the Premises without the prior written consent of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect Landlord shall not be required to notify Tenant of whether it consents to any alteration, addition or improvement until it (a) has received plans and specifications in a CAD disk format therefor which does not are sufficiently detailed to allow construction of the work depicted thereon to be performed in a good and workmanlike manner, and (b) has had a reasonable opportunity to review them. If the alteration, addition or improvement will affect the structure Building’s structure, HVAC system, or mechanical, electrical, or plumbing systems, then the plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord and provided to Landlord in a CAD disk format. Landlord’s approval of any plans and specifications shall not be a representation that the plans or the work depicted thereon will comply with law or be adequate for any purpose, but shall merely be Landlord’s consent to performance of the Buildingwork. Upon completion of any alteration, does addition, or improvement, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor in a CAD disk format. Tenant may erect shelves, bins, machinery and trade fixtures provided that such items (1) do not affect any alter the basic character of the Premises or the Building's systems ; (e.g.2) do not overload or damage the same; and (3) may be removed without damage to the Premises. Unless Landlord specifies in writing otherwise, mechanicalall alterations, electrical additions, and improvements shall be Landlord’s property when installed in the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or plumbing), does not diminish before the capacity of such Building systems available earlier to other portions occur of the Buildingday of termination or expiration of this Lease or vacating the Premises, is not visible from at which time Tenant shall restore the common areas Premises to their original condition. All work performed by a Tenant in the Premises (including that relating to the installations, repair replacement, or exterior removal of the Building, and is any item) shall be performed in full compliance accordance with all applicable governmental laws, orders, ordinances, directionsregulations, and with Landlord’s specifications and requirements, rules in a good and regulations workmanlike manner, and so as not to damage or alter the Building’s structure or the Premises. Tenant shall be responsible for compliance with The Americans With Disabilities Act of 1990. In connection with any such alteration, addition or improvement, Tenant shall pay to Landlord an administration fee of five percent (5%) of all governmental authoritiescosts incurred for such work. Landlord's consent However, Tenant shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is have to pay Landlord an administration fee for non-structural work costing less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 3910,000.00 7.

Appears in 1 contract

Samples: Lease Agreement Between Aetna Life (Tanisys Technology Inc)

Alterations. Except for Lessee, at any initial improvement of time during the Demised Premises pursuant Lease, shall have the option to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made make any alterations, additions additions, partitions or other improvements to or of the Demised Premises or any part thereofinstalling fixtures on the Premises, as required to operate Lessee's business at its own cost and expense with no base rent, additional rent, or attach supervisory fee due under the Lease for such space or modifications, provided such improvements are not structural in nature. Such alterations, additions, partitions, other improvements, and fixtures shall require the prior written consent of Lessor, which consent will not be unreasonably withheld, conditioned or delayed, provided that alterations, additions, partitions, or other improvements that cost less than fifty thousand dollars ($50,000.00) in any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does calendar year and do not affect the structure of the Building, does building's structural integrity or mechanical systems will not affect any of the Buildingrequire Lessor's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authoritiesprior written approval. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restoreLessee, at its sole own cost and expense, may erect shelves and bins as it desires without Lessor's consent as well as alterations, additions, partitions, or other improvements and fixtures which have been specifically consented to in writing by Lessor (except as otherwise provided above), provided that (a) such items are consistent with Lessee's permitted use of the Demised Premises Premises, (b) such items do not overload or cause material damage to its condition the same, (c) such items may be removed without injury to the Premises, and (d) the construction, erection or installation thereof complies with all applicable governmental laws, codes, ordinances, regulations, or any other applicable authorities, including, without limitation, the Americans with Disabilities Act of 1990 (the "ADA"), and with Lessor's reasonable details, specifications and other requirements. Any reasonable architectural, engineering, construction management, permits, inspections, or other cost or fee required to assure compliance with the conditions set forth in this Paragraph 6 shall be paid by Lessee promptly upon demand. All alterations, additions, partitions, or other improvements and fixtures erected or installed by Lessee shall be and remain the property of Lessor during the term of this Lease.; provided that Lessor shall have the option, exercisable in Lessor's sole discretion, to require Lessee either (i) upon request made prior to the installation construction of such alterations, additions and improvementsadditions, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consentpartitions, or which are made with Landlordother improvements (excluding Lessee's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.personal

Appears in 1 contract

Samples: Lease Agreement (Homegrocer Com Inc)

Alterations. Except for any initial improvement (a) Lessee may, at its expense, make additions to and alterations of the Demised Improvements, and construct-additional Improvements provided that (i) the market value of the Premises pursuant to EXHIBIT "D"shall not be materially lessened thereby, which (ii) such work. shall be governed by expeditiously completed in a good and workmanlike manner and in compliance with all applicable Legal Requirements and the provisions requirements of said EXHIBIT "D", Tenant shall not make, suffer or permit all insurance policies required to be made any alterationsmaintained by Lessee here-under, additions or improvements to or and (iii) no exterior walls of the Demised Improvements shall be demolished unless Lessor’s prior consent shall have been obtained. All such additions and alterations shall be and remain part of the realty and the property of Lessor and shall be subject to this Lease. Lessee may place upon the Premises any inventory, systems (such as pollution control systems and equipment, and electrical and plumbing service systems, materials handling apparatus and similar adjuncts to manufacturing operations), machinery or other equipment belonging to Lessee or third parties (hereinafter collectively defined as “Lessee’s Trade Systems”). Lessee shall have the right, at any time during the term of this Lease or any extension thereof, to remove Lessee’s Trade Systems, as well as all other personal property of every nature belonging to Lessee, provided, however, that any damage to the Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of portion thereof occasioned by such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to by Landlord removal shall be made repaired by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property the Lessee at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its Lessee’s sole cost and expense. As used herein and hereafter, the Demised term “Lessee’s Trade Systems” shall not include or be deemed to include any general purpose item now or hereafter installed in the Premises so as to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are an integral part of the initial improvement Premises, such as, without limiting the generality of the Demised Premises which do not require Landlord's consentforegoing, or heating, ventilation, and air conditioning plant and systems, electrical and plumbing fixtures and systems and other like equipment and fixtures, but said term shall include such plant, systems, fixtures and equipment which are made with Landlord's consent unique to Lessee’s manufacturing operations and processes. The parties are aware that the Premises may contain equipment and facilities owned by Lessee or third parties (unless other than Lessee’s Trade Systems) necessary and useful in order to carry out the Lessee’s business. Without limiting the generality of the foregoing, the parties, therefore, agree that such facilities and equipment shall be deemed to be personal property (even if affixed or attached to the Premises in such fashion as to otherwise cause said equipment or facilities to be deemed a fixture), and shall, subject to paragraph 9, be removable at will by Lessee at Lessee’s expense as provided above, provided that such removal requirement is specified by Landlord at will not have material adverse effect on the time value of initial approval). See Special Stipulation No. 39the Premises.

Appears in 1 contract

Samples: Sublease Agreement (Superior Essex Inc)

Alterations. Except for any initial improvement of the Demised ----------- Premises pursuant to EXHIBIT Exhibit "D", which shall be governed by the provisions of ----------- said EXHIBIT Exhibit "D", Tenant shall not make, suffer or permit to be made any ----------- alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and or delayed; provided, however, that Tenant shall have the right, without obtaining Landlord's consent shall consent, to move low voltage telephone lines and local area network lines within and which serve the Demised Premises, so long as such actions do not be required if affect the cost service of any other tenant of the aforesaid Building and do not affect the Building Systems, and such work is done by an electrician (or other professional, as appropriate, and which may be an employee of Tenant) consented to by Landlord (with such consent as to the identity of such a person applying to subsequent work of the same or similar type of alteration is less than $15,000.00by such person). Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account (at such reasonable rates as are typically charged for such work) and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten thirty (1030) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant, at the time Landlord responds to Tenant as to whether or not such alterations may be constructed in or made to the Demised Premises, to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.

Appears in 1 contract

Samples: Lease Agreement (Manhattan Associates Inc)

Alterations. Except for any initial improvement (a) After completion of the Demised Premises pursuant to EXHIBIT "D", Tenant Improvements (which shall be governed by the provisions of said EXHIBIT "D"Work Letter), Tenant shall not make, make or suffer or permit to be made any additional alterations, additions or improvements ("Alterations") in, on or to or of the Demised Premises or any part thereof, or attach thereof without the prior written consent of Landlord. Tenant's request for approval of any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to by Landlord proposed Alterations shall be made in writing and shall be accompanied by Landlord or under Landlord's supervision a full set of complete plans and specifications for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge such proposed Alterations for Landlord's overhead), as Rent, review. Failure of Landlord to give its disapproval within ten fifteen (1015) calendar days after receipt of a statementTenant's written request for approval shall constitute approval by Landlord so long as Tenant's request includes the following statement in capitalized and boldfaced letters: BY FAILING TO RESPOND TO THIS REQUEST, YOU WILL BE DEEMED TO HAVE APPROVED THE ALTERATIONS DESCRIBED HEREIN, INCLUDING THE PLANS AND SPECIFICATIONS. All such alterationsAny Alterations in, additions and improvements (on or to the Premises, except for Tenant's trade fixtures and computer movable furniture and electronic equipment (which exception shall include the telephone system, security system, demountable partitions, secretarial stations, cubicles, cabinets or shelving systems and kitchen equipment) , but shall not include the wiring, conduit and fiberoptic cabling and similar infrastructure [other than the phone switch, servers and racks] related to telephone, telecommunications, or similar communications systems which shall be and remain Landlord's property from the time they are installed in the Premises), shall be the property of Tenant during the Term and shall become Landlord's property at the expiration or earlier termination end of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Tenant. Landlord elects by notice shall not unreasonably withhold or delay its consent to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, Alterations that (i) do not materially affect the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part structure of the initial improvement Buildings or their electrical, plumbing, HVAC, security or other systems, (ii) are not visible from the exterior of the Demised Premises which and do not otherwise affect the exterior appearance of the Buildings, (iii) are consistent with Tenant's Permitted Use hereunder; (iv) do not require any application to a political jurisdiction for rezoning, general plan amendment, variance, conditional use permit or architectural review approval, (v) will not interfere with the use and occupancy of any other portion of the Project by Landlord or by any other tenants or occupants or their invitees, or by any other party with the right to use any portion of the Project, (vi) comply with any Encumbrances and Mortgages, and (vii) do not adversely affect the value or marketability of Landlord's consentreversionary interest upon termination or expiration of this Lease. Landlord acknowledges that, or which are made with subject to Landlord's consent (unless as required in this Paragraph 7 and the removal requirement is specified by Landlord at other terms and conditions of this Paragraph 7, Tenant desires to install a cafeteria in the time of initial approval). See Special Stipulation No. 39Premises.

Appears in 1 contract

Samples: Lease Agreement (Business Objects Sa)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made make any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment theretopremises (including, without first obtaining limitation, the roof and wall penetrations) without the prior written consent of Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (for interior, non-structural alterations. Tenant may, without the consent of Landlord, but at its own cost and Landlord's consent shall not be required if expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the cost basic character of the aforesaid type building or improvements and without overloading or damaging such building or improvements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of alteration is less than $15,000.00)Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if at such time Landlord so elects such alterations, additions, improvements and partitions but not Tenant's trade fixtures, shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and title shall pass to Landlord under this lease as by a xxxx of sale. Any All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon such removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements within which the premises are situated. If Landlord shall consent to any alterations, additions or improvements to the Demised Premises consented to proposed by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restoreconstruct the same in accordance with all governmental laws, at its sole cost ordinances, rules and expenseregulations and shall, the Demised Premises to its condition prior to the installation construction, provide such assurances to Landlord, (including, but not limited to, waivers of such alterationslien, additions surety company performance bonds and improvementspersonal guaranties of individuals of substance) as Landlord shall require to protect Landlord against any loss from any mechanics', normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlordlaborers' or materialmen's consentliens, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39other liens.

Appears in 1 contract

Samples: Lease Agreement (Factory Card Outlet Corp)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer Not make major or permit to be made any alterations, structural additions or improvements alterations to or of the Demised Premises interior or any part thereof, additions or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect alterations to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's leased premises without LESSOR'S prior written consent (which consent shall not be unreasonably withheld (delayed or withheld), and Landlord's when such consent be given, cause all such permitted additions and alterations to be done in a good workmanlike manner. LESSOR'S written approval of LESSEE'S construction and/or remodeling Plans and Specifications furnished to LESSOR prior to the commencement of such work shall constitute LESSOR'S consent. LESSEE further agrees that, in undertaking any such additions or alterations, it shall obtain and pay for all permits from all public authorities, as may be required, pay all cost and expense arising from such undertaking, as well as for all damage occasioned in connection therewith; and LESSEE shall obtain and furnish satisfactory evidence of such additional insurance protecting LESSOR as LESSOR may reasonably request. LESSEE shall cause all permitted work to be done in accordance with the Plans and Specifications approved by LESSOR, and shall be solely responsible to see that such Plans and Specifications comply with all building, fire and sanitary codes and regulations of governmental authorities having jurisdiction, and any other such laws, codes and regulations, including the requirements and recommendations of LESSOR'S insurance underwriters, relative to such work. LESSEE understands that LESSOR'S approval of said Plans and Specifications as above provided for shall not in any manner be required if the cost of the aforesaid type of alteration is less than $15,000.00)deemed or construed to be an indication or acknowledgment that same are in conformity with such codes, regulations, laws, recommendations or other requirements relating thereto. Any such alterationsIf LESSEE shall install business fixtures and equipment, additions or construct partitions, soffits, lofts, shelves, or other improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead)the installation or relocation of light fixtures) which overload utility lines or result in excessive spacing of sprinkler heads, as Rentor which obstruct or impede the sprinklers and/or operation thereof in any way, within ten (10) days after receipt LESSEE shall, on demand and at its sole expense, make whatever changes are necessary including, but without limit to, the extending, addition, or lowering of a statementsprinkler lines and heads to comply with the requirements or recommendations of LESSOR'S insurance underwriters and/or governmental authorities having jurisdiction thereof. All such alterations, additions and improvements alterations (except for Tenant's trade fixtures and computer and electronic equipmentincluding wall to wall carpeting) shall be and become Landlord's property at the expiration or earlier termination a part of the Lease Term realty which shall at LESSOR'S option, upon the termination or expiration of the lease term, remain with and be a part of the premises for the benefit of LESSOR, and LESSOR shall remain on the Demised Premises without compensation be under no obligation to Tenant unless Landlord elects compensate LESSEE therefor. However, if directed by notice to Tenant to have Tenant remove such alterationsLESSOR, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, LESSEE at its sole cost expense shall remove all such additions and expense, the Demised Premises to its condition prior to the installation of such alterations, additions repair all damage occasioned by such removal, and improvementsrestore the premises to as good a condition as when received, normal reasonable wear and tear tear, excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.

Appears in 1 contract

Samples: Lease (Family Christian Stores Inc)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made any Any alterations, additions or improvements to or permitted herein except as otherwise provided in Section1 and the Workletter shall be made at the expense of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consentLessee. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such The Lessee agrees that it will make no alterations, additions or improvements to the Demised Leased Premises consented without the written consent of the Lessor. All alterations, additions, improvements, cabinetry or other fixtures made or attached to the Building or the Leased Premises by Landlord and for the Lessee, including but not limited to, any and all subdividing partitions, walls or railings of whatever type, material or height (but excepting movable office furniture and equipment and modular cabinetry paid for by Lessee and not permanently attached to the Building, which may be removed by the Lessee at the end of the term of this Lease, if such termination is not the result of Lessee default hereunder) shall be made by Landlord or under Landlord's supervision for Tenant's account the property of the Lessor and Tenant shall reimburse Landlord for all costs remain upon and be surrendered with the Leased Premises as a part thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of this Lease. The Lessor, however, reserves the Lease Term and shall remain on right to require the Demised Premises without compensation Lessee to Tenant unless Landlord elects remove any paneling, decorations, partitions, walls or railings, floor coverings, booths, or fixtures installed by or at the request of the Lessee, by giving notice of such election to Tenant to have Tenant remove such alterationsthe Lessee at any time prior to, additions and improvements, or not later than ten (10) days after the expiration or earlier termination of the Lease; in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restoreevent the Lessee, at its the Lessee’s sole cost and expense, shall remove the Demised property so specified on or before the date of expiration or earlier termination of this Lease or a date five (5) days after the receiving of such notice, whichever shall be the later, and shall promptly restore the Leased Premises to its condition prior to the installation of such alterationstheir original condition, additions and improvements, normal reasonable wear and tear excepted. Tenant shall ; if Lessee fails to perform the necessary restorations within ten days after removing the property, or if Lessee is in default under no circumstances be required to remove any alterationsthis Lease, additions and improvements which are part Lessor may undertake the restoration of the initial improvement Leased Premises to their original condition after the removal of the Demised Premises specified property, in which do not require Landlord's consent, or which are made with Landlord's consent (unless event Lessee shall promptly reimburse Lessor for the removal requirement is specified by Landlord at the time cost of initial approval). See Special Stipulation No. 39such restoration.

Appears in 1 contract

Samples: BNC Bancorp

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D"Lessee shall make no additions, which shall be governed by the provisions of said EXHIBIT "D"changes, Tenant shall not make, suffer or permit to be made any alterations, additions alterations or improvements to or any Site comprising a part of the Demised Premises that are structural, involve any Excavations at any Site or any part thereof, or attach any fixtures or equipment theretohave a cost in excess of [***]225, without first obtaining Landlord's Lessor’s prior written consent, which consent may not be unreasonably withheld, conditioned or delayed if such additions, changes, alterations or improvements do not adversely affect the use or utility of the Premises. Any non-structural additions, changes, alterations or improvements to a single Site that have a cost of less than [***]226 and do not involve Excavations, do not require Lessor’s prior written consent. With respect Any alterations or additions to any alterationbuildings or permanent improvements authorized by Lessor shall be made in a good, addition or improvement which does not affect the structure of the Buildingworkmanlike manner, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all applicable laws, orders, ordinances, directions, requirements, rules and regulations regulations, and in compliance with all insurance policies required to be maintained by Lessee under this Lease, and, unless Lessor otherwise elects at its option, shall upon installation become the property of all governmental authorities. Landlord's consent Lessor and Lessee shall not be unreasonably withheld (have no right or interest therein except to continue to use and Landlord's consent shall not be required if occupy the cost same during the remainder of the aforesaid type Term of alteration is less than $15,000.00)this Lease. Any such alterationsIf Lessee shall make additions, additions changes, alterations or improvements to the Demised Premises consented in excess of [***]227 without Lessor’s prior written consent or otherwise in violation of the provisions hereof, then at the request of Lessor, Lessee shall at its own cost and expense remove from the Premises all additions, changes, alterations or improvements not reasonably acceptable to Lessor, and Lessee shall repair all damage caused by Landlord such installation and removal, other than minor and de minimus items. Any actual, reasonable costs incurred by Lessor in removing or disposing of fixtures or repairing damage shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statementadditional rent hereunder. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expenseAs used herein, the Demised Premises to its condition prior to the term “Excavations” does not include (x) removal of concrete or asphalt for paving or repaving of parking areas, (y) installation of such alterationssigns or lighting fixtures or (z) repair or maintenance work to buried water, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, sewer or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39other utility lines.

Appears in 1 contract

Samples: Unitary Net Lease Agreement (Getty Realty Corp /Md/)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant Lessee shall not make, suffer make or permit to be made any ----------- alterations, additions or improvements to or of the Demised Premises or any part thereofadditions, improvements, or attach any fixtures or equipment theretochanges in the premises without the prior written consent of Lessor, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent Lessor shall not be unreasonably withheld (and Landlord's withhold or delay, provided that Lessor may make such consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00)subject to reasonable conditions. Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restoreThe parties contemplate that Lessee will reconfigure and/or remove, at its sole cost and expense, some or all of the Demised Premises non-structural elements of the Building (i.e., certain existing half-height partitions and some ---- or all of the mounted or hard wall partitions constituting private offices)(collectively, "Lessee Improvements"). Subject to obtaining Lessor's approval of Lessee's plans therefor, as provided above, Lessee shall be entitled to construct the Lessee Improvements so long as Lessee provides Lessor with reasonable insurance with respect to the construction thereof, employs a licensed general contractor and obtains all required permits from governmental authorities with jurisdiction over the premises, and so long as the alterations are performed in accordance with all applicable Law (including, without limitation, the Americans with Disabilities Act of 1990 ["ADA"]), using new equipment and materials of good quality. So long as the Lessee Improvements do not, in Lessor's reasonable estimation, diminish the quality or general design of the premises as its exists on the Commencement Date, Lessee shall not be obligated to remove the alterations and restore the premises to its condition existing prior to the installation of such the alterations. With respect to any additional alterations installed by Lessee, additions at Lessee's request, Lessor shall notify Lessee in writing whether Lessor shall require that the Alterations be removed by Lessee upon the expiration or earlier termination of this Lease. All alterations (including the Lessee Improvements) installed by Lessee shall be at Lessee's sole cost and improvementsexpense, normal wear and tear excepted. Tenant Lessee shall under no circumstances be required to remove any alterationssolely responsible for the cost associated with constructing the alterations in compliance with applicable Law, additions and improvements which are part of including, without limitation, the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made ADA with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39respect thereto.

Appears in 1 contract

Samples: Lease (Kana Communications Inc)

Alterations. Tenant shall be permitted to make alterations within the Premises without Landlord’s consent, provided that such alterations do not affect structural components of the Building, do not involve full wall partitioning (including roof penetration) or do not affect the mechanical, electrical, heating, ventilation and air-conditioning, plumbing, life safety, and other Building systems, provided such alterations cost less than Twenty Thousand and 00/100 Dollars ($20,000) (the “Permitted Alterations”). Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D"Permitted Alterations, Tenant shall not make, suffer or permit to be made make any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto(including, without first obtaining limitation, the roof and wall penetrations) without the prior written consent of Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's withheld, conditioned, or delayed. If Landlord shall consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any to any such alterations, additions or improvements to the Demised Premises consented to proposed by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restoreconstruct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord’s and Tenant’s insurance policies and only in accordance with plans and specifications approved by Landlord. Tenant may, without the consent of Landlord, but at its sole own cost and expenseexpense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the Demised Premises to its condition basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the installation termination of such alterationsthis Lease if Tenant so elects, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part removed by the date of termination of this Lease or upon earlier vacating of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent if required by Landlord (unless the removal requirement is specified by Landlord agrees in writing at the time of initial approvalinstallation of any such items that they do not need to be so removed); upon any such removal Tenant shall restore the Premises to their original condition. See Special Stipulation No. 39All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Building.

Appears in 1 contract

Samples: Lease Agreement (Cyberguard Corp)

Alterations. Except for Tenant shall not, without the prior written consent of Landlord in each instance, make any initial improvement alterations, improvements, or additions to the Premises (including the installation of systems furniture or other equipment or personal property that affects or otherwise connects to the Demised Premises pursuant Building’s systems), and any such alterations, improvement, or additions desired by Tenant shall be installed at Tenant’s expense only in accordance with plans and specifications which have been previously submitted to EXHIBIT "D"and approved in writing by Landlord, which approval shall be governed by the provisions of said EXHIBIT "D", Tenant set forth in this Section 6. Landlord’s consent thereto shall not makebe unreasonably withheld or delayed; however, suffer or permit Landlord may, in its sole and absolute discretion, withhold its consent to be made any alterations, additions additions, or improvements to improvements, that (i) are not consistent with the first-class nature or the architectural character of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not Building; (ii) could adversely affect the structure of the Building, does not affect any the Building systems or the Building circuitry; (iii) could increase Landlord's costs of operating and maintaining the Building's systems ; (e.g., mechanical, electrical iv) would violate the terms of any applicable zoning or plumbing), does not diminish the capacity of such Building systems available to building laws or ordinances; or (v) would disturb other portions tenants of the Building, is for example, by requiring entry into the premises of other tenants; the foregoing being merely examples of reasons for which Landlord may reasonably withhold its consent and will not visible from be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the common areas foregoing examples. If Landlord consents to said alterations, improvements, or exterior additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out of such work, plans and specifications and permits necessary for such work. The work necessary to make any alterations, improvements, or additions to the Premises shall be done at Tenant's expense by employees of, or contractors hired by, Landlord, except to the extent Landlord gives its prior written consent to Tenant's hiring contractors, in which event Landlord will have the right to approve Tenant's contractor and all subcontractors to be used by Tenant's contractor, which approval will not be unreasonably withheld. Landlord may require the employment of union contractors and subcontractors who shall not cause labor disharmony. Tenant shall promptly pay to Landlord or to Tenant's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant will also pay to Landlord an amount equal to three percent (3%) of all of the Buildingcosts of such work to reimburse Landlord for its overhead and construction management services allocable to such work; provided, however, that the foregoing provisions of this sentence will not apply to the Tenant Work performed pursuant to the Work Letter attached hereto as Exhibit D. Upon completion, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the holder of any legal or beneficial interest in the land or Building harmless from all costs, damages, liens, and is expenses related to such work. All work done by Tenant or its contractors pursuant to Sections 6 or 8 hereof shall be done in full compliance a professional and workmanlike manner using only good grades of materials and shall comply with all laws, orders, ordinances, directions, requirements, insurance requirements and all applicable laws and ordinances and rules and regulations of all governmental authoritiesdepartments or agencies and the rules and regulations adopted by the Landlord for the Building. Within thirty (30) days after substantial completion of any such work by Tenant or its contractors and upon written request of Landlord, Tenant shall furnish to Landlord "as built" drawings of such work. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type visible from the exterior of the Premises without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion. Landlord's ’s consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost to or approval of the aforesaid type of alteration is less than $15,000.00). Any such any alterations, additions or improvements to (or the Demised Premises consented to plans therefor) shall not constitute a representation or warranty by Landlord shall be made by Landlord Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or under Landlord's supervision for Tenant's account with all applicable laws, and Tenant shall reimburse Landlord be solely responsible for ensuring all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statementsuch compliance. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at Notwithstanding anything to the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, contrary contained elsewhere in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereofthis Section 6, Tenant shall promptly restorehave the right, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require without Landlord's consent, or to make any alteration to the interior of the Premises (but not outside of the Premises) and which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.either:

Appears in 1 contract

Samples: Office Lease (Zebra Technologies Corp)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", A. Tenant shall not make, suffer or permit to be made make any alterations, additions or improvements to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld so long as such alterations, additions or of improvements do not impair the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure structural integrity of the Building, are not visible from the exterior of the Building and do not adversely affect the Building systems, and, if Landlord does not affect any respond to Tenant's written request (which request shall be accompanied by a reasonably detailed description of the Buildingcontemplated alterations, additions and improvements) within fifteen (15) days, after the date of such request, Landlord's consent shall be deemed granted; provided, however, Tenant may make alterations that are non-structural in character, which are not visible from the exterior of the Building and which do not adversely affect the Building systems (e.g., mechanical, electrical or plumbing), i) without Landlord's consent (but with prompt written notice to Landlord) so long as the cost thereof does not diminish exceed $100,000 during the capacity Term of this Lease, and (ii) with Landlord's prior written consent (which consent shall not be unreasonably withheld so long as such Building systems available to other portions work does not impair the structural integrity of the Building, is not visible from the common areas or exterior of the Building, Building and is does not adversely affect the Building systems) with respect to alterations in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations excess of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if $100,000 during the cost Term of the aforesaid type of alteration is less than $15,000.00Lease (collectively, the "Permitted Non-Structural Alterations"). Any such If Landlord consents to Tenant's proposed alterations, additions or improvements to the Demised Premises consented to by Premises, Landlord shall inform Tenant of its consent and promptly notify Tenant as to whether Landlord will require Tenant to remove the alteration, addition or improvement on or before the earlier to occur of the date of termination of this Lease or permanent vacating of the Premises by Tenant. It is contemplated by the parties that Tenant may construct a covered or, alternatively, an enclosed climate-controlled walkway connecting the Building to another building occupied by Tenant (the "Walkway"). Landlord hereby agrees that subject to the requirements of this Paraxxxxx 0X, Xxxxxxxx xxxll consent to Tenant's construction of the Walkway provided that (i) prior to commencement of construction of the Walkway, Tenant submits to Landlord Tenant's plans and specifications for the Walkway and Landlord approves same, which such approval shall not be made by Landlord or under unreasonably withheld; (ii) Tenant complies with the requirements of the "Alliance Development Guidelines," including, but not limited to, obtaining Development Review Board approval; and (iii) at Landlord's supervision for Tenant's account and request, Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead)shall, as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at prior to the expiration or earlier termination of the this Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations(or termination of Tenant's right of possession, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, if sooner) at its Tenant's sole cost and expense, remove the Demised Premises Walkway in a good and workmanlike manner and restore the surface to its condition immediately prior to the installation commencement of construction of the Walkway. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires without the consent of Landlord. Tenant's erection of such shelves, bins, machinery and trade fixtures and the construction of the Permitted Non-Structural Alterations shall be on the express condition that: (i) such items do not impair the structural integrity of the Premises, the Building or such improvements; (ii) such items may be removed without material injury to the Premises, and (iii) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with the "Alliance Development Guidelines". All alterations, additions additions, improvements and improvementspartitions erected by Tenant as well as the Permitted Non-Structural Alterations shall be and remain the property of Tenant during the Term of this Lease. On or before the earlier to occur of the date of termination or this Lease or permanent vacating of the Premises by Tenant, normal Tenant shall, at its sole expense, demolish and remove from the Premises all Permitted Non-Structural Alterations and shall deliver up to Landlord the Premises in its condition following the completion of the Leasehold Improvements constructed in accordance with the Working Drawings pursuant to Exhibit "C" attached hereto and made a part hereof (unless otherwise required by Landlord by written notice to Tenant as hereinabove provided), reasonable wear and tear excepted. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or impair the structural integrity of the Building and other improvements situated on the Premises. Following the completion of all alterations, additions or improvements (including Permitted Non-Structural Alterations). Tenant shall deliver to Landlord accurate, reproducible "as built" plans or such alterations, additions or improvements, as constructed. Notwithstanding anything to the contrary contained herein, it is agreed that the use of and access to the roof of the Building is expressly reserved to Landlord and is expressly denied to Tenant (except in order to permit Tenant to discharge its obligation to repair, maintain and service the HVAC unit situated on the roof of the Building and to install, repair, maintain and remove the Telecommunications Equipment as hereinafter provided or to comply with Tenant's other obligations under no circumstances be required to remove this Lease). Tenant shall not penetrate the roof of the Building in any manner, nor install or construct any alterations, additions or improvements thereon, nor otherwise use or occupy the roof as any time during the Term hereof (except such use and improvements which are part occupation of the initial improvement roof as is necessary in order to permit Tenant to discharge its obligation to repair, maintain and service the HVAC unit situated on the roof of the Demised Premises which do not require Landlord's consentBuilding and to install, repair, maintain and remove the Telecommunications Equipment or which are made to comply with Landlord's consent (unless the removal requirement is specified by Landlord at the time other provisions of initial approvalthis Lease). See Special Stipulation No. 39In those circumstances where Tenant is entitled to enter onto the roof in accordance with the preceding sentence, Tenant shall not in any event cause the roof warranty of the Building to be impaired or invalidated (in whole or in part).

Appears in 1 contract

Samples: Disturbance Agreement (Ameritrade Holding Corp)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer make or permit any other person to make any alterations to said demised premises without the written consent of Landlord first had and obtained. Should Landlord consent to the making of any alterations to said demised premises by Tenant, the alterations shall be made any at the sole cost and expense of Tenant by a contractor or other person selected by Tenant and approved in writing before work commences by Landlord. Any and all alterations, additions additions, or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for licensed contractors in a workmanlike manner to all building codes in force and at Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its ’s sole cost and expense, . During the Demised Premises to its condition Term of this Lease and any fixturing period prior to commencement of the installation Lease Term, if required by Landlord, Tenant shall also provide security for the completion thereof in the form of such alterations, additions and improvements, normal wear and tear excepteda bond or other security satisfactory to Landlord. Tenant shall under no circumstances pay and settle all expenses and liabilities arising out of or in any way connected with any and all construction, repairs, alterations or maintenance of the demised premises, and all liens of mechanics and/or material men, and all liens of a similar character, arising out of or growing out of the construction, repair, alterations or maintenance of the demised premises. Prior to the termination of this Lease or any extension thereof, Tenant shall be required permitted to remove from the demised premises all Personalty (Tenant’s fixtures, furnishings, inventory and equipment on the demised premises whether nailed, screwed, or otherwise fastened to the demised premises, including without limitation shelving, racks, counters, computer equipment, terminals, satellite dish, building signage, monument and pole sign panels, alarm system, safe, telephone system, and testing equipment, but excluding HVAC equipment and light fixtures (collectively, the “Personalty”)) placed by it or by any alterationssubtenant on the demised premises, additions provided however, Tenant shall repair all damages caused by any such removal (except for small holes caused by nails, fasteners and improvements which are the like). Any Personalty not so removed by Tenant prior to termination of this Lease or any extension thereof, shall become at once a part of the initial improvement of realty and belong to the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39without compensation to Tenant.

Appears in 1 contract

Samples: Lease (Bank of Commerce Holdings)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", A. Tenant shall not make, suffer or permit to be made make any alterations, additions or improvements to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld so long as such alterations, additions or of improvements do not impair the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure structural integrity of the Building, are not visible from the exterior of the Building and do not adversely affect the Building systems, and, if Landlord does not affect any respond to Tenant's written request (which request shall be accompanied by a reasonably detailed description of the Buildingcontemplated alterations, additions and improvements) within fifteen (15) days after the date of such request, Landlord's consent shall be deemed granted; provided, however, Tenant may make alterations that are nonstructural in character, which are not visible from the exterior of the Building and which do not adversely affect the Building systems (e.g., mechanical, electrical or plumbing), i) without Landlord's consent (but with prompt written notice to Landlord) so long as the cost thereof does not diminish exceed $100,000 during the capacity Term of this Lease, and (ii) with Landlord's prior written consent (which consent shall not be unreasonably withheld so long as such Building systems available to other portions work does not impair the structural integrity of the Building, is not visible from the common areas or exterior of the Building, Building and is does not adversely affect the Building systems) with respect to alterations in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations excess of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if $100,000 during the cost Term of the aforesaid type of alteration is less than $15,000.00Lease (collectively, the "Permitted Non-Structural Alterations"). Any such If Landlord consents to Tenant's proposed alterations, additions or improvements to the Demised Premises consented to by Premises, Landlord shall inform Tenant of its consent and promptly notify Tenant as to whether Landlord will require Tenant to remove the alteration, addition or improvement on or before the earlier to occur of the date of termination of this Lease or permanent vacating of the Premises by Tenant. It is contemplated by the parties that Tenant may construct a covered or, alternatively, an enclosed climate-controlled walkway connecting the Building to another building occupied by Tenant (the "Walkway"). Landlord hereby agrees that subject to the requirements of this Paraxxxxx 0X, Xxxxxxxx xxxll consent to Tenant's construction of the Walkway provided that (i) prior to commencement of construction of the Walkway, Tenant submits to Landlord Tenant's plans and specifications for the Walkway and Landlord approves same, which such approval shall not be made by Landlord or under unreasonably withheld; (ii) Tenant complies with the requirements of the "Alliance Development Guidelines," including, but not limited to, obtaining Development Review Board approval; and (iii) at Landlord's supervision for Tenant's account and request, Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead)shall, as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at prior to the expiration or earlier termination of the this Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations(or termination of Tenant's right of possession, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, if sooner) at its Tenant's sole cost and expense, remove the Demised Premises Walkway in a good and workmanlike manner and restore the surface to its condition immediately prior to the commencement of construction of the Walkway, Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires without the consent of Landlord. Tenant's erection of such shelves, bins, machinery and trade fixtures and the construction of the Permitted Non-Structural Alterations shall be on the express condition that: (i) such items do not impair the structural integrity of the Premises, the Building or such improvements; (ii) such items may be removed without material injury to the Premises; and (iii) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with the "Alliance Development Guidelines". All alterations, additions, improvements and partitions erected by Tenant as well as the Permitted Non-Structural Alterations shall be and remain the property of Tenant during the Term of this Lease. On or before the earlier to occur of the date of termination of this Lease or permanent vacating of the Premises by Tenant, Tenant shall, at its sole expense, demolish and remove from the Premises all Permitted Non-Structural Alterations and shall deliver up to Landlord the Promises in its condition following the completion of the Leasehold Improvements constructed in accordance with the Working Drawings pursuant to Exhibit "C" attached hereto and made a part hereof (unless otherwise required by Landlord by written notice to Tenant as hereinabove provided), reasonable wear and tear excepted. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or impair the structural integrity of the Building and other improvements situated on the Premises. Following the completion of all alterations, additions or improvements (including Permitted Non-Structural Alterations), Tenant shall deliver to Landlord accurate, reproducible "as built" plans of such alterations, additions and or improvements, normal wear as constructed. Notwithstanding anything to the contrary contained herein, it is agreed that the use of and tear exceptedaccess to the roof of the Building is expressly reserved to Landlord and is expressly denied to Tenant (except in order to permit Tenant to discharge its obligation to repair, maintain and service the HVAC unit situated on the roof of the Building and to install, repair, maintain and remove the Telecommunications Equipment as hereinafter provided or to comply with Tenant's other obligations under this Lease). Tenant shall under no circumstances be required to remove not penetrate the roof of the Building in any manner, nor install or construct any alterations, additions or improvements thereon, nor otherwise use or occupy the roof at any time during the Term hereof (except such use and improvements which are part occupation of the initial improvement roof as is necessary in order to permit Tenant to discharge its obligation to repair, maintain and service the HVAC unit situated on the roof of the Demised Premises which do not require Landlord's consentBuilding and to install, repair, maintain and remove the Telecommunications Equipment or which are made to comply with Landlord's consent (unless the removal requirement is specified by Landlord at the time other provisions of initial approvalthis Lease). See Special Stipulation No. 39In those circumstances where Tenant is entitled to enter onto the roof in accordance with the preceding sentence, Tenant shall not in any event cause the roof warranty of the Building to be impaired or invalidated (in whole or in part).

Appears in 1 contract

Samples: Lease Agreement (Ameritrade Holding Corp)

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

Appears in 1 contract

Samples: Lease Agreement (Bway Corp)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made any make no alterations, additions additions, or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's prior written consentconsent and without a valid building permit issued by the appropriate governmental agency. With respect Notwithstanding the foregoing, Tenant may make nonstructural cosmetic changes to any alteration, addition or improvement which does not affect the structure of Premises so long as the Building, same does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type which does not exceed a cumulative sum of alteration is less than $15,000.00)2,000 annually. Any Upon termination of this Lease, any such alterations, additions additions, or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead)without limitation all electrical, as Rentlighting, within ten (10plumbing, heating and air- conditioning equipment, doors, windows, partitions, drapery, carpeting, shelving, counters, and physically attached fixtures) days after receipt shall at once become part of a statement. All such the realty and belong to Landlord unless Landlord requests that part or all of the additions, alterations, additions and or improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove be removed. In such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereofcase, Tenant shall promptly restore, at its sole cost and expenseexpense promptly remove the specified additions, alterations, or improvements and repair and restore the Demised Premises to its condition prior original condition. Should Landlord consent in writing to Tenant's alteration of the installation Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, additions shall secure all appropriate governmental approvals and improvementspermits, normal wear and tear exceptedshall complete such alterations with due diligence in compliance with the plans and specifications approved by Landlord. All such construction shall be performed in a manner that will not interfere with the quiet enjoyment of other tenants of the Building. Landlord shall have the right to approve the contractor used by Tenant for any work in the Premises, and to post notices of nonresponsibility in connection with work being performed by Xxxxxx in the Premises. Work by Tenant shall comply with all laws then applicable to the Premises. Tenant shall under no circumstances be required not allow any liens to remove attach to the Building or Tenant’s interest in the Premises as a result of its activities or any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.

Appears in 1 contract

Samples: Lease Agreement

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant Subtenant shall not make, suffer or permit to be made make any alterations, additions or improvements in or to the Subleased Premises which are structural in nature or which would affect the plumbing, electrical lines or systems or HVAC systems of the Demised Building in any substantial respect without the prior written consent of Overlandlord and Sublessor. Subtenant may make cosmetic, non-structural alterations, additions or improvements in or to the Subleased Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does do not affect the structure plumbing, or electrical lines or systems or HVAC systems of the BuildingBuilding without Sublessor's prior written consent, does not affect but subject to reasonably prior notice to Sublessor and Overlandlord, as to any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements costing Seven Thousand Five Hundred ($7,500) Dollars or more. All other alterations, additions or improvements in or to the Demised Subleased Premises consented shall require Sublessor's prior written consent, which shall not be unreasonably withheld, subject to by Landlord shall be made by Landlord or the approval of Overlandlord if required under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for the Main Lease. Subtenant covenants that it will cause all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenantto be performed at Subtenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, expense and in a manner which: (a) is consistent with the Demised Premises to its condition prior approved plans and specifications and any conditions imposed by Sublessor or Overlandlord in connection therewith (if applicable); (b) is in conformity with high quality commercial standards; (c) includes reasonably acceptable insurance coverage for Sublessor's and Overlandlord's benefit; (d) does not adversely affect the structural integrity or building systems of the Building; (e) does not disrupt the business or operations of any tenants in the Building; and (f) does not invalidate or otherwise affect the construction and systems warranties then in effect with respect to the installation Building. Subtenant or Subtenant's contractor shall: (i) secure all governmental permits and approvals, as well as comply with all other applicable governmental requirements and restrictions; (ii) reimburse Sublessor for all reasonable expenses incurred in connection therewith; and (iii) comply with any reasonable requirements of Sublessor's construction consultant imposed in connection therewith, if any. Subtenant shall indemnify, defend and hold harmless Sublessor from and against all losses, liabilities, damages, liens, costs, penalties and expenses (including attorney's fees, but without waiver of the duty to hold harmless) arising from or out of the performance of such alterations, additions and improvements, normal wear including, but not limited to, all which arise from or out of Subtenant's breach of its obligations under the terms of this Paragraph. Subject to Article 3 and tear excepted. Tenant shall under no circumstances be required to remove any the other provisions of the Main Lease, all alterations, additions and improvements which are improvements, except Subtenant's trade fixtures, moveable office furniture and equipment, shall upon expiration or termination of this Sublease immediately become the property of Sublessor without any obligation on its part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39to pay therefor.

Appears in 1 contract

Samples: Marvel Enterprises Inc

Alterations. Except Tenant shall be permitted to make such alterations and modifications to the Plant on the Leased Premises as it desires, including by way of example and not limitation, a hydrotreater, a hydrocracker, a propane de-asphalting unit, and miscellaneous grease and lubricant manufacturing equipment ("Proposed Alterations"), , without the consent of Landlord, provided that Tenant gives Landlord reasonable notice and that all such alterations or modifications are performed and completed in a safe and prudent manner, in accordance with all Laws, and in such a manner not to adversely affect or impair Landlord’s operations at the Storage Facility or its ability to perform its obligations under the Related Agreements. Tenant shall be permitted to make alterations and modifications to the Office/Warehouse, the Parking Lot and other improvements on the Leased Premises owned by Landlord, with the prior written consent of Landlord, not to be unreasonably withheld, and provided further that Tenant gives Landlord reasonable notice and that all such alterations or modifications are performed and completed in a safe and prudent manner, in accordance with all Laws, and in such a manner not to adversely affect or impair Landlord’s operations at the Storage Facility or its ability to perform its obligations under the Related Agreements. Tenant will be solely responsible, for any initial improvement liabilities or obligations arising out of the Demised Premises pursuant construction or operation of such alterations or modifications. Landlord will cooperate with Tenant to EXHIBIT "D"the extent required by regulatory or other governmental authorities with jurisdiction over any such alterations or modifications at no cost to Landlord apart from administrative assistance, which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With and with respect to any alterationair quality permitting requirements associated with the Proposed Alterations, addition Landlord agrees that any new construction, alterations or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical modifications being made or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements proposed by Landlord to the Demised Premises consented Storage Facility will not adversely affect Tenant's ability to obtain such air quality permits, it being agreed that the Proposed Alterations will have priority over any alterations to the Storage Facility planned or constructed by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at with respect to air quality permits; provided that the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which Proposed Alterations are part of completed during the initial improvement Term of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39this Lease.

Appears in 1 contract

Samples: Land Lease (Vertex Energy Inc.)

Alterations. Tenant shall not make any alterations, improvements, additions, utility installations or repairs (hereinafter collectively referred to as "Alterations") to the Premises, except in accordance with this Section 4.2 and with the prior written consent of Landlord, which Landlord agrees not unreasonably to withhold, condition or delay as to nonstructural Alterations (nonstructural Alterations being those that do not materially, adversely affect the Building's structure, roof, exterior or mechanical, electrical, plumbing, life safety or other Building systems or architectural design, character or use of the Building or Premises). Without limiting any of the terms hereof, Landlord will not approve any Alterations requiring unusual expense to readapt the Premises to normal office use on lease termination or increasing the cost of construction, insurance or taxes on the Building or of Landlord's services to the Premises, unless Tenant first gives assurances or security acceptable to Landlord that such re-adaptation will be made prior to such termination without expense to Landlord and makes provisions acceptable to Landlord for payment of such increased cost. All Alterations made by Tenant shall be made in accordance with plans and specifications which have been approved in writing by the Landlord, in Landlord's reasonable discretion, pursuant to a duly issued permit, and in accordance with all Laws and Restrictions, the provisions of this Lease and in a good and first-class workmanlike manner using new materials of same or better quality as base building standard materials, free of all liens and encumbrances. All Alterations shall be performed by a contractor or contractors selected by Tenant and approved in writing by Landlord, in Landlord's reasonable discretion. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D"non-structural Alteration costing less than $10,000.00 (per such Alteration), Tenant shall not make, suffer or permit pay to be made any alterations, additions or improvements Landlord a fee equal to or the lesser of (i) five percent (5%) of the Demised Premises cost of any such Alterations, or (ii) Landlord's actual costs incurred, to compensate Landlord for the overhead and other costs it incurs in reviewing the plans therefor and in monitoring the construction of the Alterations; in the event any non-structural Alteration costing less than $10,000.00 requires Landlord's specific review or monitoring, Tenant shall pay the reasonable third party cost therefor incurred by Landlord. If, as a result of any Alterations made by Tenant, Landlord is obligated to comply with the Americans With Disabilities Act or any part thereof, other Laws or attach Restrictions and such compliance requires Landlord to make any fixtures improvement or equipment thereto, without first obtaining Landlord's written consent. With respect Alteration to any alteration, addition or improvement which does not affect the structure portion of the Building, does not affect as a condition to Landlord's consent, Landlord shall have the right to require Tenant to pay to Landlord prior to the construction of any Alteration by Tenant, the entire cost of any improvement or alteration Landlord is obligated to complete by such law or regulation. Tenant agrees to obtain or cause its contractor(s) to obtain, prior to the commencement of any work or Alterations, "builder's all risk" insurance in an amount and with such commercially reasonable coverages approved by Landlord and worker's compensation insurance in the statutorily required amount(s) and evidence of all such insurance shall be furnished to Landlord prior to the performance by such contractor(s) or person(s) of any work in respect of the BuildingPremises. Landlord shall have the right to stop any work not being performed in conformance with this Lease, and, at its option, but only after notice to Tenant and Tenant fails to promptly remedy such non-conformance, may repair or remove non-conforming work at the expense of Tenant. Tenant hereby indemnifies and holds Landlord harmless from and against any liens, encumbrances and violations of Laws and Restrictions. The filing of any lien or encumbrance, or the violation of Laws or Restrictions, shall constitute a default hereunder. The repair and indemnity obligations of Tenant hereunder, including Tenant's systems obligations to repay Landlord the cost of repairing or removing Alterations, shall survive the termination of this Lease. All Alterations performed by Tenant in the Premises shall remain therein (e.g.unless, mechanical, electrical or plumbing), does not diminish at the capacity time of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if therefore, Landlord directs Tenant to remove the cost same on termination or expiration of the aforesaid type of alteration is less than $15,000.00). Any such alterationsthis Lease) and, additions at termination or improvements to the Demised Premises consented to by Landlord expiration, shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including surrendered as a reasonable charge for Landlord's overhead)part thereof, as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's usual trade fixtures fixtures, furniture and computer and electronic equipment) shall become Landlord's property at the expiration equipment installed prior to or earlier termination of during the Lease Term term at Tenant's cost, which trade fixtures, furniture and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, equipment Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition remove in their entirety prior to the installation termination or expiration of such alterations, additions and improvements, normal wear and tear exceptedthis Lease. Tenant shall under no circumstances be required agrees to remove repair any alterationsand all damage to the Premises resulting from such removal (including removal of Tenant's Alterations directed by Landlord) or, additions if Tenant fails to do so and improvements which are part Landlord so elects, to pay Landlord for the cost of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39any such repairs forthwith after billing therefor.

Appears in 1 contract

Samples: Lease Agreement (Soundbite Communications Inc)

Alterations. Except for any initial improvement LESSEE'S ALTERATIONS 11. Lessee hereby agrees that prior to the commencement of the Demised Premises pursuant alterations to EXHIBIT "D"premises by a contractor other than Lessor's, which Lessor shall be governed by the provisions of approve in writing said EXHIBIT "D", Tenant shall not make, suffer or permit alterations to be made any and said contractor hired to perform said alterations. Any alterations so made shall be of a quality equal to or exceeding building standard. Lessor hereby reserves the right to require said contractor to provide lien waivers and liability insurance covering said alterations to be performed and such other instruments as may be necessary to protect Lessor in such instances. Upon termination of the Lease, all erections, additions, alterations, additions fixtures and improvements, whether temporary or improvements to or permanent in character (excepting Lessee's moveable trade fixtures and office furniture removed in compliance with Paragraph 20 of the Demised Premises Lease) made in or upon the leased premises, either by the Lessee or the Lessor, shall be the Lessor's property and shall remain upon said premises without any part thereof, or attach any fixtures or equipment theretocompensation to Lessee. PROVIDED BY LESSOR SERVICES OF LESSOR 12. The Lessor hereby covenants that it will, without first obtaining Landlord's written consentcharge, at the proper season, during reasonable hours (8:00 A.M. to 6:00 P.M., Mondays through Fridays and Saturdays from 8:00 A.M. to 1:00 P.M.) furnish electric current, air conditioning and heat in its judgment sufficient to reasonably cool or heat the premises, cessation caused by strike, accident or reasonable necessity excepted. With respect Lessor will also cause the leased premises (except where the same consist of retail space) to any alteration, addition or improvement which does not affect be cleaned and generally cared for by its janitor in accordance with the structure standards of the Buildingbuilding, does not affect any of cessation caused by strike, accident or reasonable necessity excepted. Lessor will also pay the Building's systems (e.g.water rate for water reasonably used on the leased premises. It will also furnish electric current to the leased premises for lighting and business machine purposes only, mechanicalsuch as electric typewriters, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, adding and is in full compliance with all laws, orders, ordinances, directions, requirements, rules small calculating machines. Electric current and regulations of all governmental authorities. Landlord's consent installation for electronic data processing type equipment shall not be unreasonably withheld (and Landlord's consent shall not be required if at the cost of the aforesaid type Lessee. In no event shall the Lessor be liable for damages from the stopping of alteration is less than $15,000.00)service or for any of the fixtures or equipment in said building being out of repair, or for injury to persons or property caused by any defects in the heating, electric, air conditioning equipment or water apparatus, or for any damages arising out of the failure to furnish said heating or air conditioning, water, janitor service or electric current. Any Lessor shall provide a reasonable amount of parking area, without charge, for Lessee's employees and visitors in areas, as are designated by Lessor from time to time, in the vicinity of the building in which the leased premises are situated. In the event the Lessee utilizes the services provided by Lessor as specified in this Paragraph in amounts or for periods in excess of that provided herein, or in the event the Lessee utilizes electric current or other utilities in excess of the amount which would be typically utilized by a normal business office use of the leased premises, then the Lessor shall have the right to charge Lessee as additional rent a reasonable sum as reimbursement for the direct cost of such alterationsadditional use or services. In the event of a disagreement at the reasonableness of the amount of such additional rent, additions or improvements to the Demised Premises consented to opinion of a qualified local independent professional engineer selected by Landlord Lessor shall be made by Landlord or under Landlord's supervision for Tenant's account binding upon Lessor and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39Lessee.

Appears in 1 contract

Samples: Lease Agreement (Cross Media Marketing Corp)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT Exhibit "D", which shall be governed by the provisions of said EXHIBIT Exhibit "D", Tenant shall not make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment theretothereto except for Tenant's trade fixtures and equipment, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. , Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00)withheld. Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten thirty (1030) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant at the time Landlord grants its approval to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.

Appears in 1 contract

Samples: Lease Agreement (Focal Communications Corp)

Alterations. Except for any the initial improvement of the Demised Premises pursuant improvements to EXHIBIT "D", be undertaken by Tenant as provided in Section 25 hereof (which shall be governed are hereby approved by the provisions of said EXHIBIT "D"Landlord), Tenant shall not make, suffer or permit to be made make any material alterations, additions or improvements to or of the Demised Premises or any part thereofadditions, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at Tenant's own cost and expense and in a good, workmanlike manner, make such minor alterations, additions, or improvements or erect, remove, or alter such partitions, or erect such shelves, bins, machinery, and trade fixtures as it may deem advisable, without altering the basic character of the Building or improvements, without affecting the structural or loadbearing elements of the Building or improvements, without overloading or damaging such Building or improvements or any utility systems servicing same, and without interference to by Landlord shall be made by Landlord the other occupants of the Building or under any other of Landlord's supervision for tenants, and in each case complying with all applicable governmental laws, ordinances, regulations, and other requirements. At the termination of this lease, Tenant shall, if Landlord, in its reasonable discretion, so elects, and at Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, remove all alterations, additions, improvements, and partitions erected by Tenant and restore the Demised Premises to its condition prior their original condition; otherwise, such improvements shall be delivered to Landlord with the installation of such alterationsPremises. Notwithstanding the above, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances not be required to remove any alterationsor restore the following: (i) exterior entrance ramp and overhead door need not be removed, additions (ii) doors on the north wall need not be reopened, and improvements which are part (iii) Tenant installed showers and restrooms need not be removed. All shelves, bins, machinery, and trade fixtures installed by Tenant may be removed by Tenant at the termination of this lease, if Tenant so elects, so long as no event of default by Tenant is then in existence, and shall be removed if required by Landlord. All such removals and restorations shall be accomplished in a good, workmanlike manner so as not to damage the primary structure or structural qualities of the initial improvement Building and other improvements situated on the Premises. Any fixtures installed in the Premises by Tenant other than shelves, bins, machinery, and similar trade fixtures shall become the property of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39when installed.

Appears in 1 contract

Samples: Lease Agreement (Omniquip International Inc)

Alterations. Except for 7. (A) Tenant shall make no changes in or to the Premises of any initial improvement nature without Landlord's prior written consent. Subject to the prior written consent of the Demised Premises pursuant Landlord, and to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D"this Article, Tenant shall not makeat Tenant's expense, suffer or permit to be made any may make alterations, installations, additions or improvements ("Alterations") which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to or the interior of the Demised Premises by using contractors or any part thereof, or attach any fixtures or equipment thereto, without first obtaining mechanics from Landlord's written consentapproved list of contractors. With respect Tenant agrees that all Alterations shall be performed by Tenant in accordance with Landlord's Uniform Rules and Regulations for Alterations. Tenant agrees to use Landlord's approved engineer for the Building for the preparation of all construction documents and drawings pertaining to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the BuildingAlterations and to use Landlord's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available architect to other portions of the Building, is not visible file all plans with and obtain all required permits from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all appropriate governmental authorities. Landlord's consent shall not be unreasonably withheld (All fixtures and Landlord's consent shall not be required if all paneling, partitions, railings and like installations, installed in the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterationspremises at any time, additions either by Tenant or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for in Tenant's account and Tenant shall reimburse behalf, shall, upon installation, become the property of Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on upon and be surrendered with the Demised Premises without compensation to Tenant unless Landlord elects Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this Lease, elects to relinquish Landlord's right thereto and to have Tenant remove such alterations, additions and improvementsthem removed by Tenant, in which event, notwithstanding the same shall be removed from the premises by Tenant prior to the expiration of this Lease, at Tenant's expense. Nothing in this article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereofitems from the premises or upon removal of other installations as may be required by Landlord, Tenant shall promptly restoreimmediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the Premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the premises by Landlord at Tenant's expense. Tenant shall, before making any Alterations, at its sole cost and expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such workmen's compensation, general liability, personal and property damage insurance as Landlord may require. If any mechanic's lien is filed against the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consentPremises, or which are made with Landlordthe Building for work claimed to have been done for, or materials furnished to, Tenant, whether or not pursuant to this Article, the same shall be discharged by Tenant within ten days thereafter, at Tenant's consent (unless expense, by filing the removal requirement is specified bond required by Landlord at the time of initial approval). See Special Stipulation No. 39law.

Appears in 1 contract

Samples: Lease Commencement Agreement (Techsys Inc)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer make or permit to be made any other improvements, alterations, additions fixed decorations, substitutions or improvements modifications, structural or otherwise, to or the Premises (“Alterations”) without the prior written approval by Landlord of the Demised Premises or any part thereofcomplete and final plans and specifications prepared and submitted by Tenant, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall approval may not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00)withheld, conditioned or delayed. Any such alterations, additions or improvements to the Demised Premises consented to by Landlord All Alterations shall be made by Landlord or under Tenant’s contractor (which has been approved by Landlord's supervision ) at Tenant’s sole cost, payable by Tenant only after Tenant has obtained all necessary permits from governmental authorities for the Alterations. Notwithstanding anything to the contrary contained in this Section, Tenant shall have the right from time to time and at any time, without Landlord’s consent, to perform the following work within the Premises, provided such work does not affect the base building structure or systems, including but not limited to, the HVAC, mechanical, electrical and plumbing systems: (i) install, remove and relocate nonstructural office partitioning, (ii) paint and install wall coverings, (iii) install and remove office furniture, (iv) relocate electrical outlets, (v) install and remove work stations, (vi) install and remove Tenant's account ’s equipment (including office equipment and laboratory equipment and instruments used in the operation of Tenant’s business) and perform cable pulls in connection therewith, and (vii) install and remove carpeting and other floor coverings. If any mechanic’s lien is filed against the Premises for work or materials furnished to Tenant (other than by Landlord) the lien shall be discharged by Tenant within thirty (30) days after Tenant receives written notice of the lien, solely at Tenant’s expense, by either paying off or bonding off the lien. Should Tenant fail to discharge any lien within thirty (30) days of Tenants receipt of notice of its filing, then, in addition to Landlord’s other remedies, Landlord shall have the right, but not the obligation, to discharge said lien at Tenant’s expense and Tenant shall reimburse pay on demand, as Additional Rent, any amount plus the Default Rate paid by Landlord for the discharge or satisfaction of any such liens, and all attorney’s fees and other costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt and expenses of a statement. All Landlord reasonably incurred in defending any such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at action or in obtaining the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation discharge of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39lien.

Appears in 1 contract

Samples: Lease Agreement (Commonwealth Biotechnologies Inc)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", (a) Tenant shall not make, suffer or permit to be made make any alterations, additions or improvements to or the Premises (including but not limited to roof and wall penetrations) without the prior written consent of the Demised Premises or any part thereof, or attach any fixtures or equipment theretoLandlord. Tenant may, without first obtaining the consent of Landlord's written consent. With respect to any alteration, addition or improvement which but at its own cost and expense and in a good workmanlike manner, erect such shelves, bins, machinery and trade fixtures as it may deem advisable, so long as such work is non-structural in nature, does not affect the structure roof or any area outside of the BuildingPremises, does not materially affect any of the Building's electrical, plumbing, HVAC or mechanical systems (e.g.in the Building or servicing the Premises, mechanical, electrical or plumbing)the sprinkler or other life safety system, does not diminish overload or damage the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Buildingimprovements, and is in full compliance each case complying with all applicable governmental laws, orders, ordinances, directionsregulations and other requirements. All alterations, requirementsadditions, rules improvements and regulations partitions erected by Tenant shall be and remain the property of Tenant during the Lease Term and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all governmental authorities. Landlord's consent shall not be unreasonably withheld (alterations, additions, improvements and Landlord's consent shall not be required if partitions erected by Tenant and restore the cost Premises to their original condition by the Expiration Date or upon earlier vacating of the aforesaid type Premises by Tenant at Tenant’s sole cost and expense; provided, however, that if Landlord so elects prior to the Expiration Date or earlier vacating of alteration the Premises, all such alterations, additions, improvements and partitions shall become the property of Landlord and shall be delivered up to Landlord with the Premises. All non-permanently affixed racks, shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the Expiration Date if Tenant so elects, and shall be removed by the Expiration Date or upon earlier vacating of the Premises if required by Landlord. Upon any such removal, Tenant shall restore the Premises to their original condition, reasonable wear and tear excepted. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the primary structure or structural qualities of the Building and other improvements situated within the Premises. With regard to Tenant’s Work and to any alterations, additions or improvements made by Tenant to the Premises for which Landlord consent is less than $15,000.00required pursuant to Section 8(a), Tenant shall: (i) establish a construction disbursement account or record a surety bond; (ii) record a notice of posted security; and (iii) timely comply with all other requirements of Nevada Revised Statutes (“NRS”) Chapter 108, including, without limitation, NRS Chapter 108.2403 and NRS 108.2407, and for the providing of security, the noticing of posted security, and all other requirements of NRS Chapter 108 or its successor statutes as such statutes apply to Tenant’s Work or to alterations, additions or improvements for which Landlord consent is required pursuant to Section 8(a). Any In that regard, prior to the commencement of Tenant’s Work or any alterations, additions or improvements for which Landlord consent is required pursuant to Section 8(a), Tenant shall furnish Landlord with evidence, reasonably acceptable to Landlord, that (x) the accounts or bonding required by NRS Chapter 108 are in place and established, and (y) Landlord shall be notified by the bonding agent/account officer, in writing, thirty (30) days prior to cancellation, material change, or nonrenewal of such account/bonding. Landlord may, from time to time, prepare, record and deliver, as required by NRS 108.234, notices of non-responsibility that Landlord deems necessary or appropriate in connection with Tenant’s Work or any alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for on behalf of Tenant's account ; and Tenant shall reimburse promptly provide Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), such documents and instruments requested by Landlord in connection with the same. Tenant agrees that this Section 8(b) serves as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall required under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approvalNRS 108.234(3)(e). See Special Stipulation No. 39.

Appears in 1 contract

Samples: Lease Agreement (Leatt Corp)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made make any alterations, additions or improvements to or the Premises (including, but not limited to, roof and wall penetrations) without the prior written consent of the Demised Premises or any part thereofLandlord, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and withheld. If Landlord consents to Tenant's contractors doing the work, Landlord may require, at Landlord's consent shall not be required if sole option, that Tenant provide, at Tenant's expense, a lien and completion bond in an amount equal to one, and one half (1-1/2) times any and all estimated costs of improvements, additions or alterations in the cost Premises to insure Landlord against any liability for mechanic's and materialmen's liens which may arise in accordance with Paragraph 23 of this Lease Agreement and to insure completion of the aforesaid type work. Tenant may, without the consent of alteration is less than $15,000.00)Landlord, but at its own cost and expense and in a good workmanlike manner, erect such shelves, bins, equipment, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging the building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. Any All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements, and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises; provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account additions, improvements, and Tenant shall reimburse Landlord for all costs thereof partitions (including a reasonable charge for Landlord's overhead)other than shelves, as Rentbins, within ten (10) days after receipt of a statement. All such alterationsequipment, additions machinery, and improvements (except for Tenant's trade fixtures and computer and electronic equipmentfixtures) shall become Landlord's the property at of Landlord as of the expiration or earlier date of termination of this Lease or upon earlier vacating of the Lease Term Premises and shall remain on be delivered up to the Demised Landlord with the Premises. All shelves, bins, equipment, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises without compensation to Tenant unless Landlord elects if required by notice to Tenant to have Tenant remove Landlord. Upon any such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereofremoval, Tenant shall promptly restore, at its sole cost and expense, restore the Demised Premises to its their original condition prior to which existed at the installation time of such alterationsTenants occupancy, additions and improvements, normal reasonable wear and tear excepted. Tenant All such removals and restoration shall under no circumstances be required accomplished in a good workmanlike manner so as not to remove any alterations, additions and improvements which are part damage the primary structure or structural qualities of the initial improvement of building and other improvements situated on the Demised Premises which do Premises. It is understood that building sprinkler systems are not require required by law or ordinance at this time; however, if such a system is required by ordinance or building code, it will be installed at Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39expense.

Appears in 1 contract

Samples: Lease Agreement (Industrial Data Systems Corp)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made make any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such structural alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Property without the prior written consent of Landlord's supervision for . Notwithstanding the aforesaid, Tenant, at Tenant's account sole cost and expense, may construct interior non-structural alterations, additions or improvements to the Premises, or install such trade fixtures as Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead)may deem necessary, so long as Rentsuch improvements and trade fixtures do not penetrate or disturb the structural integrity and support provided by the roof, within ten (10) days after receipt of a statementexterior walls or subfloors. All such improvements and trade fixtures shall be constructed and/or installed in a good and workmanlike manner, and in compliance with all applicable governmental and quasi-governmental laws, ordinances and regulations, as well as all requirements of Landlord's insurance carrier. Tenant may remove all alterations, additions additions, improvements and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at installed by Tenant from the Premises upon the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove this Lease; and, upon such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereofremoval, Tenant shall promptly restore, at its sole cost and expense, repair the Demised Premises to its a condition prior substantially similar to the installation of such alterationsthat condition when received by Tenant, additions and improvements, except for normal wear and tear exceptedand damage due to casualty. Notwithstanding the aforesaid, all such alterations, additions, or improvements left by Tenant after lease termination shall remain within the Premises upon the termination of this Lease, and shall be delivered up to Landlord along with the Premises. Landlord shall have no right to any of Tenant's trade fixtures; and, except as otherwise set forth in this Lease, Tenant may remove such trade fixtures upon the termination of this Lease, provided Tenant repairs any damage caused by such removal. Upon termination of this lease, Tenant shall under no circumstances be required restore the premises to remove its prior condition for any alterations, additions and or improvements which are part of the initial improvement of the Demised Premises which do not require made without Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.

Appears in 1 contract

Samples: Warehouse Lease Agreement (Nooney Realty Trust Inc)

Alterations. Except for Tenant shall make no changes in or to the demised premises of any initial improvement nature without Owner's prior written consent. Subject to the prior written consent of the Demised Premises pursuant Owner, and to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D"this article, Tenant shall not makeTenant, suffer or permit to be made any at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to or the interior of the Demised Premises demised premises by using contractors or mechanics first approved in each instance by Owner. Tenant shall, before making any part thereofalterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or attach any fixtures the building of which the same forms a part, for work claimed to have done for, or equipment theretomaterials furnished to, without first obtaining Landlord's written consent. With respect Tenant, whether or not done pursuant to any alterationthis article, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to by Landlord same shall be made discharged by Landlord or under Landlord's supervision for Tenant within 30 days thereafter, at Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead)expense, as Rent, within ten (10) days after receipt of a statementby payment or filing the bond required by law. All such alterationsfixtures and all paneling, additions partitions, railings and improvements (except for like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant's trade fixtures and computer and electronic equipment) shall behalf, shall, upon installation, become Landlord's the property at the expiration or earlier termination of the Lease Term Owner and shall remain on upon and be surrendered with the Demised Premises without compensation to Tenant demised premises unless Landlord elects Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's rights thereto and to have Tenant remove such alterations, additions and improvementsthem removed by Tenant, in which event, notwithstanding the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereoffrom the premises or upon removal of other installation as may be required by Owner, Tenant shall promptly restoreimmediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at its sole cost and the election of Owner, either be retained as Owner's property or may be removed from the premises by Owner at Tenant's expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.

Appears in 1 contract

Samples: Berkshire Bancorp Inc /De/

Alterations. Except a Tenant shall make no alterations, additions or improvements in or to the Premises without Landlord's prior written consent,* and then only by contractors or mechanics approved by Landlord such consents and approvals by Landlord shall not be unreasonably withheld or delayed. Tenant shall submit to Landlord plans and specifications for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made any proposed alterations, additions or improvements to the Premises, and may not make such alterations, additions or improvements until Landlord has approved of such plans and specifications. Tenant shall construct such alterations, additions or improvements in accordance with the Demised Premises plans and specifications approved by Landlord, and shall not amend or any part thereof, or attach any fixtures or equipment thereto, modify such plans and specifications without first obtaining Landlord's prior written consent. With respect If the proposed change requires the consent or approval of any lessor of a superior lease, or the holder of a mortgage encumbering the Premises, such consent or approval must be secured prior to any the construction of such alteration, addition or improvement improvement.** Tenant agrees that there shall be no construction of partitions or other obstructions which does not affect the structure might interfere with Landlord's free access to mechanical installations or service facilities of the Building, does not affect any building or interfere with the moving of the BuildingLandlord's systems (e.g., mechanical, electrical equipment to or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas enclosures containing said installations or exterior of the Building, facilities. All such work shall be done at such times and is in such manner as Landlord may from time to time designate. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, directions, requirements, rules regulations and regulations requirements of all governmental authorities. Landlord's consent shall not be unreasonably withheld (agencies, offices and Landlord's consent shall not be required if boards having jurisdiction, and in full compliance with the cost rules, regulations and requirements of the aforesaid type Insurance Service Office, and of alteration is less than $15,000.00)any similar body. Any such alterationsBefore commencing any work, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse give Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within at least ten (10) days after receipt written notice of a statement. All the proposed commencement of such work and shall, if required by Landlord and other than for the work described in the Work Letter Agreement of even date herewith secure at Tenant's own *unless such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consentadditions, or which improvements are made with Landlord's consent less than a cost of Five Thousand and No/100 Dollars (unless the removal requirement is specified by Landlord at the time of initial approval$5,000.00). See Special Stipulation No. 39**and Landlord agrees to cooperate in obtaining any such consent or approval.

Appears in 1 contract

Samples: Letter Agreement (Stac Inc)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, make or suffer or permit to be made any alterations, additions additions, or improvements in, on, or to or of the Demised Premises or any part thereofthereof without the prior consent of Landlord; provided, or attach any fixtures or equipment theretohowever, that Tenant shall be permitted to make interior, non-structural alterations o the Premises without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does ’s consent provided such alterations do not affect the structure Building’s MEP systems, life safety systems, HVAC system or structural integrity and do not cost more than $20,000 in any twelve (12) month period.. Any such alterations, additions, or improvements in, on, or to said Premises, except for Tenant’s movable furniture and equipment, shall immediately become Landlord’s property and, at the end of the Buildingterm hereof, does not affect shall remain on the Premises without compensation to Tenant. In the event Landlord consents to the making of any of such alteration, addition, or improvement by Tenant, the Building's systems (e.g.same shall be made by Tenant, mechanicalat Tenant’s sole cost and expense, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance accordance with all applicable laws, orders, ordinances, directions, requirements, rules and regulations and all requirements of Landlord’s and Tenant’s insurance policies, and in accordance with plans and specifications approved by Landlord and any contractor or person selected by Tenant to make the same and all governmental authoritiessubcontractors must first be approved in writing at the time of installation by Landlord. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if Upon the cost expiration or sooner termination of the aforesaid type term herein provided, Tenant shall, at Tenant’s sole cost and expense, forthwith and with all due diligence, remove any or all alterations, additions, or improvements made by or for the account of alteration is less than $15,000.00). Any such Tenant which were designated by Landlord at the time of installation in writing as alterations, additions or improvements to the Demised Premises consented to that must be removed by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and Lease. Otherwise, Tenant shall remain on the Demised Premises without compensation have no obligation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove any such alterations, additions and or improvements. In addition, notwithstanding anything herein to the contrary, in which eventthe event the Tenant is permitted to remove an improvement within the Premises, notwithstanding any contrary provisions respecting such alterationsor in the event the permitted alteration to the Premises includes demolition, additions and improvements contained in Article 32 hereof, the Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances not be required to remove replace any alterations, additions and such improvement or to construct any improvements which are part upon the termination of the initial improvement of the Demised Premises which do not require Landlord's consent, or which are made with Landlord's consent (Lease unless the removal requirement is specified by Landlord required the same at the time of initial approval). See Special Stipulation No. 39the Landlord granted its consent to such alterations.

Appears in 1 contract

Samples: Office Lease Agreement (Neenah Paper Inc)

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