Common use of Alterations Clause in Contracts

Alterations. Absent Landlord’s written consent, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense

Appears in 3 contracts

Sources: Office Lease, Office Lease, Office Lease

Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. With Landlord’s written consentSuch consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant’s '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 same and all subcontractors must first be approved in writing by 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 make 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, installations 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 “Alterations”) premises to their original condition by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this lease or other operations or services upon earlier vacating of the Premises and which are done by contractors and sub-contractors approved by premises; provided, however, that if Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities so elects prior to termination of this lease or other agencies having jurisdiction upon earlier vacating of the Premises premises, such alterations, additions, improvements and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Office, premises if required by Landlord; upon any such removal Tenant shall remove all personal property restore the premises to their original condition with consideration for normal wear and installations tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the building and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensepremises.

Appears in 3 contracts

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

Alterations. Absent LandlordA. Lessee shall not make any additions, alterations, or changes in the Leased Premises without first obtaining Lessor’s written consent, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in natureapproval, which do approval will not effect be unreasonably withheld. Notwithstanding the Servicesforegoing, utilities or other operations or services of Lessee may install in the Leased Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or other agencies having jurisdiction modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the Alterations and upon receiving sameproperty of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord not less than 180 days prior to Tenant’s commencing the Alterations. Should expiration of the Lease term, a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien written list of all Structural Modifications; within thirty (30) days of said filing at Tenant’s sole cost receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and expensefixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. Any installation In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of materialsand repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, fixtures and or, in the like shall become event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the property of Landlord upon such installation items to be removed, and shall remain in be diligently conducted to completion. B. Lessee covenants and agrees to keep the Office upon ▇▇▇▇▇▇’s surrender premises free and clear of same. Howeverall liens and encumbrances of whatsoever kind, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershipgranted or claimed by, in which eventthrough, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseunder Lessee.

Appears in 3 contracts

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

Alterations. Absent Tenant shall not do any painting or decorating, or erect any partitions, make any alterations in or additions to the Premises or do any nailing, boring or screwing into the ceilings, walls or doors, without Landlord’s 's prior written consentconsent in each and every instance. Unless otherwise agreed by Landlord and Tenant in writing, all such work shall be performed either by or under the direction of Landlord, but at the sole cost of Tenant. Landlord's decision to refuse such consent shall be conclusive. If Landlord consents to such alterations or additions, before commencement of the work or delivery of any materials into the Premises or into the Building, Tenant shall furnish Landlord for approval: (A) Plans and specifications; (B) Names and addresses of contractors; (C) Copies of contracts; (D) Necessary permits; and (E) Indemnification and insurance in form and amount satisfactory to Landlord from all contractors performing labor or furnishing materials, insuring against any and all claims, costs, damages, liabilities and expenses which may make no arise in connection with the alterations or additions. Landlord may withhold approval of any alteration or additions if the plans and specifications therefor are not acceptable to Landlord or Landlord's architect or engineer (if any). In connection with any request for approval of any alterations or additions by Tenant, Landlord may retain the services of an outside architect and/or engineer and the reasonable fees of such architect and/or engineer shall be reimbursed to Landlord by Tenant. Landlord's approval of any plans or specifications shall not be construed to be an agreement or representation on Landlord's part as to the Officeadequacy or suitability of Tenant's alterations or additions. With In the event Landlord permits the alterations or additions to be completed by Tenant's contractor, Landlord reserves the right to require that Tenant shall terminate its contract with any such contractor in the event said contractor shall be engaged in a labor dispute which disrupts said contractor work. Landlord shall also have the right to order any contractor of Tenant who violates any of Landlord’s written consent's requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Building. Landlord or the managing agent of the Building shall be entitled to charge a fee for supervision and coordination of all such alterations. Tenant agrees that its contractors shall not conduct their work in such a manner so as to interfere with or cause any interruption of either (A) Landlord's construction; (B) another tenant's occupancy or construction; or (C) other phases of Landlord's operation of the Building. Tenant hereby agrees to indemnify and hold Landlord, its beneficiaries, partners and their respective agents and employees 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 or additions. Any mechanic's lien filed against the Premises, or the Project, for work claimed to have been furnished to Tenant shall be discharged of record or bonded against by Tenant within ten (10) days thereafter, at Tenant's expense. Upon completing any alterations or additions, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used. All alterations and additions shall comply with all insurance requirements and with all ordinances and regulations of any pertinent governmental authority. All alterations and additions shall be constructed in a good and workmanlike manner and only good grades of materials shall be used. All additions, decorations, fixtures, hardware, non-trade fixtures and all improvements, temporary or permanent, in or upon the Premises, whether placed there by Tenant or by Landlord, shall, unless Landlord requests their removal, become Landlord's property and shall remain upon the Premises at the termination of this Lease, by lapse of time or otherwise, without compensation or allowance or credit to Tenant. Landlord may, at its sole option, request Tenant, at Tenant’s 's sole cost cost, to remove same at the termination of the Term, and expenseif, may make alterationsupon Landlord's request, installations and improvements (the “Alterations”) to the Office provided they are Tenant does not remove said additions, decorations, fixtures, hardware, non-structural in naturetrade fixtures and improvements, which do not effect Landlord may remove the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence pay the cost of such insurance removal to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensedemand.

Appears in 3 contracts

Sources: Office Lease (Biotel Inc.), Asset Purchase Agreement (Biotel Inc.), Office Lease (Biotel Inc.)

Alterations. Absent Landlord’s Sublessee shall at its own expense, make, or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any Government Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions including the making of any improvements to the Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, removal of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the condition and repair required to be maintained by the terms of this Agreement. Title to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, modification or addition shall be vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for any alteration, modification or addition to the Aircraft or to reimburse Sublessee for the cost thereof. Any other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do consent shall not effect the Services, utilities be unreasonably withheld or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensedelayed.

Appears in 3 contracts

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

Alterations. Absent Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord’s written consent. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may make no alterations deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the Office. With Landlord’s written consenttermination of this Lease if Tenant so elects, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (shall be removed by the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this Lease or other operations or services upon earlier vacating of the Premises and which are done if required by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Landlord; upon any such removal Tenant shall obtain all permits, approvals, certificates required by any restore the Premises to their original condition. All such removals and all municipal authorities restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or other agencies having jurisdiction structural quality of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseBuilding.

Appears in 3 contracts

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

Alterations. Absent Landlord’s written consent, Tenant may Sublessee shall not make no any alterations to the OfficeSubleased Premises without the consent of Prime Landlord and Sublessor, which consent may be granted or withheld in their sole discretion. With Sublessee may, without further notice to or approval of Sublessor or Prime Landlord, install and maintain data and voice cabling required by Sublessee in order to utilize the Subleased Premises for its intended use in accordance with plans previously approved by Sublessor (which approval will not be unreasonably withheld, conditioned or delayed) and may change the locks as discussed below. If Sublessee’s written consenttelecommunications provider installs telecommunications equipment and/or related connecting equipment (i.e., Tenantcables, conduits, inner ducts and connecting hardware) in the building in connection with the provision of telecommunications services to Sublessee (collectively, the “Telecommunications Equipment”), then: (a) immediately following the installation of same, throughout the Term and following the expiration or earlier termination of this Sublease, all such Telecommunications Equipment shall be properly labeled (identifying both the service provider and Sublessee) at Sublessee’s sole cost and expense; and (b) at the expiration or earlier termination of this Sublease, Sublessee shall, at TenantSublessee’s sole cost and expense, may make alterationswithout liens, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain cause all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause such Telecommunication Equipment to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and removed from the Building. Any such property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien not so removed within thirty (30) days after the expiration or earlier termination of said filing this Sublease may, at TenantSublessor’s sole option: (i) be removed and stored by Sublessor at Sublessee’s expense; or (ii) become the property of Sublessor without compensation to Sublessee. Sublessee shall, at its sole cost and expense, repair all damage caused by the installation, operation and/or removal of the Telecommunications Equipment. Any installation of materialsIf Sublessee fails to repair any such damage, fixtures Sublessor may, in its sole discretion, repair such damage and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. HoweverSublessee shall, Landlord may relinquish such right of ownership to the installations by giving Tenant within thirty (30) days after Sublessor’s written notice prior request for payment, reimburse Sublessor for all costs and expenses reasonably relating to such damage. Sublessee may make alterations to the Termination Date of such relinquishment of ownership, Subleased Premises only in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession accordance with Paragraph 12 of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePrime Lease.

Appears in 2 contracts

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

Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Office. With Landlord’s written consentPremises (including, Tenantbut not limited to, at Tenant’s sole cost roof and expense, may make wall penetrations or alterations, installations and additions or improvements (affecting building, mechanical or electrical systems or equipment) without the “Alterations”) to the Office provided they are non-structural in natureprior written consent of Landlord, which do not effect the Servicesconsent may be withheld in its sole discretion or may be conditioned on, utilities or among other operations or services things, proof of the Premises insurance coverage, payment and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insuranceperformance bonds, in such forms, amounts as Landlord requiresand by companies acceptable to Landlord, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished 's review of Tenant's plans and specifications, ▇▇▇▇▇▇'s contractor and ▇▇▇▇▇▇'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 immediately restore be and repair remain the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in during the Office after the Termination Date shall be deemed abandoned Term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises; provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may either retain 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 abandoned property removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the buildings and other improvements situated on the Premises. Landlord shall have the right at any time and from time to time to make changes or may remove alterations to any portion of the Project other than the Premises and Landlord shall not be subject to any liability with respect to such abandoned property at Tenant’s expensealterations.

Appears in 2 contracts

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

Alterations. Absent 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 '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 may make no alterations to the Office. With Landlord’s written consent, Tenantshall promptly restore, at Tenant’s its sole cost and expense, may make the Demised Premises to its condition prior to the installation of such alterations, installations 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 “Alterations”) to initial improvement of the Office provided they are non-structural in nature, Demised Premises which do not effect the Servicesrequire Landlord's consent, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved made with Landlord's consent (unless the removal requirement is specified by Landlord in every instanceat the time of initial approval). Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every oneSee Special Stipulation No. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense39.

Appears in 2 contracts

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

Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the OfficePremises (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. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may make 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, installations 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 “Alterations”) Premises to their original condition by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this Lease or other operations or services upon earlier vacating of the Premises and which are done by contractors and sub-contractors approved by Premises, provided, however, that if Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities so elects prior to termination of this Lease or other agencies having jurisdiction upon earlier vacating of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Officesuch alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost additions, improvements and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this Lease or upon such installation earlier vacating of the Premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis Lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this Lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Office, Premises if required by Landlord; upon any such removal Tenant shall remove all personal property restore the Premises to their original condition. All such removals and installations restoration shall be accomplished in good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure of structural qualities of the buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePremises.

Appears in 2 contracts

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

Alterations. Absent Landlord’s written consentAll alterations, Tenant may make no alterations to the Office. With Landlord’s written consentadditions and improvements, except trade fixtures, installed at expense of Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in upon and be surrendered with the Office upon ▇▇▇▇▇▇’s surrender leased premises as a part thereof on the termination of samethis lease. HoweverSuch alterations, Landlord additions, and improvements may relinquish such right only be made with the prior written consent of ownership Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the installations leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the leased premises, in connection with the making of such improvements or alterations. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by giving Tenant thirty (30) days without prior written notice prior permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which roof can be easily movedmade. Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's expense and repair at Tenant's expense any damage resulting from such removal or reinstallation. Upon the Termination Date and surrender termination of possession of the Officethis lease, Tenant shall remove all personal property and installations or cause to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and be removed from the roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant shall immediately restore promptly repair at its expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and repair the Office to that condition existing on the Commencement Datecondition, natural deterioration only excepted. Any and all property damage caused by the installation or removal of Tenant remaining in the Office after the Termination Date trade fixtures shall be deemed abandoned repaired at Tenant's expense prior to the expiration of the lease term. All alterations, improvements, additions, and repairs made by Tenant shall be made in good and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseworkmanlike manner.

Appears in 2 contracts

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

Alterations. Absent Landlord’s written consentAll alterations, Tenant may make no alterations to the Office. With Landlord’s written consentadditions and improvements, except trade fixtures, installed at expense of Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in upon and be surrendered with the Office upon ▇▇▇▇▇▇’s surrender leased premises as a part thereof on the termination of samethis lease. HoweverSuch alterations, Landlord additions, and improvements may relinquish such right only be made with the prior written consent of ownership Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the installations leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the leased premises, in connection with the making of such improvements or alteration. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by giving Tenant thirty (30) days without prior written notice prior permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily so that repairs to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which roof can be easily movedmade, Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's expense and repair at Tenant's expense any damage resulting from such removal or reinstallation. Upon the Termination Date and surrender termination of possession of the Officethis lease, Tenant shall remove all personal property and installations or cause to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and be removed from the roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant shall immediately restore promptly repair at its expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and repair the Office to that condition existing on the Commencement Datecondition, natural deterioration only excepted. Any and all property damage caused by the installation of Tenant remaining in the Office after the Termination Date trade fixtures shall be deemed abandoned repaired at Tenant's expense prior to the expiration of the lease term. All alterations, improvements, additions, and repairs made by Tenant shall be made in good and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseworkmanlike manner.

Appears in 2 contracts

Sources: Commercial Lease, Commercial Lease

Alterations. Absent Landlord’s written consent(a) Tenant shall not make, Tenant may make no alterations or permit to be made, any alterations, additions or improvements to the OfficePremises, or any part thereof, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. With Landlord’s written consentNormal repair and maintenance work, Tenantincluding painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, may 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, installations and improvements additions or improvements, notwithstanding consent from Landlord to do so, until ten (the “Alterations”10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the Office provided they are contrary herein, Tenant may construct non-structural alterations, additions and improvements in naturethe Premises without Landlord’s prior approval so long as (i) such alterations, which do addition or improvements will not effect materially or adversely affect the ServicesBuilding Systems, utilities (ii) the total cost of any such alterations, additions or other operations 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 services 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), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises and which are done at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by contractors and sub-contractors approved Tenant without Landlord’s consent if such consent is required by Landlord in every instancethe terms of this paragraph ll(a). Before making AlterationsTenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall obtain 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 installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system. (b) All additions, alterations or improvements, including, but not limited to, heating, lighting, electrical, air conditioning, fire extinguishers, lighting fixtures, ballasts, light globes, and tubes, hot water heaters, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant, together with all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction property that has become an integral part of the Premises Building, shall at once be and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation Landlord, and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of samenot be deemed trade fixtures, but any or all are subject to removal pursuant to paragraph 10 hereof. However, Landlord may relinquish such right of ownership Notwithstanding anything to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershipcontrary herein, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture furniture, equipment and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all other personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining installed in the Office after the Termination Date Premises (“Tenant’s Property”) shall at all times be deemed abandoned by and remain Tenant’s property. Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseProperty from the Premises at any time, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in any item of Tenant’s Property.

Appears in 2 contracts

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

Alterations. Absent Landlord’s written consentExcept for the Tenant Improvements, Tenant may will not make no alterations any alterations, additions or improvements to the OfficePremises (including, but not limited to, roof and wall penetrations without the prior written consent of Landlord (not to be unreasonably withheld, or delayed). With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner, may make alterationserect such shelves, installations bins, machinery, movable lab benches, equipment, trade fixtures (defined as any fixtures used by Tenant in its specific business and improvements (the “Alterations”not paid for by Landlord) to the Office provided they are and other non-structural in natureinterior improvements as it may deem advisable, which do not effect without altering the Services, utilities basic character or other operations or services structure of the Premises or improvements and without overloading or damaging the Premises or Building, and in each case complying with all Applicable Laws. Tenant will not make any alterations, additions or improvements to the Premises which are done will contravene Landlord’s policies insuring against loss or damage by contractors fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in companies reasonably acceptable to Landlord. If any such alterations, additions or improvements cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Premises for permitted uses thereof (as reasonably documented by Landlord), Tenant will pay as Additional Rent the amount of any such increase promptly upon demand by Landlord. Within thirty (30) days receipt of reasonable documentation from Landlord following the completion of any alteration, addition, or improvement at the Premises by Tenant that requires the prior consent of Landlord, Landlord will be reimbursed for any reasonable outside consultant or design professional costs actually incurred by Landlord to review any plans or supervise construction work (not to exceed the lesser of $1,500.00 or 5% of Tenant’s “hard” construction costs). No such reimbursement will be required for any alteration, addition or improvement that does not require the consent of Landlord. Any and suball alterations, additions, improvements, partitions and fixtures erected by Tenant will be the property of Landlord and will remain at the Premises upon termination of the Lease or upon earlier vacating of the Premises. All shelves, bins, machinery, trade fixtures, and other interior non-contractors approved structural improvements installed by Tenant will remain the personal property of Tenant and may be removed by Tenant prior to the termination of this Lease provided such removal may be accomplished without damage to the Premises or Building that cannot be repaired by Tenant as set forth in this subparagraph. Prior to vacating the Premises, Tenant will repair any damage to the Premises or Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property or trade fixtures by Tenant, or any Tenant Party. Should Tenant fail to conduct any such repair within ten (10) days of written notice from Landlord, Landlord may, at its option, perform same, and Tenant will remit payment to Landlord for the actual cost and expense incurred by Landlord in every instanceeffecting such repair promptly upon demand. Before making AlterationsTenant will have no authority, Tenant shall obtain all permitsexpress or implied, approvalsto create or place any lien or encumbrance of any kind or nature whatsoever upon, certificates required by or in any and all municipal authorities or other agencies having jurisdiction manner to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim will affect and each such lien will attach to, if at all, only the Alterations and upon receiving same, leasehold interest granted to Tenant shall deliver duplicate or certified copies to Landlord of each and every oneby this instrument. Tenant shall carry covenants and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or file a bond materials furnished in connection with any work performed on the Premises at the request of Tenant on which any lien is or can be validly and legally asserted against its leasehold interest in the amount stated Premises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of Landlord in the mechanic’s lien within thirty (30) days Premises or under the terms of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensethis Lease.

Appears in 2 contracts

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

Alterations. Absent (a) Tenant will not make or suffer to be made any alterations, additions or improvements in excess of $5,000.00 excluding the initial Tenant Improvements (collectively “Alterations”) to or upon the Premises, the Building, or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord’s written consentapproval. Tenant will provide Landlord with three detailed drawings of Tenants desired Alterations for approval prior to any Alterations being started. When approved, Landlord will return one copy of the drawings to Tenant may make no alterations with Landlords signature of approval. Any Alterations to or upon the Office. With Landlord’s written consent, Premises shall be made by Tenant, at Tenant’s sole cost and expense, may provided that any architect and or contractor selected by Tenant to make alterationsthe same shall be subject to Landlord’s reasonable prior written approval. All Alterations which are permanent in character, installations and improvements (the “Alterations”) to the Office provided they are non-structural in natureincluding wiring for phone, which do not effect the Servicescomputer, utilities cabling, or other operations networks, made in or services upon the Premises either by Tenant or Landlord, may at the option of Landlord, become Landlord’s property and, at the end of the term or any extension hereof, shall remain on the Premises without compensation to Tenant, unless Landlord request that Tenant remove any such Alterations. Notwithstanding the above, Tenant’s work stations, trade fixtures, furniture, equipment, telecommunications, data and network equipment and switches and other items of personal property brought onto the Premises shall not constitute Alterations hereunder and shall remain Tenant’s property upon the expiration or earlier termination of this Lease. (b) All Alterations shall, when completed, be of such a character as not to lessen the value of the Premises or such improvements as may be located thereon. Any Alterations shall be made promptly and which are done by contractors in a good workmanlike manner, and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain compliance with all applicable permits, approvalsbuilding and zoning laws, certificates required and with all other laws, ordinances, orders, rules, regulations and requirements of all applicable federal, state and municipal governments, departments, commissions, boards and offices. The costs of any such Alterations shall be paid by any and all municipal authorities or other agencies having jurisdiction of Tenant, such that the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord be free of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premisesliens, for work done services performed, labor and material supplied or claimed to have been done or materials supplied for Tenant or to the Officesupplied. Before any Alterations shall be commenced, Tenant shall pay any increase in premiums on insurance policies (provided for herein) or cause ensure adequate coverage is in place for all risks related to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days construction of said filing at Tenant’s sole cost and expensesuch. Any installation of materials, fixtures Alterations and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession increased value of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePremises.

Appears in 2 contracts

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

Alterations. Absent Landlord’s written consent, Tenant may shall not make no nor permit to be made any ----------- alterations or improvements to the OfficePremises without obtaining Landlord's prior written consent which shall not be unreasonably withheld, and then only by contractors or mechanics approved by Landlord. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make Landlord shall generally consent to alterations, installations and additions, or improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect affect the Services, utilities or other operations or services value of the Premises significantly and which are do not affect the structure or operation of the Building. Tenant covenants and agrees that all work done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by be performed in full compliance with any and all municipal authorities or other agencies having jurisdiction applicable laws, statutes, rules, orders, ordinances, regulations, and requirements of the Premises federal, state, and local governments, and all their departments and bureaus, as well as the Alterations requirements of the Association of Fire Underwriters, or similar governing insurance body. Unless otherwise approved by Landlord, all alterations, additions, and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or improvements to the OfficePremises shall be made by Landlord. Landlord shall pay for the cost of any alterations, additions, and improvements to the Premises only to the extent Landlord agrees to do so by a separate written agreement with Tenant. Otherwise, Tenant shall pay all costs for such additions, alterations, and improvements including any additions, alterations, and improvements to the Premises required by any governmental agency during the term of this Lease, which costs shall include a reasonable overhead and profit charge by Landlord. Tenant shall report all costs incurred by Tenant for any alterations, additions, or cause improvements made by Tenant to be paid the Premises and shall permit Landlord to examine all contracts and records relating to such alterations, additions, or file a bond in improvements. All alterations, additions, and improvements to the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like Premises by Landlord or Tenant shall become part of the realty and belong to Landlord and, at the end of the term hereof, shall remain on the Premises without compensation of any kind to Tenant, except that any trade fixtures which are installed and paid for by Tenant shall remain the property of Landlord upon such installation Tenant and shall remain in may be removed by Tenant during the Office upon ▇▇▇▇▇▇’s surrender term of same. However, Landlord may relinquish such right of ownership this Lease provided Tenant repairs any damage to the installations remaining improvements of the Premises caused by giving Tenant thirty (30) days written notice prior to the Termination Date removal of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Datefixtures. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office Moveable furniture and equipment which can be easily moved. Upon of Tenant shall remain the Termination Date and surrender of possession property of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense.

Appears in 2 contracts

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

Alterations. Absent LandlordExcepting Tenant’s written consentUpfit, Tenant may shall make no alterations alterations, additions, or improvements to the Office. With Premises without the prior written consent of Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may any such request by Tenant of Landlord to make any such alterations, installations additions or improvements shall in each case be accompanied by plans and specifications for such alterations, additions and improvements all in such detail as Landlord may reasonably required. Any alteration, addition or improvement to the Premises which results in any damage to the Premises or the alteration, addition or improvement to the Premises which results in any damage to the Premises or the Building including, but not limited to the floor, ceiling or outside walls shall be repaired by the Tenant at the termination of the Lease, or if sooner, upon the request by the Landlord. All alterations, additions and improvements (including, without limitation, all partitions, walls, railings, carpeting, and floor coverings) made by, for or at the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services direction of the Tenant, shall remain upon and be surrendered with the Premises and which are done by as a part thereof at the expiration or earlier termination of this Lease. All contractors and sub-contractors approved subcontractors employed by Landlord in every instanceTenant for any such work shall be subject to Landlord’s prior approval. Before making Alterations, Tenant shall comply with all applicable laws and obtain all permits, approvals, certificates licenses and permits required by any applicable authority before commencing construction. Any alarm or sprinkler system installed by Tenant must be compatible with any such system maintained by Landlord for the Building, Tenant and all municipal authorities contractors and subcontractors employed or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, engaged by Tenant shall deliver duplicate or certified copies comply with the Contractor Upfit and Insurance Procedures and Requirements prepared by Landlord for the Building, a copy of which will be provided to Landlord of each Tenant upon request All alterations, additions and every one. improvements made by Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or including without limitation, the initial alterations, additions and improvements made to the OfficePremises, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they Premises and shall become Tenant’s and must not be removed upon the Termination Date. Nothing herein is meant to give Landlord therefore at any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily movedtime. Upon the Termination Date and surrender expiration or any earlier termination of possession of the Officethis Lease, Tenant shall remove all personal property and installations promptly reimburse Landlord for any expense or cost incurred by Landlord in restoring the Premises to the condition in which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and the Premises were at the time Tenant shall immediately restore and repair have occupied the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at same, except for Tenant’s expenseUpfit and for ordinary wear and tear, fire or other casualty and alterations, additions and improvements to the Premises consented to in writing by Landlord unless Landlord is entitled to and notifies Tenant to remove the same.

Appears in 2 contracts

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

Alterations. Absent Tenant shall not make or suffer to be made any alterations, additions, or improvements which are structural in nature or which affect utility lines or equipment serving other portions of the property, Building or in, on, or to the Premises or any part thereof or make any improvements without the prior written consent of Landlord, which may be withheld in Landlord’s written reasonable discretion. When applying for such consent, Tenant may make no alterations shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. In the event Landlord consents to the Officemaking of any such alteration, addition or improvement by Tenant, the same shall be made using a contractor acceptable to Landlord at Tenant’s sole cost and expense. With All alterations, additions or improvements performed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide to Landlord waivers of lien to protect Landlord against any loss from any mechanics’, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Paragraph 5 or 6 above any increase in real estate taxes attributable to any such alteration, addition, or. improvement for so long, during the Term, as such increase is ascertainable. Upon the expiration or sooner termination of the Term as herein provided, Tenant shall upon demand by Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make forthwith and with all due diligence remove any such alterations, installations and additions or improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved designated by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractorremoved, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premisesforthwith and with all due diligence, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s its sole cost and expense. , repair and restore the Premises to their original condition, reasonable wear and tear and loss by casualty excepted Any installation alteration, additions or improvements to be done by Tenant or Landlord as part of materialsTenant’s initial occupancy shall be specified in Exhibit B. Any alteration, addition, or improvement in, on, or to the Premises including carpeting, but excepting movable furniture, personal property, and trade fixtures of Tenant, which are removable without material damage to the property or the Premises, shall be and the like shall become remain the property of Tenant during the Term but shall, unless Landlord elects otherwise, become a part of the realty and belong to Landlord without compensation to Tenant upon such installation the expiration or sooner termination of the Term and title shall remain in the Office upon pass to Landlord under this Lease as by a ▇▇▇▇▇▇’s surrender ▇ of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensesale.

Appears in 2 contracts

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

Alterations. Absent Landlord’s written consent, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural nonstructural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇T▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇L▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense

Appears in 2 contracts

Sources: Office Lease (McTc Holdings, Inc.), Office Lease (McTc Holdings, Inc.)

Alterations. Absent Landlord’s written consenta) Tenant shall not create any openings in the roof or exterior walls, Tenant may nor make no alterations any alterations, additions or improvements to the Officeexterior Demised Premises without prior written consent of Landlord. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make Consent for minor alterations, installations additions, or improvements shall not be unreasonably withheld by Landlord. Tenant shall have the right to make alterations and improvements (the “Alterations”) to the Office interior of the building on the Demised Premises and at all times to install Tenant's shelves, bins, machinery, equipment and trade fixtures, provided they are non-Tenant complies with all applicable governmental laws, ordinances and regulations, and further provided that such installations by Tenant shall not cause any structural in nature, which do not effect the Services, utilities or other operations damage or services deface the Demised Premises. Providing Tenant is not in default of any of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterationsterms, covenants or conditions of this Lease, Tenant shall obtain all permitshave the right to remove at the termination of this Lease such items so installed, approvalsincluding any machinery or equipment installed and paid for by Tenant, certificates required if any (as specifically differentiated from any such equipment owned by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving sameLandlord); however, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractorshall, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to the termination of this Lease, promptly repair any damage caused by such removal. b) Except as otherwise provided above regarding Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises's right to remove certain installations or additions, for work done or claimed to have been done or materials supplied for all alterations, additions and improvements made by Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in at the Office upon ▇▇▇▇▇▇’s surrender termination or expiration of same. Howeverthis Lease, or Landlord may relinquish require Tenant to remove such right of ownership alterations, additions and improvements and any other property placed in or on the Demised Premises by Tenant and restore the property to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershipits original condition, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore repair any damage caused by such removal and repair leave the Office to that condition existing on the Commencement Date. Any Demised Premises in a broom clean and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseorderly condition.

Appears in 2 contracts

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

Alterations. Absent LandlordSubtenant acknowledges and agrees that Subtenant’s written consent, Tenant may make no alterations right to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities construct or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making install any Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities additions or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, improvements in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the OfficeSublease Premises shall be subject to (i) the prior written consent of Sublandlord (which shall not be unreasonably withheld) and Master Landlord, Tenant and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall pay reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be paid undertaken, such alterations, additions or file a bond improvements in the amount stated Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the mechanicSublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s lien within thirty (30) days agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of said filing at Tenant’s sole cost the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and expense. Any acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of materialscertain alterations, fixtures additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the like shall become the property security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership has consented to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensethis Sublease.

Appears in 2 contracts

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

Alterations. Absent Landlord’s written consentAfter the Commencement Date, Tenant may shall not make no any additions, changes, alterations or improvements (“Alterations”) to the OfficePremises or the Building, without the prior written consent of Landlord. With Landlord’s written consent, Tenant, All Alterations shall be at Tenant’s sole cost and expense, may make alterations, installations shall be performed in a good and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any workmanlike manner and all municipal authorities or other agencies having jurisdiction materials used shall be of a quality comparable to those in the Premises and the Building and shall be in accordance with plans and specifications approved by Landlord. All Alterations shall be performed in accordance with reasonable requirements established by Landlord, including, upon Landlord’s request, provision of a lien and upon receiving same, Tenant shall deliver duplicate or certified copies completion bond in an amount equal to Landlord 150% of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence the cost of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the OfficeIn any case, Tenant shall pay Landlord a reasonable fee to cover Landlord’s costs incurred in reviewing Tenant’s plans and specifications. Tenant shall maintain a safe working environment, including the continuation of all fire and security protection devices, if any, previously installed in the Premises by Landlord. All damages or cause injury done to the Premises or the Building by Tenant or by any persons who may be in or upon the Premises or the Building with the express or implied consent of Tenant, including but not limited to the cracking or breaking of any glass of windows and doors, shall be paid for by Tenant and Tenant shall pay for all damage to the Building caused by acts or file omissions of Tenant or Tenant’s officers, contractors, subcontractors, agents, invitees, licensees, employees, successors or assigns. If Landlord consents to any Alterations by Tenant, the same shall not be deemed a bond warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of any Alterations. Except as otherwise provided herein, all Alterations, except Tenant’s moveable personal property that does not become a part of the Building shall remain in and be surrendered with the amount stated in Premises as a part thereof at the mechanic’s lien within thirty (30) days expiration or sooner termination of said filing this Lease. Landlord may require Tenant to remove any Alterations and to restore the Premises to its condition prior to the completion of any Alterations at the expiration or termination of the Term, such work to occur at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished expense and Tenant shall immediately restore and repair all damage to the Office Premises or Building occurring as a result of such removal or restoration. If Tenant fails to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date remove any Alterations as required by Landlord or repair any damage occurring during such removal, Landlord shall be deemed abandoned by Tenant and Landlord may either retain entitled to remove any Alterations or make such abandoned property or may remove such abandoned property repairs, at Tenant’s expense. Tenant shall comply with all applicable laws, codes and regulations in connection with all Alterations.

Appears in 2 contracts

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

Alterations. Absent Landlord’s written consent, Tenant may shall not make no any alterations to the OfficePremises or the Business Park without Landlord's prior written consent which shall not be unreasonably withheld. With Landlord’s written consentIf Landlord gives its consent to such alterations, Landlord may post notices in accordance with the laws of the state in which the Premises are located. All alterations made by Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) whether or not subject to the Office provided they are non-structural approval of Landlord, shall be performed by Tenant and its contractors in nature, which do not effect the Services, utilities or other operations or services of a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Premises and which are done by contractors and sub-contractors approved by upon expiration or termination of this Lease, except that Landlord in every instance. Before making Alterationsmay, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant before or thirty (30) days written notice prior after expiration of the Term, elect to require Tenant to remove some or all of the alterations which Tenant may have made to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination DatePremises. Nothing herein is meant to give If Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Officeso elects, Tenant shall at its own cost restore the Premises to the condition designated by Landlord in its election, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations. shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. Tenant shall pay all costs for such construction and shall keep the Premises free and clear of all mechanics' liens which may result from construction by Tenant. Notwithstanding anything in this Lease to the contrary: a. Tenant shall not be required to remove all personal property and installations any improvement or fixture installed by Tenant in, on or about the Premises pursuant to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished Tenant's repair obligation under this Lease, and Tenant shall immediately restore and repair not be required to remove any alterations, improvements, additions or utility installations for which Tenant has obtained Landlord's consent, unless Landlord has indicated, at the Office to time of granting such consent, that condition existing on the Commencement Date. Any and all property of such removal will be required. b. Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant entitled to remove Tenant's furniture, equipment, trade fixtures and Landlord may either retain such abandoned property or may remove such abandoned other personal property at Tenant’s expensethe expiration of the term, provided Tenant repairs all damages caused by such removal. c. Tenant shall be entitled to make alterations and utility installations in, on, under or about the Premises without consent of Landlord, so long as the cost of such alteration or utility installation does not (i) exceed the sum of $2,500; (ii) affect the structural or exterior portions of the Building or adversely affect the Building electrical, plumbing or HVAC systems; or (iii) involve the removal or relocation of any walls. Tenant shall, however, provide Landlord fifteen (15) days prior advance written notice and copies of a description of the alteration along with building permit plans(s) and specifications to enable Landlord to post any desired notices of non-responsibility.

Appears in 2 contracts

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

Alterations. Absent Landlord’s written consent(a) Tenant shall not make any alterations, Tenant may make no alterations additions or improvements to the OfficePremises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner, erect such shelves, bins, machinery and trade fixtures as it may make alterationsdeem advisable, installations and improvements (without altering the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities basic character or other operations or services structure of the Premises or improvements and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities without overloading or other agencies having jurisdiction of damaging the Premises or improvements, and the Alterations in each case complying with all applicable governmental laws, ordinances, regulations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every oneother requirements. Tenant shall carry and cause not make any alterations, additions or improvements to be carried the Premises which will contravene Landlord's policies insuring against loss or damage by each contractor and sub-contractorfire or other hazards, workmen’s compensation, including but not limited to commercial general liability, personal and property damage insuranceor which will prevent Landlord from securing such policies in companies acceptable to Landlord. If any such alterations, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence additions or improvements cause the rate of such fire or other insurance on the Premises by companies acceptable to Landlord prior to Tenant’s commencing be increased beyond the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed minimum rate from time to have been done or materials supplied for Tenant or time applicable to the OfficePremises for permitted uses thereof, Tenant shall pay or cause to be paid or file a bond in as additional rent the amount stated in the mechanic’s lien within thirty of any such increase promptly upon demand by Landlord. (30b) days of said filing at Tenant’s sole cost Any and expense. Any installation of materialsall alterations, additions, improvements, partitions and fixtures and the like erected by Tenant shall become be the property of Landlord upon such installation and shall remain in at the Office Premises upon ▇▇▇▇▇▇’s surrender termination of samethe Lease or upon earlier vacating of the Premises. HoweverAll shelves, Landlord bins, machinery and trade fixtures installed by Tenant may relinquish such right of ownership to the installations be removed by giving Tenant thirty (30) days written notice prior to the Termination Date termination of this Lease provided such relinquishment of ownership, in which event, they shall become Tenant’s and must removal may be removed upon accomplished without damage to the Termination Date. Nothing herein is meant Premises or to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession primary structure or structural qualities of the Office, Building and other improvements situated on the Premises. Tenant shall remove all repair any damage to the Premises, or to the Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property and installations or trade fixtures by Tenant, its employees, agents, invitees, or contractors to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished the Premises. Should Tenant fail to conduct any such repair within ten days of written notice from Landlord, Landlord may, at its option, perform same, and Tenant shall remit payment to Landlord for the actual cost and expense incurred by Landlord in effecting such repair immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseupon demand.

Appears in 2 contracts

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

Alterations. Absent Landlord’s written consent(a) Tenant shall not make any alterations, Tenant may make no alterations additions or improvements (collectively, "Alterations") in, on or to the OfficePremises or any part thereof without the prior written consent of Landlord. With Any Alterations, except for Tenant's movable furniture and equipment, shall immediately become Landlord’s written consent's property and, at the end of the Term, shall remain on the Premises without compensation to Tenant; provided, however, that any such movable furniture and equipment, otherwise belonging to Tenant, but which shall remain on the Premises at the expiration or other termination of the Term shall also become the property of Landlord unless promptly removed by Tenant. In the event Landlord shall consent to the making of any Alterations by Tenant, the same shall be made by Tenant, at Tenant’s 's sole cost and expense, may make alterations, installations in accordance with plans and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors specifications previously approved by Landlord Landlord, and any contractor or person selected by Tenant to make Alterations must first be approved in every instancewriting by Landlord. Before making Alterationsany Alterations shall be commenced, Tenant shall furnish Landlord with workmen's compensation and public liability insurance and shall comply with all applicable laws, including but not limited to the Mechanic's Lien Law of the State of Florida, ordinances, regulations, building codes, and shall obtain all required permits, approvalsinspections, and certificates as shall be required by any and all municipal authorities or other governmental agencies having jurisdiction thereof. Upon the expiration or sooner termination of the Premises and the Alterations and upon receiving sameTerm, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried upon demand by each contractor and sub-contractorLandlord, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s 's sole cost and expense, remove any Alterations made by or for the account of Tenant, which Landlord shall designate for removal, and Tenant shall, at its sole cost and expense, repair and restore the Premises to its original condition. Any installation Notwithstanding the aforementioned, Tenant will only be required to remove those Alterations not previously approved by Landlord. (b) Lessee shall not paint or install any signs in or on the Premises, on the exterior doors, plate glass or exterior walls of materialsthe Premises or the Building, fixtures without the prior written consent of Landlord. Such written consent shall be required as to the content of the sign, its size, material, format, the manner and method of its installation. Landlord reserves the like shall become right to require Tenant, at Tenant's sole expense, to modify, remove, replace or redesign its sign so as to harmonize the property of Landlord upon such installation sign with the overall appearance and shall remain design now or hereafter existing in the Office upon ▇▇▇▇▇▇’s surrender of sameBuilding. However, Landlord may relinquish reserves the right to change the sign policies and design criteria with respect thereto at any time during this Lease and Tenant agrees to conform to such right of ownership to the installations by giving Tenant thirty changes within fifteen (3015) days of receipt of written notice prior to the Termination Date of such relinquishment of ownershipfrom Landlord pertaining thereto. No furniture, in which eventdoormats, they or other objects shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, placed by Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after corridors or elsewhere in or about the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseBuilding other than within the Premises.

Appears in 2 contracts

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

Alterations. Absent Landlord’s written consentAfter completion of the Tenant Work, Tenant may may, at any time during the Term, with the prior written consent of Landlord, make no alterations additions, alterations, changes, or improvements in or to the OfficePremises or any part thereof as Tenant may from time to time deem reasonably necessary or desirable for the operation of Tenant’s business within the Premises consistent with the terms of this Lease; provided, however, that Tenant shall not have the right to make any additions, alterations, changes, or improvements which affect the structure, structural strength, or outward appearance of the Premises or the building. With Tenant shall submit to Landlord plans and specifications for such work not later than fifteen (15) days prior to the time approval is sought. Landlord may withhold approval in its absolute discretion. Any additions, alterations, changes, or improvements made in or to the Premises by Tenant shall be in compliance with all insurance requirements and regulations and ordinances of governmental authorities and shall, upon the expiration or sooner termination of the Term, become the property of Landlord’s written consent; provided, however, Landlord may at its option, require Tenant, at Tenant’s sole cost and expense, may make to remove any such additions, alterations, installations changes, or improvements at the expiration or sooner termination of the Term, and to repair any damages to the Premises caused by such removal. Landlord hereby reserves the right at any time and from time to time during the Term to make any additions, alterations, changes, or improvements (the “Alterations”including without limitation, building additional stories) to the Office provided they are non-structural in natureon, which do not effect the Servicesin, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Officebuilding in which the Premises are contained, Tenant shall pay or cause and reserves the right to be paid or file a bond construct other buildings and improvements in the amount stated in Shopping Center from time to time and at any time during the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsTerm, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture make alterations thereto and equipment which can be easily moved. Upon the Termination Date to build additional stories on any such buildings and surrender of possession of the Office, Tenant shall remove all personal property to build adjoining same and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseconstruct multi-level parking facilities.

Appears in 1 contract

Sources: Lease Agreement

Alterations. Absent Tenant shall make no changes in or to the Demised Premises of any nature without Landlord’s 's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this Article, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and 's expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in naturealterations, installations, additions or improvements which do not effect affect utility services or plumbing and electrical lines, in or to the Services, utilities or other operations or services interior of the Demised Premises using licensed and which are done reputable contractors or mechanics first approved by Landlord. Tenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies. Tenant agrees to carry and will cause Tenant's contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s such worker's compensation, general liability, personal and property damage insurance, in such amounts insurance as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterationsmay reasonably require. Should a If any mechanic’s 's lien be is filed against the Office and/or Premises, Demised Premises or the Building for work done or claimed to have been done for, or materials supplied for furnished to, Tenant, whether or not done pursuant to this Article, the same shall be discharged by Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing after Tenant receives written notice thereof at Tenant’s sole cost and 's expense, by filing the bond required by law or otherwise. Any installation of materials, All fixtures and all paneling, partitions, railings and like installations, installed in the like shall Demised Premises at any time, either by Tenant or by Landlord on Tenant's behalf, shall, upon installation, become the property of Landlord upon such installation and shall remain in upon and be surrendered with the Office upon ▇▇▇▇▇▇’s surrender of same. HoweverDemised Premises unless Landlord, Landlord may relinquish such right of ownership by notice to the installations by giving Tenant no later than thirty (30) days written notice prior to the Termination Date date fixed as the termination of such relinquishment of ownershipthis lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they event the same shall become Tenant’s and must be removed upon from the Termination DateDemised Premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing herein is meant in this Article shall be construed to give Landlord any ownership rights in and title to or to prevent Tenant’s 's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such furniture, fixtures and equipment which can from the Demised Premises or upon removal of other installations as may be easily moved. Upon the Termination Date and surrender of possession of the Officepermitted hereunder, Tenant shall remove all personal immediately and at its expense, repair any damage occasioned by such removal. All property and installations permitted to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and be removed by Tenant shall immediately restore and repair at the Office to that condition existing on end of the Commencement Date. Any and all property of Tenant term remaining in the Office Demised Premises after the Termination Date Tenant's removal shall be deemed abandoned by Tenant and Landlord may may, at the election of Landlord, either retain such abandoned be retained as Landlord's property or may remove such abandoned property removed from the Demised Premises by Landlord, at Tenant’s 's expense. In order to prevent mechanic's or materialmen's liens from attaching to the Demised Premises or Building, any contractor ("Contractors") or subcontractor ("Subcontractor") performing work for or at the request of Tenant covenants and agrees to look only to Tenant for payment under the respective contract and to attain that and further covenants and agrees: (a) Not to file or record any contract for work ("Contract") or notice thereof or any notice of intention, lien claim or stop notice in the Office of the County Clerk of New York State of N.Y., or any other place permitted by law. (b) To bind by Contract each subcontractor and each material man with whom any contractor enters into a written contract, not file or record in the office of the County Recorder of New York County, State of N.Y. such contract or notice thereof or any notice of intention, lien claims or stop notice and to make each subcontractor similarly bind in writing each succeeding subordinate subcontractor and/or materialmen with whom a written contract is entered into; (c) The Contractor and any subcontractor ("Subcontractor") will execute and deliver to Landlord a waiver of or release of Mechanic's and/or Materialmen's Liens. The Contractor and Sub-Contractor shall submit Partial Release and Waiver of Lien with all progress payments and said Contractor or Sub-Contractor does hereby waive, release and relinquish any and all claims, demands and rights of liens to the extent of the amount owed for all work, labor, materials, equipment, services done, performed or furnished to that date. (d) Upon completion of all work, the Contractor and Sub-Contractor shall execute a Final Release of Lien with final payment and deliver same to Landlord. (e) Neither progress payments, final payments nor any part of the retained percentage shall become due until the Contractor shall deliver to the Landlord, in the form required by the Landlord, a complete release of all liens arising out of this Contract and an affidavit that so far as he has knowledge or information all the labor and materials have been paid for. If any Subcontractor refuses to furnish a release in full, Contractor shall furnish Landlord with a bond satisfactory to the Landlord, to indemnify it against any lien. If any liens remain unsatisfied after all payments are made, the Contractor shall refund to the Landlord all monies that the latter may be compelled to pay in discharging such a lien, including all costs and reasonable attorney's fees. (f) Anything in the Contract to the contrary notwithstanding it is understood that the Landlord shall not be obliged to make payment on account of any part of the Contract price which is not a proper payment within the meaning and construction of the laws of the State of N.Y. relating to liens. The Contractor agrees that all payments made to materialmen or to the Subcontractors for labor and services shall be accompanied by a direction that the payment shall be applied to account for work or services performed or material supplied in connection with this project.

Appears in 1 contract

Sources: Loft Lease (Sparta Commercial Services, Inc.)

Alterations. Absent Landlord’s Tenant will not make any alterations, additions, or improvements to the premises without landlord's prior written consent; however, Tenant may make no alterations landlord's prior written consent will not be necessary for any alteration, addition, or improvement which: (a) costs less than two thousand dollars ($2,000) including labor and materials; (b) does not change the general character of the premises, or reduce the fair market value of the premises below its fair market value prior to the Officealteration, addition, or improvement; (c) is made with due diligence, in a good and workmanlike manner, and in compliance with the laws, ordinances, orders, rules, regulations, certificates of occupancy, or other governmental requirements described in paragraph 9; (d) is promptly and fully paid for by tenant; and (e) is made under the supervision of an architect or engineer reasonably satisfactory to landlord and in accordance with plans and specifications and cost estimates approved by landlord. With Landlord’s written consentLandlord may designate a supervising architect to assure compliance with the provisions of this paragraph, Tenantand if it does, tenant will pay the supervising architect's charges. Subject to tenant's rights in paragraph 14, all alterations, additions, fixtures, and improvements, whether temporary or permanent in character, made in or upon the premises by tenant, will immediately become landlord's property and at Tenant’s the end of the term of this lease will remain on the premises without compensation to tenant. By notice given to tenant no less than ninety (90) days prior to the end of this lease, landlord may require that any alterations, additions, fixtures, and improvements made in or upon the premises be removed by tenant. In that event, tenant will remove the alterations, additions, fixtures, and improvements at tenant's sole cost and expense, may make will restore the premises to the condition in which they were before the alterations, installations additions, improvements, and improvements (the “Alterations”) to the Office provided they are non-structural in natureadditions were made, which do not effect the Services, utilities or other operations or services of the Premises reasonable wear and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetear excepted.

Appears in 1 contract

Sources: Single Tenant Building Lease (Gulf State Credit LLP)

Alterations. Absent Tenant shall make no changes in or to the demised premises of any nature without Landlord’s 's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this article, Tenant may make no alterations to the Office. With Landlord’s written consent, and Tenant, at Tenant’s sole cost and 's expense, may make alterations, installations and installments, additions or improvements (the “Alterations”) to the Office provided they which are non-structural in nature, and which do not effect adversely affect utility services or plumbing and electrical lines, in or to the Services, utilities or other operations or services interior of the Premises demised premises by using contractors or mechanics first approved by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which are done event, 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 Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the premises by Landlord at Tenant's expense. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by 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 approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensationsuch ▇▇▇▇▇▇▇'▇ compensation reasonably, general liability, personal and property damage insurance, in such amounts insurance as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterationsmay require. Should a If any mechanic’s 's lien be or U.C.C. financing statement is filed against the Office and/or Premisesdemised premises or the building of which the same forms a part, for work done or claimed to have been done for, or materials supplied for furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant or to the Officewithin ten days after notice, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and 's expense. Any installation of materials, fixtures and by filing the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations bond required by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property law or may remove such abandoned property at Tenant’s expenseotherwise.

Appears in 1 contract

Sources: Sublease Agreement (Maxwell Shoe Co Inc)

Alterations. Absent On or prior to the commencement date, Landlord agrees to substantially complete the installation at Landlord’s written consentcost and expense of the improvements described in Exhibit C attached hereto, Tenant may make no alterations all of which shall be building standard unless otherwise approved in writing by Landlord. All other improvements to the Office. With Landlord’s written consent, Tenant, leased premises shall be installed at Tenant’s sole the cost and expenseexpense of Tenant (which cost shall be payable as additional rent within fifteen (15) days after demand by Landlord), may make alterationsbut only in accordance with plans and specifications which have been previously approved in writing by both Tenant and Landlord, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities only by Landlord or other operations or services of the Premises and which are done by contractors and sub-contractors subcontractors approved in writing by Landlord in every instance(which approval shall not be unreasonably withheld). Before making AlterationsIn connection with any request for an approval of alterations by Tenant (whether before or after the commencement date), Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction Landlord may retain the services of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured an architect and/or engineer and Tenant shall deliver evidence reimburse Landlord for the reasonable fees of such insurance architect and/or engineer not to Landlord exceed $ 1,500.00, unless written notice of a higher amount is given to Tenant prior to Tenant’s commencing being incurred. All alterations, additions, improvements and partitions installed or erected by Tenant shall be and remain the Alterations. Should a mechanic’s lien be filed against property of Tenant during the Office and/or Premisesterm of this lease and Tenant shall, for work done unless Landlord otherwise elects as hereinafter provided, remove all such alterations, additions, improvements and partitions installed or claimed to have been done erected by Tenant (but not the initial improvements installed by Landlord) and, by the date of termination of this lease or materials supplied for Tenant or upon earlier vacating of the leased premises, restore the leased premises to the Officecondition existing prior to such alterations, additions, improvements and partitions; provided, however, that, Landlord shall give written notice to Tenant shall pay of the requirement of removal or cause its election not to be paid require removal of each such alteration, addition, improvement or file a bond in partition at or before the amount stated in time Landlord issues its approval of the mechanic’s lien within thirty (30) days of said filing at plans and specifications submitted therefor by Tenant’s sole cost . All such alterations, additions, improvement and expense. Any installation of materials, fixtures and the like partitions not removed shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the leased premises and title shall remain in the Office upon pass to Landlord under this lease as by a b▇▇▇▇▇▇’s surrender ▇ of samesale. HoweverAll such removals and restoration shall be accomplished in a good workmanlike manner by contractors approved in writing by Landlord so as not to damage the leased premises or the Building. All alterations, Landlord may relinquish such right of ownership to the installations additions or improvements proposed by giving Tenant thirty (30) days written notice shall be constructed in accordance with all governmental laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide such assurances to Landlord, including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to assure payment of the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in costs thereof and to Tenantprotect Landlord against any loss from any mechanics’, laborers’, materialmen’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseother liens.

Appears in 1 contract

Sources: Lease Agreement (Double-Take Software, Inc.)

Alterations. Absent Tenant shall not make or suffer to be made any alterations, additions, or improvements in, on, or to the Premises or any part thereof without the prior consent of Landlord; provided, however, that Tenant shall be permitted to make interior, non-structural alterations o the Premises without Landlord’s written consentconsent provided such alterations do not affect the Building’s MEP systems, Tenant may make no alterations 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 term hereof, shall remain on the Premises without compensation to Tenant. In the event Landlord consents to the Office. With Landlord’s written consentmaking of any such alteration, addition, or improvement by Tenant, the same shall be made by Tenant, at Tenant’s sole cost and expense, may make alterationsin accordance with all applicable laws, installations ordinances, and improvements (the “Alterations”) to the Office provided they are non-structural regulations and all requirements of Landlord’s and Tenant’s insurance policies, and in nature, which do not effect the Services, utilities or other operations or services of the Premises accordance with plans and which are done by contractors and sub-contractors specifications approved by Landlord and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in every instancewriting at the time of installation by Landlord. Before making AlterationsUpon the expiration or sooner termination of the term herein provided, Tenant shall obtain all permitsshall, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any , forthwith and with all due diligence, remove any or all alterations, additions, or improvements made by or for the account of Tenant which were designated by Landlord at the time of installation of materialsin writing as alterations, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and additions or improvements that must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession by Tenant as of the Officeexpiration or earlier termination of the Lease. Otherwise, Tenant shall have no obligation to remove all personal property and installations any such alterations, additions or improvements. In addition, notwithstanding anything herein to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and the contrary, in the event the Tenant is permitted to remove an improvement within the Premises, or in the event the permitted alteration to the Premises includes demolition, the Tenant shall immediately restore and repair not be required to replace any such improvement or to construct any improvements upon the Office termination of the Lease unless the Landlord required the same at the time the Landlord granted its consent to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensealterations.

Appears in 1 contract

Sources: Office Lease Agreement (Neenah Paper Inc)

Alterations. Absent Tenant shall in no event make or permit to be made any alteration, modification, substitution or other change of any nature to the structural, mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Premises. After completion of the Tenant Improvements within the Premises, Tenant shall not make or permit any other improvements, alterations, fixed decorations, substitutions or modifications, structural or otherwise, to the Premises or 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 written consent, Tenant approval shall include the conditions under which acceptable Alterations may make no alterations to the Officebe made. With Landlord’s written consentapproval of the plans, specifications and working drawings for Tenant’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Alterations shall include, but not be limited to, the installation or modification of carpeting, walls, partitions, counters, doors, shelves, lighting fixtures, hardware, locks, ceiling, window and 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) at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, only after Tenant shall obtain all permits, approvals, certificates required by has obtained any and all municipal necessary permits from governmental authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing for the Alterations. Should 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 be is filed against the Office and/or Premises, Premises or the Building for work done or claimed to have been done or materials supplied for furnished to Tenant or to (other than by Landlord) the Office, lien shall be discharged by Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty twenty (3020) days of said filing at Tenant’s sole cost and expense. Any installation of materialsthereafter, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property 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, conditioned or delayed. The Generator shall be deemed to be Tenant’s Personal Property, and Tenant shall cause the Generator (and all equipment associated therewith) to be removed at the expiration or earlier termination of this Lease. Tenant shall obtain and exhibit to Landlord at Landlord’s request copies of all requisite approvals and permits with respect to the Generator, 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 restore the Property to the same condition as existed prior to the installation of the Generator and the equipment.

Appears in 1 contract

Sources: Standard Office Lease Agreement (Costar Group Inc)

Alterations. Absent Landlord’s Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consentconsent of Landlord which consent shall not be unreasonably withheld. If Landlord shall consent to any alterations, additions or improvements proposed by Tenant, Tenant may make no alterations shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord. At the time Landlord consents to any such alterations, additions or improvements Landlord shall advise Tenant whether Tenant is required to remove such alterations, additions or improvements prior to the Officetermination of the Lease. With Landlord’s written consent, If Landlord does not so advise Tenant, then Tenant shall not be required to remove such items. Tenant may, without the consent of Landlord, but at Tenant’s sole its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in such case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original primary structure or structural quality of the Building. Tenant may, at its own cost and expense, may make alterationswithout Landlord's consent, installations install, replace or remove any of Tenant's trade fixtures, furniture, demountable partitions and improvements equipment (all hereinafter referred to as "Trade Fixtures"). Any or all such Trade Fixtures shall be and remain the “Alterations”) to property of Tenant, and may, at Tenant's option and expense, be removed by the Office provided they are non-structural in nature, which do not effect Tenant at any time during the Services, utilities or other operations or services term of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities Lease or other agencies having jurisdiction of at the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every onelease expiration date. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, liable for work done or claimed to have been done or materials supplied for Tenant or damages to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days Premises caused by Tenant's removal of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseits Trade Fixtures.

Appears in 1 contract

Sources: Sublease (Exult Inc)

Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may make 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, installations additions, improvements and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done partitions erected by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any be and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become 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 such installation earlier vacating of the premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis Lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this Lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Office, premises if required by Landlord; upon any such removal Tenant shall remove all personal property restore the premises to their original condition. All such removals and installations restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensepremises.

Appears in 1 contract

Sources: Lease Agreement (Converse Inc)

Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery, and trade fixtures as it may make 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, installations additions, improvements and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done partitions erected by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any be and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become 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 installation alterations, additions, improvements and partitions shall become of property of Landlord as of the date of termination of this Lease or upon earlier vacating of the premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with premises. All shelves, bins, machinery and trade fixtures, installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis Lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this Lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Office, premises if required by Landlord; upon any such removal Tenant shall remove all personal property restore the premises to their original condition. All such removals and installations restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensepremises.

Appears in 1 contract

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

Alterations. Absent 9.1 Tenant shall not make any alterations, additions or improvements in or to the Premises or any part thereof, or attach any fixtures or equipment thereto, without Landlord’s 's prior written consent, which consent shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make such alterations, additions or improvements without Landlord's consent only if the total cost of such alterations, additions or improvements is fifty thousand dollars ($50,000) or less and such alterations, additions or improvements will not affect in any way the structural, exterior or roof elements of the Premises or mechanical, electrical, plumbing, utility or life safety systems of the Premises, but Tenant shall give prior written notice of any such alterations, additions or improvements to Landlord. In no alterations event shall Tenant be permitted to install underground storage tanks (excepting a single 20,000 gallon water tank) or fuel systems on the Premises. Landlord's refusal to consent to the Officeinstallation of an underground tank or fuel system shall be conclusively presumed to be reasonable. With Landlord’s written consentAll alterations, Tenant, additions and improvements in or to the Premises to which Landlord consents shall be made by Tenant at Tenant’s 's sole cost and expenseexpense as follows: (a) Tenant shall submit to Landlord, for Landlord's written approval, complete plans and specifications for all work to be done by Tenant. Such plans and specifications shall be prepared by the licensed architect(s) and engineer(s), shall comply with all applicable codes, laws, ordinances, rules and regulations, shall not adversely affect the structural elements of the Premises, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the Premises, and shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion. (b) Landlord shall notify Tenant in writing, within fifteen (15) Business Days after Landlord's receipt of such plans and specifications, whether Landlord approves or disapproves such plans and specifications and, if Landlord disapproves such plans and specifications, Landlord shall describe the reasons for disapproval. Tenant may submit to Landlord revised plans and specifications for Landlord's prior written approval. Tenant shall pay all costs, including the fees and expenses of the licensed architect(s) and engineer(s), in preparing such plans and specifications. (c) All changes in the plans and specifications approved by Landlord shall be subject to Landlord's prior written approval. If Tenant wishes to make any such change in such approved plans and specifications, Tenant shall have such architect(s) and engineer(s) prepare plans and specifications for such change and submit them to Landlord for Landlord's written approval. Landlord shall notify Tenant in writing promptly whether Landlord approves or disapproves such change and, if Landlord disapproves such change, Landlord shall describe the reasons for disapproval. Tenant may submit to Landlord revised plans and specifications for such change for Landlord's written approval. After Landlord's written approval of such change, such change shall become part of the plans and specifications approved by Landlord. (d) Tenant shall obtain and comply with all building permits and other governmental permits and approvals required in connection with the work. Tenant shall, through Tenant's licensed contractor, perform the work substantially in accordance with (i) the plans and specifications approved in writing by Landlord, (ii) the permits obtained by Tenant, and (iii) all applicable codes, laws, ordinances, rules and regulations. Tenant shall pay, as additional rent, the entire cost of all work (including the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the alterations, installations additions and improvements improvements. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expense incurred by Tenant on account of any plans and specifications, contractors or subcontractors, design of any work, construction of any work, or delay in completion of any work. (e) Tenant shall give written notice to Landlord of the “Alterations”date on which construction of any work will be commenced at least ten (10) days prior to such date. Tenant shall keep the Premises free from mechanics', materialmen's and all other liens arising out of any work performed, labor supplied, materials furnished or other obligations incurred by Tenant. Tenant shall promptly and fully pay and discharge all claims on which any such lien could be based or, in the event Tenant reasonably disputes the validity or amount of any such claim, Tenant may bond over such lien to Landlord's reasonable satisfaction. Landlord shall have the right to post and keep posted on the Premises any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord and the Premises from such liens, and to take any other action Landlord deems necessary to remove or discharge liens or encumbrances at the expense of Tenant. 9.2 All alterations, additions, fixtures and improvements, whether temporary or permanent in character, made in or to the Office provided they are non-structural in naturePremises by Landlord or Tenant, which do not effect the Services, utilities or other operations or services shall become part of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and Landlord's property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseexcluding,

Appears in 1 contract

Sources: Purchase Agreement (Icg Funding LLC)

Alterations. Absent LandlordTenant shall make no changes in or to the demised premises of any nature without Owner’s prior written consent, Tenant may make no alterations . Subject to the Office. With Landlord’s prior written consentconsent of Owner, and to the provisions of this article, Tenant, at Tenant’s sole cost and expense, may make alterations, installations installations, additions or improvements which are nonstructural and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect affect utility services or plumbing and electrical lines, in or to the Services, utilities or other operations or services interior of the Premises demised premises using contractors or mechanics first approved in each instance by Owner. Tenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and which are done certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner. Tenant agrees to carry and will cause Tenant’s contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s such ▇▇▇▇▇▇▇’▇ compensation, general liability, personal and property damage insurance, in such amounts insurance as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the AlterationsOwner may require. Should a If any mechanic’s lien be is filed against the Office and/or Premisesdemised premises, or the building of which the same forms a part, for work done or claimed to have been done for, or materials supplied for furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing thereafter, at Tenant’s sole cost and expense, by payment or filing the bond required by law or otherwise. Any installation of materials, All fixtures and all paneling, partitions, railings and like installations, installed in the like shall premises at any time, either by Tenant or by Owner on Tenant’s behalf, shall, upon installation, become the property of Landlord upon such installation Owner and shall remain in upon and be surrendered with the Office upon ▇▇▇▇▇▇’s surrender of same. Howeverdemised premises unless Owner, Landlord may relinquish such right of ownership by notice to the installations by giving Tenant thirty (30) no later than twenty days written notice prior to the Termination Date date fixed as the termination of such relinquishment of ownershipthis lease, elects to relinquish Owner’s right thereto and to have them removed by Tenant, in which eventevent the same shall be removed from the demised premises by Tenant prior to the expiration of the lease, they shall become at Tenant’s and must be removed upon the Termination Dateexpense. Nothing herein is meant in this Article shall be construed to give Landlord any ownership rights in and Owner title to or to prevent Tenant’s removal of trade fixtures, moveable office furniture and equipment which can equipment, but upon removal of any such from the premises or upon removal of other installations as may be easily moved. Upon the Termination Date and surrender of possession of the Officerequired by Owner, Tenant shall remove all personal property immediately and installations at its expense, repair and restore the premises to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore the condition existing prior to installation and repair any damage to the Office demised premises or the building due to that condition existing on such removal. All property permitted or required to be removed by Tenant at the Commencement Date. Any and all property end of Tenant the term remaining in the Office premises after the Termination Date Tenant’s removal shall be deemed abandoned by Tenant and Landlord may may, at the election of Owner, either retain such abandoned be retained as Owner’s property or may remove such abandoned property removed from the premises by Owner, at Tenant’s expense.

Appears in 1 contract

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

Alterations. Absent 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any such improvements as required by Article 7, without the prior written consent of Landlord’s written , which consent shall not be unreasonably withheld. When applying for such consent, Tenant may make no alterations shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. 6.2 In the event Landlord consents to the Office. With making of any such alteration, addition or improvement by Tenant, the same shall be made using Tenant's contractor, subject to approval by Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s 's sole cost and expense. Any installation If Tenant shall employ any Contractor other than Landlord's contractor and such other Contractor or any subcontractor of materialssuch other Contractor shall employ any non-union labor or supplier, fixtures Tenant shall be responsible for any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a reasonable charge to cover its overhead as it related to such proposed work. 6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all governmental laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord, including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance as Landlord shall require to assure payment of the costs thereof and to protect Landlord and the like Building and appurtenant land against any loss from any mechanic's, materialmen's or other liens. Tenant shall become pay in addition to any sums due to pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term as such increase is ascertainable; at Landlord's election said sums shall be paid in the same way as sums due under Article 4. 6.4 All alterations, additions, and improvements in, on, or to the Premises made or installed by Tenant, including carpeting, shall be and remain the property of Landlord upon such installation and shall remain in Tenant during the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseTerm but,

Appears in 1 contract

Sources: Lease (Intelect Communications Systems LTD)

Alterations. Absent Landlord’s written consent, Tenant Sublessee may make the alterations described on Exhibit C attached hereto provided that the Prime Landlord consents to such alterations with no alterations obligation on the part of Sublessor to restore the Sublet Premises upon expiration or termination of the Prime Lease. Sublessee shall not make any other alterations, additions or improvements to the Office. With Landlord’s Sublet Premises without the prior written consentconsent of Sublessor; provided, Tenanthowever, Sublessee may, without the consent of Sublessor, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner, may make such minor alterations, installations additions or improvements or erect, remove or alter such partitions, or erect such racks, 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. Sublessee shall make any such alterations, additions and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services compliance with applicable law and shall be responsible for obtaining necessary permits and any necessary consent of the Prime Landlord. All alterations, additions, improvements and partitions erected by Sublessee shall be and remain the property of Sublessee during the term of this Sublease and Sublessee shall, unless Sublessor otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Sublessee and restore the Sublet Premises and which are done to their original condition by contractors and sub-contractors approved by Landlord in every instance. Before making Alterationsthe date of termination of this Sublease; provided, Tenant shall obtain all permitshowever, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord that if Sublessor so elects prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premisestermination of this Sublease, for work done or claimed to have been done or materials supplied for Tenant or to the Officesuch alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost additions, improvements and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord upon such installation Sublessor as of the date of termination of this Sublease and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Sublessor with the Sublet Premises. All racks, shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice Sublessee may be removed by Sublessee prior to the Termination Date termination of such relinquishment of ownershipthis Sublease if Sublessee so elects, in which event, they and shall become Tenant’s and must be removed if required by Sublessor; upon any such removal Sublessee shall restore the Termination DateSublet Premises to their original condition. Nothing herein is meant All such removals and restoration shall be accomplished in a good workmanlike manner so as not to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon damage the Termination Date and surrender of possession primary structure or structural qualities of the Office, Tenant shall remove all personal property buildings and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseSublet Premises.

Appears in 1 contract

Sources: Sublease Agreement (Air Industries Group, Inc.)

Alterations. Absent Landlord’s written consent, Tenant may make no A. Charterer has proposed certain alterations to the OfficeVessel as submitted to Owner shortly after Charterer is to take delivery of the Vessel from Owner. With Landlord’s Owner hereby provides it consent to such alterations, but assumes no liability or responsibility and makes no representation or warranty as to the feasibility of the alterations, the ability to complete the alterations within budgeted costs, the qualifications of the shipyard to perform the alterations, or the ability of Charterer to obtain Coast Guard and classification society approvals required for the certification of the altered Vessel for any purpose, including Charterer's intended use and operation of the Vessel. Charterer's failure to complete the alterations for any reason, including impossibility of performance, the failure of the shipyard to complete the work, costs overruns, or the failure to obtain certification for the altered Vessel, will not excuse Charterer from its obligation hereunder including its obligation to pay monthly Charter Hire as set forth in Article 3 and this Charter will continue in full force and effect regardless of any failure hereunder. Notwithstanding anything to the contrary contained in this Charter, Charterer shall not have the right to remove any gaming equipment other than in accordance with that certain Master Lease (Palm Beach Princess and Empress II Gaming Equipment), of even date herewith, between PDS Gaming Corporation, a Minnesota corporation ("PDS"), as Lessor, and Owner, as Lessee, without the prior written consentapproval of PDS. B. From time to time after delivery of the Vessel into the Charterer's service, Tenant, at Tenant’s sole cost and expense, the Charterer may make alterations, installations structural and improvements (the “Alterations”) other alterations to the Office provided they are non-structural in natureVessel, its machinery, or electrical equipment, only with Owner's prior written approval, which do shall not effect be unreasonably withheld, provided the Services, utilities alterations to the Vessel and its equipment are returned to their original state at or other operations or services prior to the termination of this Charter and Redelivery of the Premises and which are done Vessel to Owner. Owner, however, has the option to retain any alterations made by contractors and sub-contractors approved Charterer at a mutually agreed price. In addition, leased equipment may be placed on board the Vessel by Landlord in every instancethe Charterer. Before making AlterationsAt the time of Redelivery, Tenant the Owner has the right at Owner's expense to continue the lease should the lease permit or may require the Charterer to have it removed. As to equipment placed aboard the Vessel by the Charterer, Charterer shall obtain all permitshave the right to remove same upon Redelivery, approvalsprovided that if Owner desires to retain the equipment on board the Vessel, certificates required by any and all municipal authorities or other agencies having jurisdiction of it may purchase the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause equipment at a price to be carried agreed upon at the time of Redelivery. Any additions or alterations permitted by each contractor this Article are subject to American Bureau of Shipping and, if required, U. S. Coast Guard approval. C. Charterer shall have the right to paint its own house colors thereon at Charterer's expense and sub-contractoron its time, workmen’s compensation, general liability, personal provided Charterer changes the colors and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord markings back prior to Tenant’s commencing Redelivery at its expense. Charterer shall have the Alterations. Should a mechanic’s lien be filed against right to rename the Office and/or PremisesVessel, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant and shall pay or cause for all associated costs therefor. Prior to be paid or file a bond Redelivery, Charterer shall rename the Vessel at its expense in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of sameaccordance with Owner's instructions. However, Landlord may relinquish such Owner shall not have the right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession use of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date Charterer's trademark following Redelivery. D. The Vessel shall be deemed abandoned by Tenant kept painted and Landlord may either retain such abandoned property or may remove such abandoned property metal surfaces preserved at Tenant’s expenseall times, and the Charterer shall maintain the Vessel in as good a condition as when delivered to Charterer from the shipyard upon completion of the above referenced modifications and re-fit in Article 10.A., normal wear and tear excepted.

Appears in 1 contract

Sources: Sub Bareboat Charter (International Thoroughbred Breeders Inc)

Alterations. Absent Landlord’s written consentProvided that Tenant has notified Landlord in writing at least ten (10) days prior to the commencement of any such work within the Leased Premises, Tenant may shall have the right to make no non-structural alterations or physical additions (including fixtures) to the OfficeLeased Premises subject to the following limitations: (i) such alterations and additions will not impair the structural integrity of the Building, (ii) such alterations and additions will not affect the mechanical, electrical, plumbing, heating, air-conditioning, or ventilation systems of the Leased Premises, (iii) such alterations and additions will not in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. With Subject to (i) through (vi) immediately above, and further subject to Landlord’s written consent's prior reasonable approval of all plans and specifications therefor, Tenant, at Tenant’s 's sole cost and expense, may make alterationsshall be permitted to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to this Lease provided that upon expiration or earlier termination of this Lease, installations Tenant shall, at Landlord's sole discretion and improvements (Tenant's sole expense, remove such stairwells and restore the “Alterations”) Leased Premises to the Office its original condition. Except as expressly provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterationsabove, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities not make or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause allow to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, made any alterations or physical additions (including fixtures) in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the OfficeLeased Premises or place safes, Tenant shall pay vaults, filing cabinets, libraries or cause other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be paid unreasonably withheld or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expensedelayed. Any installation alterations or physical additions in or to the Leased Premises shall be subject to any reasonable terms of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, conditions Landlord may relinquish such right of ownership require to ensure that the installations by giving Tenant thirty (30) days written notice prior to alterations or additions are in conformity with the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession standards of the OfficeBuilding and will not impair the structural mechanical, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair electrical, plumbing, heating, air conditioning, or ventilation integrity of the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseBuilding.

Appears in 1 contract

Sources: Office Space Lease Agreement (FSP Phoenix Tower Corp)

Alterations. Absent Landlord’s written consent, Tenant may Lessee shall make no alterations or other improvements to the Office. With Landlord’s Premises without Lessor's prior written consent. Unless otherwise agreed, Tenant, all such improved alterations and other improvements shall be made by Lessor at Tenant’s Lessee's sole cost expense and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord Lessor and be surrendered with the Premises upon the expiration of this Lease. Lessor may, at Lessor's option, require Lessee to remove any or all such installation alterations, improvements, decorations and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership furnishings and repair any damage to the installations Premises resulting from such alterations. In the event that local, state or Federal government by giving Tenant thirty legislative, administrative, or judicial action shall in any legally enforceable manner by ordinance, act, statute, order, mandate, rule, regulation or otherwise require during the Term, any alteration of, or improvement to any portion of the building, determined by Lessor's Independent Accountants to be capital in nature based upon the application of generally accepted accounting practices (30"Mandated Alterations"), then the annual rent per square foot shall be increased as follows: (i) days written notice prior A portion of the cost of the Mandated Alterations shall be allocated to the Termination Date Lessee based upon the proportion that the number of square feet of rentable area of the Premises bears to the number of square feet of rentable area of the building. (ii) Lessor's Independent Accountant shall amortize the cost over a period of not less than five (5) years in accordance with generally accepted accounting standards and allocate the annual amortization of the cost to the net rentable area of the building in terms of annual cost per square foot of rentable area (the "Amortized Annual Cost"). (iii) Effective on the first day of the month following notice from Lessor of the computation of he Amortized Annual Cost of the Mandated Alterations, the Base Rent above shall be increased by the Amortized Annual Cost, but not to exceed fifteen cents ($0.15) per square foot multiplied by the rentable area of the Premises. The base monthly rent shall be increased by one twelfth of such relinquishment amount. Notwithstanding the foregoing, Lessee shall not be obligated to contribute to the cost of ownershipany Mandated Alteration unless such Mandated Alteration is the result of an adoption of a new or changed ordinance, in which eventact, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixturesstatute, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Officeorder, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition mandate, rule or regulation or interpretation thereof not existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseJanuary 1, 1994.

Appears in 1 contract

Sources: Office Building Lease (International Computex Inc)

Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or Improvements to the Office. With premises without the prior written consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expense, may expense and in a good workmanlike manner make such minor alterations, installations additions or improvements or erect, remove or alter such partitions, or erect such shelves, bins, machinery and improvements (trade fixtures as it may deem advisable, without altering the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services basic character of the Premises building or Improvements and which are done 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 contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any be and all municipal authorities or other agencies having jurisdiction remain the property of Tenant during the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord term of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured this lease and Tenant shall deliver evidence 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 such insurance to termination of this lease; provided, however, that if Landlord so elects prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premisestermination of this lease, for work done or claimed to have been done or materials supplied for Tenant or to the Officesuch alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost additions, improvements and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord upon as of the date of termination of this lease, such installation alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations landlord with the premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by Tenant at Tenant's expense if required by Landlord upon the Termination Dateexpiration or termination of this lease; upon any such removal Tenant shall restore the premises to their original condition. Nothing herein is meant All such removals and restoration shall be accomplished in a good workmanlike manner so as not to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon damage the Termination Date and surrender of possession primary structure or structural qualities of the Office, Tenant shall remove all personal property buildings and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensepremises.

Appears in 1 contract

Sources: Lease Agreement (Universal Beverages Holdings Corp)

Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. With Landlord’s written consentSuch consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant’s '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 same and all subcontractors must first be approved in writing by 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 make 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, installations 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 “Alterations”) premises to their original condition by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this lease or other operations or services upon earlier vacating of the Premises and which are done by contractors and sub-contractors approved by premises; provided, however, that if Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities so elects prior to termination of this lease or other agencies having jurisdiction upon earlier vacating of the Premises premises, such alterations, additions, improvements and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the premises, and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Office, premises if required by Landlord; upon any such removal Tenant shall remove all personal property restore the premises to their original condition with consideration for normal wear and installations tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the building and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensepremises.

Appears in 1 contract

Sources: Lease Agreement (Hayes Corp)

Alterations. Absent Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord’s written consent. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may make no alterations deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the Office. With Landlord’s written consenttermination of this Lease if Tenant so elects, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (shall be removed by the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this Lease or other operations or services upon earlier vacating of the Premises and which are done if required by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Landlord; upon any such removal Tenant shall obtain all permits, approvals, certificates required by any restore the Premises to their original condition. All such removals and all municipal authorities restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or other agencies having jurisdiction structural quality of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseBuilding.

Appears in 1 contract

Sources: Lease Agreement (Manchester Equipment Co Inc)

Alterations. Absent Tenant shall make no changes in or to the demised premises of any nature without Landlord’s 's prior written consent, Tenant may make no alterations . Subject to the Office. With prior written consent of Landlord’s written consent, and to the provisions of this article, Tenant, at Tenant’s sole cost and 's expense, may make alterations, installations installations, additions or improvements which are nonstructural and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect affect utility services or plumbing and electrical lines, in or to the Services, utilities or other operations or services interior of the demised premises using contractors or mechanics first approved in each instance by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the premises any time, either by Tenant or by Landlord on Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises. Nothing in this Article shall be construed to give Landlord title to or prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal or any such from the premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be 2 The Commencement Date shall be the earlier to occur of (i) March 31, 2008, the scheduled expiration of a lease by and between Landlord and Digital Convergence Corporation, as Tenant, for the Demised Premises (hereinafter the "Digital Lease"), or (ii) in the event of the early termination of the Digital Lease, ten (10) business days following Landlord's written notice that the Digital Lease has terminated. Notwithstanding the foregoing sentence, the commencement of this Lease shall be subject to all the terms and which are done conditions of that certain Guaranty and Compensation Agreement of even date herewith by and between Landlord, as Lessor and Tenant, as Guarantor. 3 retained as Landlord's property or removed from the premises by Landlord, at Tenant's expense. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord an Tenant agrees to carry and will cause Tenant's contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensationsuch work▇▇▇'▇ ▇▇▇pensation, general liability, personal and property damage insurance, in such amounts insurance as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterationsmay require. Should a If any mechanic’s 's lien be is filed against the Office and/or Premisesdemised premises, or the building of which the same forms a part for work done or claimed to have been done for, or materials supplied for furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant or to the Officewithin ten days thereafter, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and 's expense. Any installation of materials, fixtures and by payment or filing the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations bond required by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenselaw.

Appears in 1 contract

Sources: Lease Agreement (Health Management Systems Inc)

Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the OfficePremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord, not to be unreasonably withheld, conditioned or delayed. With Landlord’s written consentIn the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant’s 's 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 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 make 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, installations 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 “Alterations”) Premises to their original condition by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this lease or other operations or services upon earlier vacating of the Premises Premises, reasonable wear and which are done by contractors and sub-contractors approved by tear excepted; provided, however, that if Landlord so elects in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities writing prior to termination of this lease or other agencies having jurisdiction upon earlier vacating of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Officesuch alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty additions, improvements and partitions (30but not Tenant's trade fixtures) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the Premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the Premises Notwithstanding the foregoing sentence, all shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon earlier vacating of the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily movedPremises if required by Landlord. Upon any such removal Tenant shall restore the Termination Date Premises to their original condition, normal wear and surrender of possession tear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the Office, Tenant shall remove all personal property building and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement DatePremises. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense(See Additional Provisions, Section 8)

Appears in 1 contract

Sources: Lease Agreement (Homegrocer Com Inc)

Alterations. Absent Landlord’s written consentTenant shall not make or suffer to be made any alterations, Tenant may make no alterations additions, changes or improvements in, on, or to the OfficePremises or any part thereof without the prior written consent of Landlord; and any such alterations, additions, changes 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 Term hereof, shall remain on the Premises without compensation to Tenant unless Tenant elects to remove same, in which event Tenant shall do so, and also restore the Premises to its pre-existing condition at Tenant's sole cost and expense. With Landlord’s written consentIn the event Landlord consents to the making of any such alterations, additions, changes or improvements by Tenant, the same shall be made by Tenant, at Tenant’s 's sole cost and expense in accordance with all applicable laws, statutes, ordinances, rules and regulations public and private and all requirements of Landlord's and Tenant's insurance policies, and in accordance with plans and specifications approved by Landlord (such approval not be unreasonably withheld, delayed or conditioned). Any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord or, at Landlord's opinion, the alteration, addition or improvement shall be made by Landlord for Tenant's account and Tenant shall reimburse Landlord for the cost thereof upon demand; provided, that should Landlord elect to perform for Tenant's account, the cost thereof to Tenant shall be competitive with any preferred estimate previously obtained by Tenant and provided to Landlord for such alteration, addition or improvements. Upon the expiration or sooner termination of the Term herein provided, Tenant may opt to remove any improvements or alteration at Tenant's sole cost and expense and Tenant shall forthwith and with all due diligence, at its sole cost and expense, may make alterations, installations thereupon repair and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of restore the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetheir original condition.

Appears in 1 contract

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

Alterations. Absent Other than the Initial Tenant Improvements, Tenant shall make no alterations, installations, additions or improvements (herein collectively called "Alterations") in or to the Demised Premises or the Building, structural or otherwise, without Landlord’s 's prior written consent, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s its sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services must provide Landlord with a copy of the full floor mechanical and electrical plans for the floor or floors of the Demised Premises on which the Alterations are being made, revised by the Building architect and which engineers, showing the Alterations proposed by Tenant for Landlord's approval. If any such Alterations are done by contractors made without the prior written consent of Landlord, Landlord may correct or remove the same, and sub-contractors approved Tenant shall be liable for any and all expenses incurred by Landlord in every instancethe performance of such work. Before making AlterationsAll Alterations shall be at Tenant's sole expense, shall comply with all laws, rules, orders and regulations of governmental authorities having jurisdiction thereof and shall be made at such time and in such manner as Landlord determines will not unreasonably interfere with the use of the Building by other Tenants and their respective premises. All Alterations shall be made only by such contractors or mechanics as are approved in writing by Landlord. Such approval shall not be unreasonably withheld or delayed. Approval of contractors or mechanics by Landlord shall be based upon the contractors or mechanics being properly licensed, their financial posture, experience and past job performance. Tenant shall obtain pay prevailing wages to all permitscontractors and mechanics. All Alterations to the Demised Premises, approvalswhether made by Landlord or Tenant, certificates required and whether at Landlord's or Tenant's expense, or the joint expense of Landlord and Tenant, shall be and remain the property of Landlord, hereinafter unless otherwise agreed to by Landlord and Tenant. Landlord, at the expiration of the Term or any renewal or extension thereof, may elect to require Tenant to remove all or any part of the Alterations made by the Tenant, subsequent to the Term Commencement Date, unless Landlord agrees in writing not to require the removal of an Alteration at the time Landlord consents to the Alteration. Removal of Tenant's Property and Alteration shall be at Tenant's cost and expense and Tenant shall, at its cost and expense, repair any damage to the Demised Premises or the Building caused by such removal. In the event Landlord does not so elect, and Tenant does not remove Tenant's Property, it shall become property of Landlord. In the event Tenant fails to remove Tenant's property or the Alterations requested to be removed by Landlord on or before the expiration of the Term or any extension or renewal thereof, then and in such event, the Landlord may remove Tenant's Property and Alteration from the Demised Premises at Tenant's expense and the Tenant hereby agrees to reimburse the Landlord for the cost of such removal together with any and all municipal authorities or other agencies having jurisdiction damages which the Landlord may suffer and sustain by reason of the Premises and failure of Tenant to remove the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord further acknowledges that any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession violation of the Office, foregoing requirement by Tenant shall remove all personal property will jeopardize Landlord's bond financing for the Building project of which the leased premises is a part and installations could likely cause Landlord to suffer and incur substantial monetary damage or injury to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall would be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseliable.

Appears in 1 contract

Sources: Lease Agreement (Startec Global Communications Corp)

Alterations. Absent Landlord’s written consentA. Tenant shall not make any alterations, Tenant may make no alterations additions or improvements to the OfficePremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixture as it may make 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, installations additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of the Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements (and partitions erected by Tenant and restore the “Alterations”) Premises to their original condition by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this Lease or other operations or services upon earlier vacating of the Premises and which are done by contractors and sub-contractors approved by provided, however, that if Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities so elects prior to termination of this Lease or other agencies having jurisdiction upon earlier vacating of the Premises that such alterations, additions, improvements and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this Lease or upon such installation earlier vacating of the Premises and shall remain be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal tenant shall restore the Premises to their original conditions. 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 buildings and other improvements situated on the Premises B. Tenant shall remove any sumps and clarifiers and any related Hazardous Materials ("Hazardous Materials" shall mean petroleum and petroleum products, asbestos, and PCBs and any "hazardous substances", "hazardous materials", or "toxic substances" in the Office upon Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Hazardous Materials Transportation Act, as amended, or the Resource Conservation and Recovery Act, as amended, those substances, materials and wastes which are defined as "hazardous wastes" or as "hazardous substances" in the Washington Health and Safety Code or Labor Code, and "hazardous" or "toxic" in the regulations adopted or publication promulgated pursuant to any of said laws) in or about the Premises and associated with ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s 's use and must be removed occupancy thereof upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender expiration or earlier termination of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensethis Lease.

Appears in 1 contract

Sources: Lease Agreement (Gargoyles Inc)

Alterations. Absent Landlord’s written consentTenant shall in no event make or permit to be made any alteration, modification, substitution or other change of any nature to the mechanical, electrical, plumbing, HVAC , and sprinkler systems within or serving the Premises. After completion of Tenant's Improvements within the Premises, Tenant may shall not make no alterations or permit any other improvements, alterations, fixed decorations, substitutions or modifications, structural or otherwise, to the OfficePremises or the Building ("Alterations") without the prior written approval of Landlord, which approval shall not unreasonably be withheld, conditioned or delayed. With Landlord’s written consent's approval shall include the conditions under which acceptable Alterations may be made. Alterations shall include, but not be limited to, the installation or modification of carpeting, walls, partitions, counters, doors, shelves, lighting fixtures, hardware, locks, ceiling, window and wall coverings; but shall not include the initial Tenant's Improvements placed within the Premises pursuant to subsection 5.1. All Alterations shall be based on complete plans and specifications prepared and submitted by Tenant to Landlord for approval, except in the instance of cosmetic changes, such as painting and carpeting, in which case Tenant shall provide Landlord with samples showing colors, styles, etc. Tenant may itself, or by engaging qualified contractors, make cosmetic changes, non-structural information-technology-related installations, and non-structural Alterations costing less than $25,000. All other Alterations shall be made by Landlord, after competitive bidding and selection of a contractor reasonably approved by Tenant, at Tenant’s 's sole cost and expensecost, may make alterationspayable by Tenant, installations and improvements (the “Alterations”) to the Office provided they are non-structural in natureas Additional Rent, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days after receipt of said filing at an invoice for same from Landlord, which cost shall include Landlord's standard construction management fee, not to exceed three percent (3%) of construction costs. Tenant shall be responsible for the cost of any additional improvements within the Premises or the Common Area required by The Americans with Disabilities Act of 1990 as a result of Tenant’s sole cost and expense's Alterations. Any installation If Tenant makes any Alterations without the prior consent of materialsLandlord, fixtures and the like shall become the property of Landlord upon such installation and shall remain then, in the Office upon ▇▇▇▇▇▇’s surrender of same. Howeveraddition to Landlord's other remedies, Landlord may relinquish correct or remove such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished Alterations and Tenant shall immediately restore and repair pay the Office to that condition existing cost thereof, as Additional Rent, on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensedemand.

Appears in 1 contract

Sources: Maryland Full Service Office Lease (Gp Strategies Corp)

Alterations. Absent Landlord’s Tenant shall make no changes in or to the demised premises of any nature without Owner's prior written consent, Tenant may make no alterations . Subject to the Office. With Landlord’s prior written consentconsent of Owner, and to the provisions of this article, Tenant, at Tenant’s sole cost and 's expense, may make alterations, installations and installations, additions or improvements (the “Alterations”) to the Office provided they which are non-structural in nature, and which do not effect affect utility services or plumbing and electrical lines, in or to the Services, utilities or other operations or services interior of the Premises demised premises by using contractors or mechanics first approved in each instance by Owner. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and which are done 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 approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance, in such amounts insurance as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the AlterationsOwner may require. Should a If any mechanic’s 's lien be is filed against the Office and/or Premisesdemised premises, or the building of which the same forms a part, for work done or claimed to have been done for, or materials supplied for furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within 30 days thereafter, at Tenant's expense, by payment or filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or to the Officeby Owner on Tenant's behalf, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsshall, fixtures and the like shall upon installation, become the property of Landlord upon such installation Owner and shall remain in upon and be surrendered with the Office upon ▇▇▇▇▇▇’s surrender of same. Howeverdemised premises unless Owner, Landlord may relinquish such right of ownership by notice to the installations by giving Tenant thirty (30) no later than twenty days written notice prior to the Termination Date date fixed as the termination of such relinquishment of ownershipthis lease, elects to relinquish Owner's rights thereto and to have them removed by Tenant, in which event, they the same shall become Tenant’s and must be removed upon from the Termination Datepremises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing herein is meant in this article shall be construed to give Landlord any ownership rights in and Owner title to or to prevent Tenant’s 's removal of trade fixtures, moveable office furniture and equipment which can equipment, but upon removal of any such from the premises or upon removal of other installation as may be easily moved. Upon the Termination Date and surrender of possession of the Officerequired by Owner, Tenant shall remove all personal property immediately and installations at its expense, repair and restore the premises to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore the condition existing prior to installation and repair any damage to the Office demised premises or the building due to that condition existing on such removal. All property permitted or required to be removed by Tenant at the Commencement Date. Any and all property end of Tenant the term remaining in the Office premises after the Termination Date Tenant's removal shall be deemed abandoned by Tenant and Landlord may may, at the election of Owner, either retain such abandoned be retained as Owner's property or may remove such abandoned property be removed from the premises by Owner at Tenant’s 's expense.

Appears in 1 contract

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

Alterations. Absent Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord’s written consent. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may make no alterations deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements, All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the Office. With Landlord’s written consenttermination of this Lease if Tenant so elects, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (shall be removed by the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this Lease or other operations or services upon earlier vacating of the Premises and which are done if required by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Landlord; upon any such removal Tenant shall obtain all permits, approvals, certificates required by any restore the Premises to their original condition. Al1 such removals and all municipal authorities restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or other agencies having jurisdiction structural quality of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseBuilding.

Appears in 1 contract

Sources: Lease Agreement (Netspeak Corp)

Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the OfficePremises (including but not limited to roof, floor and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. With Landlord’s written consentIn the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant’s 's sole cost and expense, may 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 same and all subcontractors must first be approved in writing by Landlord, or, at Landlord's sole option and discretion, the alterations, installations additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof, including a fee of fifteen percent (15%) of such cost to cover Landlord's overhead, within twenty (20) days after written notification of Tenant by Landlord providing Tenant with an invoice or other request (or statement). Promptly after completion of any alterations, additions, or improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done made by contractors and sub-contractors approved by Landlord in every instance. Before making AlterationsTenant, Tenant shall obtain all permitssupply Landlord with a set of scaled and dimensioned, approvalsreproducible mylars of "as-built" plans for such alterations, certificates required additions or improvements, certified by any Tenant's architect or space planner. Tenant may, without the consent of Landlord, but at its own cost and all municipal authorities or other agencies having jurisdiction 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 Premises Building or improvements and without overloading or damaging the Alterations Building or improvements, and upon receiving samein each case complying with all applicable governmental laws, Tenant shall deliver duplicate or certified copies to Landlord of each ordinances, regulations and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseother

Appears in 1 contract

Sources: Lease Agreement (Inhibitex Inc)

Alterations. Absent Landlord’s written consentExcept for the Tenant Improvements and the repair or replacement of finishes in the Premises (i.e., paint, carpet, flooring, wallcoverings, countertops and similar items), Tenant may will not make no alterations any structural or non-structural Alterations to the OfficePremises without Owner’s consent; provided, however, the placement of art, decorations, boards, screens, and other items customarily placed on walls in office buildings will not be deemed to be an alteration or modification so long as they can be removed without substantial irreparable damage to the walls. With Landlord’s written consentOwner may condition its consent on various matters, Tenant, including Tenant agreeing to remove the Alterations and repair any resulting damage on Lease termination at Tenant’s sole cost, and if such alterations require construction permits from local governmental permitting authorities, Tenant posting security for the estimated cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises Alterations or Tenant posting performance bonds for the Alterations, and/or lien waivers, and which are done by contractors Owner’s approval of the plans and sub-contractors approved by Landlord specifications for the Alterations. All Alterations will be performed in every instancea good and workmanlike manner, and in conformity with all Legal Requirements. Before making Upon completion of any Alterations, Tenant shall obtain will (a) if such alterations require construction permits from local governmental permitting authorities, provide Owner with “as built” plans and copies of all construction permits, contracts and approvals; and (b) provide Owner with proof of payment for all labor and materials. Owner agrees to execute affidavits of legal interest as necessary for Tenant to secure any permits or approvals for approved Alterations from any governmental authority having jurisdiction; provided, certificates however, any fees, charges and expenses required in connection therewith must be borne solely by Tenant. Unless permitted under the Tenant Improvements or this Section 14, Tenant will not make any and all municipal authorities penetrations in the roof, walls, floor slab, foundations or other agencies having jurisdiction exterior of the Premises and Building whatsoever without Owner’s prior consent. In no event shall Tenant be required to remove the Alterations and upon receiving same, Tenant shall deliver duplicate Improvements (including any data or certified copies to Landlord cabling installations installed as part of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done Work) or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed Alterations upon the Termination Dateexpiration of earlier termination of this Lease, unless Owner requires such removal as part of any required consent to its installation. Nothing herein is meant Owner also agrees that Tenant will not be obligated to give Landlord remove any ownership rights in Tenant Improvements approved by Owner, unless Owner requires the removal obligation as a condition of Owner’s approval; provided, however, Owner agrees that Tenant will not be obligated to remove any Tenant Improvements that are ordinary or customary for general office and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensecall center uses.

Appears in 1 contract

Sources: Lease Agreement (Tandem Diabetes Care Inc)

Alterations. Absent Landlord’s written consent, Tenant may shall have the right to make no alterations or additions to the Office. With Landlord’s written consentPremises, Tenantor construct additional improvements on the Premises, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) subject to the Office provided they are prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that Landlord's prior written consent will not be necessary for any alteration, addition, or improvement of a cosmetic and non-structural nature. All work shall be made with due diligence, in naturea good and workmanlike manner and in compliance with all laws, which do not effect the Servicesordinances, utilities orders, rules, regulations, certificates of occupancy, or other operations or services of the Premises governmental requirements, and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, provided Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to provide Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within with thirty (30) days advance notice before commencing such work, excepting the cosmetic work. Title to all improvements constructed or installed by Tenant shall be and remain vested in Tenant during the term of said filing at Tenant’s sole cost this Lease. All alterations, additions, fixtures, and expense. Any installation of materialsimprovements, fixtures and the like shall become the property of Landlord upon such installation and shall remain whether temporary or permanent in the Office upon ▇▇▇▇▇▇’s surrender of same. Howevercharacter, Landlord may relinquish such right of ownership made to the installations Premises by giving Tenant, will immediately vest in Landlord at the end of the Term of this Lease and will remain on the Premises without compensation to Tenant. Notwithstanding anything to the contrary in this section, all equipment, shelves, bins, machinery and trade fixtures installed by Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis Lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this Lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the OfficePremises if required by Landlord; upon any such removal, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office portion of the Premises from which such equipment, shelves, bins, machinery or trade fixtures were removed. Upon Lease expiration, Tenant shall, upon Landlord's request, remove its cabling from the Premises and the Building. All such removals and restoration shall be accomplished in good workmanlike manner so as not to that condition existing damage the primary structure or structural qualities of the Buildings and other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePremises.

Appears in 1 contract

Sources: Office Lease Agreement (F5 Networks Inc)

Alterations. Absent a. Tenant shall not make any alterations, additions or improvements to any portion of the Premises, either inside or outside, without Landlord’s prior written consentconsent in each instance. Upon any request by Tenant to make any alterations, additions or improvements, Landlord reserves the right to require Tenant to submit to Landlord plans and specifications for Landlord’s approval. Any alterations, additions or improvements (except for movable equipment and furniture owned by Tenant) installed in the Premises by or on behalf of Tenant shall, at Landlord’s option, become a part of the Premises and Landlord’s property upon the expiration or earlier termination of this Lease unless otherwise stated by Landlord in writing; provided, however, Landlord shall have the right to require Tenant to remove any such alteration, addition or improvement at Tenant’s expense upon the expiration or earlier termination of this Lease. In the event that Landlord so elects, and Tenant fails to remove such alteration, addition or improvement, Landlord may make no alterations remove such alteration, addition or improvement at Tenant’s cost, and Tenant shall pay Landlord on demand the cost of restoring the Premises to the Officecondition it existed as of the Commencement Date, ordinary wear and tear excepted. With Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in repairing or replacing any damage to the Building, Premises or Common Areas caused by Tenant or Tenant’s agents, employees, invitees, or visitors except to the extent covered by insurance. b. If any such alterations, additions or improvements are consented to by Landlord’s written consent, Tenant, at Tenant’s its sole cost and expense, may make alterationsshall perform such work in a good and workmanlike manner, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permitsnecessary governmental permits and certificates necessary for the commencement and completion of such alterations, approvalsadditions and improvements, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises shall cause such alterations, additions and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause improvements to be carried by each contractor performed in compliance therewith and sub-contractorwith all applicable laws, workmen’s compensationordinances, general liabilityrequirements, personal orders, rules and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseregulations.

Appears in 1 contract

Sources: Lease Agreement (Super Vision International Inc)

Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may make 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, installations additions, improvements and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done partitions erected by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any be and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become remain the property of Landlord Tenant during the term of this lease and Tenant shall, 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 such installation earlier vacating of the premises. All shelves, bins, machinery and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord trade fixtures installed by Tenant may relinquish such right of ownership to the installations be removed by giving Tenant thirty (30) days written notice prior to the Termination Date termination of such relinquishment of ownershipthis lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Office, premises if required by Landlord; upon any such removal Tenant shall remove all personal property restore the premises to their original condition. All such removals and installations restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensepremises.

Appears in 1 contract

Sources: Lease Agreement (Cortelco Systems Inc)

Alterations. Absent Landlord’s written consent(a) Tenant shall not make any alterations, Tenant may make no alterations additions or improvements to the OfficePremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. With Tenant may, without the consent of Landlord’s written consent, Tenantbut 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 roof or any area outside of the Premises, does not materially affect the electrical, plumbing, HVAC or mechanical systems in the Building or servicing the Premises, or the sprinkler or other life safety system, does not overload or damage 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 Lease Term 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 Expiration Date or upon earlier vacating of the Premises by Tenant at Tenant’s sole cost and expense; provided, may make however, that if Landlord so elects prior to the Expiration Date or earlier vacating of the Premises, all such alterations, installations additions, improvements and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord upon such installation and shall remain in be delivered up to Landlord with the Office upon ▇▇▇▇▇▇’s surrender of samePremises. HoweverAll non-permanently affixed racks, Landlord shelves, bins, machinery and trade fixtures installed by Tenant may relinquish such right of ownership be removed by Tenant prior to the installations Expiration Date if Tenant so elects, and shall be removed by giving 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 required 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). 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 written notice prior to the Termination Date cancellation, material change, or nonrenewal of such relinquishment account/bonding. Landlord may, from time to time, prepare, record and deliver, as required by NRS 108.234, notices of ownership, non-responsibility that Landlord deems necessary or appropriate in which event, they shall become connection with Tenant’s and must be removed upon Work or any alterations, additions or improvements to the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Premises by or on behalf of Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished ; and Tenant shall immediately restore promptly provide Landlord such documents and repair instruments requested by Landlord in connection with the Office same. Tenant agrees that this Section 8(b) serves as the notice to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenserequired under NRS 108.234(3)(e).

Appears in 1 contract

Sources: Lease Agreement (Leatt Corp)

Alterations. Absent Tenant shall not make any major alterations, additions, or improvements to the Premises without the prior written consent of Landlord’s written consent. 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 the other occupants of the Building or any other of Landlord's tenants, and in each case complying with all applicable governmental laws, ordinances, regulations, and other requirements. At the termination of this Lease, Tenant may make no alterations to the Office. With Landlord’s written consentshall, Tenantif Landlord so elects, and at Tenant’s 's sole cost and expense, may make remove all alterations, installations additions, improvements, and partitions erected by Tenant and restore the Premises to their original condition; otherwise, such improvements (shall be delivered to Landlord with the “Alterations”) Premises. 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 Office provided they are non-primary structure or structural in nature, which do not effect the Services, utilities or other operations or services qualities of the Premises Building and which are done by contractors and sub-contractors approved by Landlord other improvements situated on the Premises. Any fixtures installed in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises by Tenant other than shelves, bins, machinery, and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, similar trade fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensewhen installed.

Appears in 1 contract

Sources: Lease Agreement (Nano Proprietary Inc)

Alterations. Absent Future improvements or alterations of the Premises (beyond Landlord’s 's Tenant Improvements) requested by Tenant to be performed (but are not obligated to be performed) by Landlord at Tenant's sole expense and following the signing of an approval and restoration agreement between Tenant and Landlord. Alternatively, after obtaining Landlord's written consentconsent in each instance, Tenant may make all required permits and approvals, and after providing Landlord with insurance and indemnification required by Landlord (all at no alterations expense or cost to the Office. With Landlord’s written consent), Tenant, at Tenant’s 's sole cost and expense, may make alterationsinstall necessary trade fixtures, installations equipment and improvements (the “Alterations”) to the Office provided they are furniture and may also install or modify non-structural and fixed improvements in naturethe Premises, which do not effect provided that such items installed or modified leave the Services, utilities Premises restorable to its prior condition without structural damage to the Building or other operations fixed tenant improvements. Landlord reserves the right to approve or services disapprove curtains, draperies, shades, paint and other interior improvements visible from outside the Premises on wholly aesthetic grounds. Any fixed improvements by Tenant must be submitted for Landlord's written approval and approved by Landlord prior to installation or Landlord may remove or replace such items and restore the Premises at Tenant's sole expense. Trade fixtures, equipment and furniture installed by Tenant shall remain Tenant's property and shall be removed by Tenant prior to expiration of the Term or earlier termination of this Lease. Tenant's installation or modification of improvements in the Premises shall provide that such improvements are installed and are removable without structural damage to the Building or its tenant improvements. Tenant shall record a Notice of Completion with the County Auditor and also provide a copy of the recorded document to Landlord. Tenant shall, at Tenant's cost, provide Landlord with a set of "as-built" updated drawings for any tenant improvement or modification work which Tenant undertakes. Prior to expiration of the Term or earlier termination of this Lease, Landlord shall, in Landlord's sole discretion, determine whether some or all of Tenant's alterations are to be restored to the prior condition, and whether some or all temporary improvements are to be removed. 0n or before expiration of the Term or earlier termination of this Lease, Landlord shall notify Tenant which of Tenant's alterations and improvements are to remain and which are done by contractors to be removed or restored. Tenant shall, at Tenant's sole expense, remove and sub-contractors approved by restore all remaining improvements to their condition prior to Tenant's alteration, except those improvements which Landlord in every instancehas elected to retain without restoration. Before making Alterations, Tenant Those improvements which Landlord elects to retain shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction become Landlord's property. On expiration of the Premises Term or earlier termination of this Lease, temporary or fixed improvements which Landlord elects to have removed shall remain Tenant's property and shall be removed by Tenant prior to expiration of the Alterations and upon receiving same, Tenant shall deliver duplicate Term or certified copies to Landlord earlier termination of each and every onethis Lease. Tenant shall carry and cause assume the risk of damage to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and any of Tenant's fixtures. Tenant shall deliver evidence of such insurance to Landlord prior to repair, at Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises's sole expense, for work done or claimed to have been done or materials supplied for Tenant or all damage to the OfficePremises and/or Building caused by the installation or removal of Tenant's trade fixtures, equipment, furniture, temporary, or fixed improvements. If Tenant shall pay or cause fails to be paid or file a bond in remove the amount stated in foregoing items and restore the mechanic’s lien within thirty (30) days Premises to its prior condition before termination of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. Howeverthis Lease as required by Landlord, Landlord may relinquish such right keep and use those improvements and materials or remove any of ownership them and cause them to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershipbe stored or sold in accordance with applicable law, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s 's sole expense.

Appears in 1 contract

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

Alterations. Absent Landlord’s written consentAfter the completion of the initial Tenant Improvements (if any), Tenant may shall not make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make any alterations, installations and additions, substitutions or improvements (the “Alterations”) in or to the Office provided they are non-structural Premises, or make changes to locks on doors, or add, disturb or in natureany way change any plumbing or wiring (“Changes”) without first obtaining the written consent of Landlord, which do not effect and, where applicable, in accordance with plans and specifications reasonably approved by Landlord. As a condition to its approval, Landlord in its sole discretion may require Tenant to remove such Alterations or Changes upon the Services, utilities expiration or other operations or services earlier termination of the Term and any extension period thereof, and to restore the Premises to the condition they were in prior to such Alterations or Changes, including restoring any damage resulting from such removal, all at Tenant’s expense, but excepting reasonable use and which are done by contractors wear and sub-contractors tear. Any Alterations or Changes, but excluding Tenant Improvements, approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates and not required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Dateexpiration or earlier termination of the Lease shall become a part of the realty and become property of the Landlord upon the expiration or earlier termination of this Lease. Nothing herein is meant Any Alterations or Changes required to give Landlord any ownership rights in and be made to Tenant’s trade fixturesPremises by any amendment to any applicable building, office furniture health, safety, fire, nondiscrimination, or similar law or regulation (“law”), or any new law shall be made at Tenant's sole expense and equipment which can shall be easily movedsubject to the prior written consent of Landlord. Upon Except with respect to the Termination Date and surrender of possession of the Officeinitial Tenant Improvements, Tenant shall remove all personal property reimburse Landlord for any reasonable sums expended for examination and installations approval of the 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 which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and the Premises or Building by Tenant shall immediately restore and repair or by any persons who may be in or upon the Office to that condition existing on Premises or Building with the Commencement Date. Any and all property express or implied consent of Tenant remaining in for the Office after purpose of making Changes or Alterations, including but not limited to the Termination Date cracking or breaking of any glass of windows and doors, shall be deemed abandoned paid for by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense.

Appears in 1 contract

Sources: Lease Agreement

Alterations. Absent Tenant shall make no changes in or to the demised premises of any nature without Landlord’s 's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this article, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and 's expense, may make alterations, installations and installations, additions or improvements (the “Alterations”) to the Office provided they which are non-structural in nature, and which do not effect adversely affect utility services or plumbing and electrical lines, in or to the Services, utilities or other operations or services interior of the Premises demised premises by using contractors or mechanics first approved by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which are done event, 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 Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Landlord. Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the premises by Landlord at Tenant's expense. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by 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 approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance, in such amounts insurance as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterationsmay reasonably require. Should a If any mechanic’s 's lien be or U.C.C. financing statement is filed against the Office and/or Premisesdemised premises, or the building of which the same forms a part, for work done or claimed to have been done for, or materials supplied for furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant or to the Officewithin ten days after notice, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and 's expense. Any installation of materials, fixtures and by filing the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations bond required by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property law or may remove such abandoned property at Tenant’s expenseotherwise.

Appears in 1 contract

Sources: Sublease Agreement (Maxwell Shoe Co Inc)

Alterations. Absent Landlord’s written consentA. Tenant shall not make any alterations, Tenant may make no alterations additions or improvement to the OfficeDemised Premises (including without limitation roof and wall penetrations) (collectively, "alterations") without the prior written consent of Landlord. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good and workmanlike manner erect such shelves, bins, machinery and fixtures as it may make deem advisable, so long as such comply with all regulations and do not alter the basic character of, or overload or damage, the building or improvements. B. All alterations, installations additions and improvements (erected by Tenant shall be Tenant's property during the “Alterations”) term of this Lease. Prior to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services expiration of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterationsthis Lease, Tenant shall obtain (unless Landlord otherwise elects as provided herein) remove all permitsalterations, approvals, certificates required additions and improvements erected by any Tenant and all municipal authorities restore the Demised Premises to their original condition by the date of Lease termination or other agencies having jurisdiction upon earlier vacating of the Premises and Demised Premises. However, Landlord shall have the Alterations and upon receiving sameright to elect, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing during the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days prior to termination or earlier vacating of said filing at Tenant’s sole cost the Demised Premises, that any such alterations, additions and expense. Any installation of materials, fixtures and the like improvements shall become the property of Landlord as of the date of termination or upon such installation earlier vacating of the Demised Premises, and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, that they shall become Tenant’s and must not be removed upon by Tenant. C. All removals and restoration to original condition shall be accomplished in a good and workmanlike manner so as not to damage the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession primary structure or structural quality of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property Demised Premises or may remove such abandoned property at Tenant’s expensebuilding.

Appears in 1 contract

Sources: Lease Agreement (Newlink Genetics Corp)

Alterations. Absent Except as set forth herein, Tenant shall not make any alterations, additions or improvements to 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 Premises or the Building, (ii) such items do not overload or damage same, (iii) such items may be removed without injury to the Premises, and (iv) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord’s written specifications and requirements. With respect to tenant improvements constructed after Substantial Completion, Tenant shall be responsible for compliance with The Americans With Disabilities Act of 1990 Landlord shall be responsible for having the shell building and Tenant Improvements upon Substantial Completion comply with The Americans With Disabilities Act of 1990 Without implying any consent of Landlord thereto, all alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease. Tenant may remove, either during or at the termination of the Lease, all bus duct, all elements relating to the cleaning and packaging room, the exhaust system for the grinding and polishing room, the air compressors to run the internal compressed air lines and the outside signage All shelves, bins, machinery and trade fixtures installed by Tenant 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, 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, Tenant may make no alterations up to $50,000 per year of improvements to the Office. With Landlord’s written consentPremises subsequent to the construction of the initial Tenant Improvements, if such improvements do not affect the structure of the Building Except for improvements made by the Tenant to the mezzanine level of the Premises, any such improvements are subject to demolition upon the termination or expiration of this Lease if Landlord notifies Tenant prior to the time that the improvements are constructed that demolition will be required at the termination or expiration of this Lease Improvements to the mezzanine level of the Premises may be required to be demolished at the termination of the Lease If required, Landlord must notify Tenant of such requirement at least three (3) months prior to the termination of the Lease Any demolition required under this provision is to be performed by Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensecosts.

Appears in 1 contract

Sources: Lease Agreement (DJO Finance LLC)

Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the OfficePremises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. With If Landlord consents to Tenant's contractors doing the work, Landlord may require, at Landlord’s written consent's sole option, Tenantthat Tenant provide, at Tenant’s sole cost and 's expense, may make alterations, installations a lien and improvements (the “Alterations”) completion bond in an amount equal to the Office provided they are non1-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by 1/2 times any and all municipal authorities estimated costs of improvements, additions or other agencies having jurisdiction 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 Premises work. 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 Alterations basic character of the Building or improvements and upon receiving samewithout 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 deliver duplicate or certified copies to Landlord be and remain the property of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured during the term of this lease; and Tenant shall deliver evidence 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 such insurance to termination of this lease or upon earlier vacating of the Premises, provided, however, that, if Landlord so elects, prior to Tenant’s commencing termination of this lease or upon earlier vacating of the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Officesuch alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost additions, improvements and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the Premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis lease, in which eventif Tenant so elects, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon earlier vacating of the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily movedPremises if required by Landlord. Upon the Termination Date and surrender of possession of the Officeany such removal, Tenant shall remove all personal property restore the Premises to their original condition. All such removals and installations restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the Buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePremises.

Appears in 1 contract

Sources: Lease Agreement (United Stationers Supply Co)

Alterations. Absent Landlord’s written consent, Tenant may shall not make no any alterations or improvements to the Office. With Premises (including but not limited to roof and wall penetrations) without prior written consent of Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Servicesconsent may be granted or denied in Landlord's sole discretion, utilities or other operations or services of the Premises and which are done then only by contractors and sub-contractors in such manner and with such materials as may be approved by Landlord in every instanceLandlord's sole discretion. Before making AlterationsNotwithstanding the foregoing, Tenant shall obtain all permitsmay, approvalswithout the consent of Landlord, certificates required by any but at its own cost and all municipal authorities or other agencies having jurisdiction 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 Premises Building and without overloading or damaging the Alterations Building and upon receiving samein each case complying 9 with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall deliver duplicate or certified copies to Landlord be and remain the property of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured during the term of this Lease and Tenant shall deliver evidence shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the Termination Date or upon earlier vacating of such insurance to the Premises; provided however, that if Landlord so elects prior to Tenant’s commencing termination of this Lease or upon earlier vacating of the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Officesuch alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost additions, improvements and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the Termination Date or upon such installation earlier vacating of the Premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date of such relinquishment of ownershipif Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the Termination Date or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the Building. Any such shelves, bins, machinery and trade fixtures or other property of Tenant which shall remain in the Premises after the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon may, at the Termination Date and surrender option of possession of the OfficeLandlord, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned to have been abandoned, and in such case such items may be retained by Tenant Landlord, without accountability and in such manner as Landlord may either retain such abandoned property or may remove such abandoned property shall determine, at Tenant’s expense's expense including all costs of selling, disposing, removing and storing such property.

Appears in 1 contract

Sources: Lease (Ecc International Corp)

Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the OfficePremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld. With Landlord’s written consentIn the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant’s '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 same and all subcontractors must first be approved in writing by 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 make 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, installations 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 “Alterations”) Premises to their original condition by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this lease or other operations or services upon earlier vacating of the Premises and which are done by contractors and sub-contractors approved by Premises; provided, however, that if Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities so elects prior to termination of this lease or other agencies having jurisdiction upon earlier vacating of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Officesuch alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost additions, improvements and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the Premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the Premises. Notwithstanding the foregoing sentence, all shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon earlier vacating of the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily movedPremises if required by Landlord. Upon any such removal Tenant shall restore the Termination Date Premises to their original condition (normal wear and surrender of possession tear excepted). All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the Office, Tenant shall remove all personal property building and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePremises.

Appears in 1 contract

Sources: Warehouse Lease Agreement (Radiant Systems Inc)

Alterations. Absent Landlord’s written consentA. Tenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises including but not limited to roof and wall penetrations without the prior written consent of Landlord (13). With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expense, may expense and in a good workmanlike manner make such minor alterations, installations additions or improvements or erect, remove or alter such partitions, or erect such shelves, bins, machinery and improvements (trade fixtures as it may deem advisable, without altering the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services basic character of the Premises building or improvements and which are done 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 contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any be and all municipal authorities or other agencies having jurisdiction remain the property of Tenant during the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord term of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured this lease and Tenant shall deliver evidence 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 such insurance to termination or expiration of this lease; provided, however, that if Landlord so elects prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premisestermination or expiration of this lease, for work done or claimed to have been done or materials supplied for Tenant or to the Officesuch alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost additions, improvements and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord upon such installation as of the date of termination or expiration of this lease and shall remain be delivered up to the Landlord with the premises. All shelves bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination or expiration of this lease if Tenant so elects, and shall be removed 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 Office upon ▇▇▇▇▇▇’s surrender primary structure or structural qualities of samethe buildings and other improvements situated on the premises. However(14) B. Before commencing any work relating to alterations, additions and improvements affecting the premises, Tenant shall notify Landlord in writing of the expected date of commencement thereof. Landlord shall then have the right at any time and rom time to time to post and maintain on the premises such notices as Landlord deems necessary to protect the premises and Landlord from mechanics' liens, materialmen's liens or any other liens. At any time Tenant either desires or is required to make any repairs, alterations, additions, improvements or utility installations pertaining to the premises, Landlord may relinquish such right of ownership require Tenant, at Tenant's sole cost and expense, to obtain and provide to Landlord a lien and completion bond in a form and by a surety acceptable to Landlord in an amount equal to the installations by giving Tenant thirty estimate cost of (3015) days written notice prior such improvements, to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s insure Landlord against liability for mechanics' and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in materialmen's liens and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession insure completion of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensework.

Appears in 1 contract

Sources: Lease Agreement (Park Electrochemical Corp)

Alterations. Absent a. Tenant shall make no alterations, additions or improvements in or to the Premises without Landlord’s 's prior written consent, and then only by contractors or mechanics approved by Landlord. Tenant may make no alterations shall submit to Landlord plans and specifications for any proposed alterations, additions or improvements to the OfficePremises, and may not make such alterations, additions or improvements until Landlord has approved of such plans and specifications. With Tenant shall construct such alterations, additions or improvements in accordance with the plans and specifications approved by Landlord’s , and shall not amend or modify such plans and specifications without Landlord's prior written consent. If the proposed change requires the consent or approval of any lessor of a superior lease, Tenantor the holder of a mortgage encumbering the Premises, such consent or approval must be secured prior to the construction of such alteration, addition or improvement. 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 Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, regulations and requirements of all governmental agencies, offices and boards having jurisdiction, and in full compliance with the rules, regulations and requirements all governmental agencies, offices and boards having jurisdiction, and in full compliance with the rules, regulations and requirements of the Insurance Service Office, and any similar body. Before commencing any work, Tenant shall give Landlord at least ten (10) days written notice of the proposed commencement of such work and shall, if required by Landlord, secure at Tenant’s sole 's own cost and expense, may make alterations, installations a completion and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies lien indemnity bond satisfactory to Landlord of each and every onefor said work. Tenant shall carry further covenants and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a agrees that any mechanic’s 's lien be filed against the Office and/or Premises, Premises or against the Building for work done or claimed to have been done for, or materials supplied for Tenant or claimed to the Officehave been furnished to Tenant, Tenant shall pay or cause to will be paid or file a discharged by Tenant, by bond in the amount stated in the mechanic’s lien otherwise, within thirty (3010) days of said after the filing thereof, at Tenant’s sole the cost and expenseexpense of Tenant. Any installation All alterations, additions or improvements upon the Premises made by either party, including (without limiting the generality of materialsthe foregoing) all wallcovering, fixtures built-in cabinet work, paneling and the like like, shall unless Landlord elects otherwise, become the property of Landlord upon such installation Landlord, and shall remain in upon, and be surrendered with the Office upon ▇▇▇▇▇▇’s surrender Premises, as a part thereof, at the end of same. Howeverthe term hereof, except that Landlord may relinquish such right of ownership to the installations may, by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s , require Tenant to remove all partitions, counters, railings and the like installed by Tenant, and Tenant shall repair all damage resulting from such removal or, at Landlord's option, shall pay to Landlord all costs arising from such removal. b. All articles of personal property and all business and trade fixtures, office machinery and equipment, furniture and equipment which can movable partitions owned by Tenant or installed by Tenant at its expense in the Premises shall be easily moved. Upon and remain the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining and may be removed by Tenant at any time during the lease term when Tenant is not in default hereunder. If Tenant shall fail to remove all of its effects from the Office after Premises upon termination of this Lease for any cause whatsoever, Landlord may, at its option, remove the Termination Date same in any manner that Landlord shall choose, and store said effects without liability to Tenant for loss thereof. In such event, Tenant agrees to pay Landlord upon demand any and all expenses incurred in such removal, including court costs and attorneys' fees and storage charges on such effects, for any length of time that the same shall be deemed abandoned by Tenant in Landlord's possession. Landlord may, at its option, without notice, sell said effects, or any of the same, at private sale and without legal process, for such price as Landlord may either retain obtain and apply the proceeds of such abandoned property or may remove such abandoned property at Tenant’s expensesale upon any amounts due under this Lease from Tenant to Landlord and upon the expense incident to the removal and sale of said effects.

Appears in 1 contract

Sources: Consent to Construction (Heritage Oaks Bancorp)

Alterations. Absent SECTION 17.1 Tenant shall not make any structural or exterior alterations or improvements to the Demised Premises without in each instance first obtaining Landlord’s 's written consent. Tenant shall have the right, Tenant may make no alterations at any time from time to the Office. With time, without Landlord’s written 's consent, Tenantto paint the interior of Demised Premises or any part of parts thereof, at Tenant’s sole cost and expense, may to make alterations, installations and improvements (the “Alterations”) to the Office provided they are any non-structural in naturealterations, improvements or installations in, to or upon the interior of Demised Premises; provided, however, that; (i) Tenant shall have the right to make alterations or improvements to the storefront of the Demised Premises only with Landlord's consent, which do shall not effect be unreasonably withheld, provided that the Servicesalteration or improvement is consistent with the appearance of the balance of the Shopping Center; and (ii) No alteration, utilities improvement, installation or addition made by Tenant shall endanger or impair the structure of, or decrease the value, utility or cubic area of, the Demised Premises. SECTION 17.2 All alterations, improvements or installation made or doe by Tenant in, on or to the Demised Premises or any parts or facilities thereof shall be done in a good and workmanlike manner and in conformity with all statutes, ordinances, rules, regulations and requirements of public authorities and insurance inspection and rating bureaus having jurisdiction, and with all necessary governmental permits or authorities. SECTION 17.3 Any and all alterations, improvements or installations made in , to or upon the Demised Premises by Tenant or Landlord (but not Tenant's furniture, lighting fixtures, trade fixtures and movable trade equipment, counters and shelving or signs installed by Tenant) shall, except as hereinafter provided, be surrendered with the Demised Premises as part thereof at the expiration or other operations or services termination of the term of this Lease. Tenant shall remove any such alterations, improvements or installations if Landlord shall require such removal by notice to Tenant at least 60 days prior to the Expiration Date. Tenant shall, upon the Expiration Date or sooner termination of this Lease, remove its said furniture, trade fixtures and trade equipment, counters, shelving, racking and signs, and Tenant shall have the right, at its option, to remove any such alterations, improvements, installations or interior additions from the Demised Premises and which are done by contractors and sub-contractors approved by Landlord upon the expiration or other termination (for reasons other than Tenant's default) of the term of this Lease, and, in every instance. Before making Alterationssuch event, Tenant shall obtain all permits, approvals, certificates required by repair any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause Demised Premises caused by such removal and restore the Demised Premises to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice their condition prior to the Termination Date making of such relinquishment the alterations, improvement or installation being removed, with the exception of ownershipfloors. SECTION 17.4 Tenant agrees to indemnify and save harmless Landlord against and from any and all claims for injury, loss or damage to person or property caused by or resulting from the work in which eventconnection with any alterations, they shall become Tenant’s and must be removed improvements, installations or additions in, to or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned Demised Premises made by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at by anyone claiming under Tenant’s expense.

Appears in 1 contract

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

Alterations. Absent Tenant shall make no changes in or to the demised premises of any nature without Landlord’s 's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this article, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and 's expense, may make alterations, installations and installations, additions or improvements (the “Alterations”) to the Office provided they which are non-structural in nature, and which do not effect adversely affect utility services or plumbing and electrical lines, in or to the Services, utilities or other operations or services interior of the Premises demised premises by using contractors or mechanics first approved by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time either by Tenant or by Landlord on Tenant's behalf [ILLEGIBLE] installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which are done event, 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 prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by the 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, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance, in such amounts insurance as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterationsmay reasonably require. Should a If any mechanic’s 's lien be or U.C.C. financing statement is filed against the Office and/or Premisesdemised premises, or the building of which the same forms a part, for work done or claimed to have been done for, or materials supplied for furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant or to the Officewithin ten days after notice, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and 's expense. Any installation of materials, fixtures and by filing the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations bond required by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property law or may remove such abandoned property at Tenant’s expenseotherwise.

Appears in 1 contract

Sources: Sublease Agreement (Maxwell Shoe Co Inc)

Alterations. Absent (a) Tenant will not make or suffer to be made any alterations, additions or improvements in excess of $5,000.00 excluding the initial Tenant Improvements (collectively “Alterations”) to or upon the Premises, the Building, or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord’s written consentapproval. Tenant will provide Landlord with three detailed drawings of Tenants desired Alterations for approval prior to any Alterations being started. When approved, Landlord will return one copy of the drawings to Tenant may make no alterations with Landlords signature of approval. Any Alterations to or upon the Office. With Landlord’s written consent, Premises shall be made by Tenant, at Tenant’s sole cost and expense, may provided that any architect and or contractor selected by Tenant to make alterationsthe same shall be subject to Landlord’s reasonable prior written approval. All Alterations which are permanent in character, installations and improvements (the “Alterations”) to the Office provided they are non-structural in natureincluding wiring for phone, which do not effect the Servicescomputer, utilities cabling, or other operations networks, made in or services upon the Premises either by Tenant or Landlord, may at the option of Landlord, become Landlord’s property and, at the end of the term or any extension hereof, shall remain on the Premises without compensation to Tenant, unless Landlord request that Tenant remove any such Alterations. Notwithstanding the above, Tenant’s work stations, trade fixtures, furniture, equipment, telecommunications, data and network equipment and switches and other items of personal property brought onto the Premises shall not constitute Alterations hereunder and shall remain Tenant’s property upon the expiration or earlier termination of this Lease. (b) All Alterations shall, when completed, be of such a character as not to lessen the value of the Premises or such improvements as may be located thereon. Any Alterations shall be made promptly and which are done by contractors in a good workmanlike manner, and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain compliance with all applicable permits, approvalsbuilding and zoning laws, certificates required and with all other laws, ordinances, orders, rules, regulations and requirements of all applicable federal, state and municipal governments, departments, commissions, boards and offices. The costs of any such Alterations shall be paid by any and all municipal authorities or other agencies having jurisdiction of Tenant, such that the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord be free of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premisesliens, for work done services performed, labor and material supplied or claimed to have been done or materials supplied for Tenant or to the Officesupplied. Before any Alterations shall be commenced, Tenant shall pay any increase in premiums on insurance policies (provided for herein) or cause ensure adequate coverage is in place for all risks related to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days construction of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures such Alterations and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession increased value of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePremises.

Appears in 1 contract

Sources: Commercial Triple Net Lease (Extend Health Inc)

Alterations. Absent Landlord’s written consentExcept for the Tenant Improvements, Tenant may will not make no alterations any alterations, additions or improvements to the OfficePremises (including, but not limited to, roof and wall penetrations without the prior written consent of Landlord (not to be unreasonably withheld, or delayed). With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner, may make alterationserect such shelves, installations bins, machinery, movable lab benches, equipment, trade fixtures (defined as any fixtures used by Tenant in its specific business and improvements (the “Alterations”not paid for by Landlord) to the Office provided they are and other non-structural in natureinterior improvements as it may deem advisable, which do not effect without altering the Services, utilities basic character or other operations or services structure of the Premises or improvements and without overloading or damaging the Premises or Building, and in each case complying with all Applicable Laws. Tenant will not make any alterations, additions or improvements to the Premises which are done will contravene Landlord’s policies insuring against loss or damage by contractors fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in companies reasonably acceptable to Landlord. If any such alterations, additions or improvements cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Premises for permitted uses thereof (as reasonably documented by Landlord), Tenant will pay as Additional Rent the amount of any such increase promptly upon demand by Landlord. Within thirty (30) days receipt of reasonable documentation from Landlord following the completion of any alteration, addition, or improvement at the Premises by Tenant that requires the prior consent of Landlord, Landlord Any and suball alterations, additions, improvements, partitions and fixtures erected by Tenant will be the property of Landlord and will remain at the Premises upon termination of the Lease or upon earlier vacating of the Premises. All shelves, bins, machinery, trade fixtures, and other interior non-contractors approved structural improvements installed by Tenant will remain the personal property of Tenant and may be removed by Tenant prior to the termination of this Lease provided such removal may be accomplished without damage to the Premises or Building that cannot be repaired by Tenant as set forth in this subparagraph. Prior to vacating the Premises, Tenant will repair any damage to the Premises or Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property or trade fixtures by Tenant, or any Tenant Party. Should Tenant fail to conduct any such repair within ten (10) days of written notice from Landlord, Landlord may, at its option, perform same, and Tenant will remit payment to Landlord for the actual cost and expense incurred by Landlord in every instanceeffecting such repair promptly upon demand. Before making AlterationsTenant will have no authority, Tenant shall obtain all permitsexpress or implied, approvalsto create or place any lien or encumbrance of any kind or nature whatsoever upon, certificates required by or in any and all municipal authorities or other agencies having jurisdiction manner to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim will affect and each such lien will attach to, if at all, only the Alterations and upon receiving same, leasehold interest granted to Tenant shall deliver duplicate or certified copies to Landlord of each and every oneby this instrument. Tenant shall carry covenants and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or file a bond materials furnished in connection with any work performed on the Premises at the request of Tenant on which any lien is or can be validly and legally asserted against its leasehold interest in the amount stated Premises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of Landlord in the mechanic’s lien within thirty (30) days Premises or under the terms of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensethis Lease.

Appears in 1 contract

Sources: Lease Agreement (Precision Biosciences Inc)

Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. With Such consent may not be unreasonably withheld or denied. Landlord agrees to grant such consent or deny same with reasons, within fifteen (15) days following its receipt of Tenant's request therefor, together with plans and specs of such improvements, by written notification. The failure of Landlord to timely do so shall be deemed to be its consent. If consent is timely denied, Landlord and Tenant agree to work in good faith to satisfy both parties' needs. Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may make 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, installations 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 “Alterations”) premises to their original condition by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this lease or other operations or services upon earlier vacating of the Premises and which are done by contractors and sub-contractors approved by premises; provided, however, that if Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities so elects prior to termination of this lease or other agencies having jurisdiction upon earlier vacating of the Premises premises, such alterations, additions, improvements and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis lease, in which eventif Tenant so elects, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Office, premises if required by Landlord; upon any such removal Tenant shall remove all personal property restore the premises to their original condition. All such removals and installations restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensepremises.

Appears in 1 contract

Sources: Lease Agreement (Conns Inc)

Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may make 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, installations 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 “Alterations”) premises to their original condition by the Office provided they are non-structural in naturedate of termination of this lease and Tenant shall, which do not effect the Servicesunless however, utilities that if Landlord so elects prior to termination of this lease or other operations or services upon earlier vacating of the Premises premises, such alterations, additions, improvements and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Office, premises if required by Landlord; upon any such removal Tenant shall remove all personal property restore the premises to their original condition. All such removals and installations restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensepremises.

Appears in 1 contract

Sources: Lease Agreement (Comfort Systems Usa Inc)

Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Office. With premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord’s written consent, Tenantwhich consent shall not be unreasonably withheld for interior, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural alterations. Tenant may, without the consent of Landlord, but at its own cost and expense and in naturea good workmanlike manner erect such shelves, which do not effect bins, machinery and other trade fixtures as it may deem advisable, without altering the Services, utilities or other operations or services basic character of the Premises building or improvements and which are done 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 contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain 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 permitsalterations, approvalsadditions, certificates required improvements and partitions erected by any Tenant and all municipal authorities restore the premises to their original condition by the date of termination of this lease or other agencies having jurisdiction upon earlier vacating of the Premises premises; provided, however, that if at such time Landlord so elects such alterations, additions, improvements and the Alterations and upon receiving samepartitions but not Tenant's trade fixtures, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the premises and title shall remain in the Office upon pass to Landlord under this lease as by a ▇▇▇▇▇▇’s surrender ▇ of samesale. HoweverAll shelves, Landlord bins, machinery and trade fixtures installed by Tenant may relinquish such right of ownership to the installations be removed by giving Tenant thirty (30) days written notice prior to the Termination Date termination of such relinquishment of ownershipthis lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Officepremises 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 proposed by Tenant, Tenant shall remove construct the same in accordance with all governmental laws, ordinances, rules and regulations and shall, prior to construction, provide such assurances to Landlord, (including, but not limited to, waivers of lien, surety company performance bonds and personal property and installations guaranties of individuals of substance) as Landlord shall require to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and protect Landlord may either retain such abandoned property against any loss from any mechanics', laborers' or may remove such abandoned property at Tenant’s expensematerialmen's liens, or other liens.

Appears in 1 contract

Sources: Lease Agreement (Factory Card Outlet Corp)

Alterations. Absent Except as otherwise expressly permitted in this lease, Tenant shall make no changes in or to the demised premises of any nature without Landlord’s 's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this article, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and 's expense, may make alterations, installations and installations, additions or improvements (the “Alterations”) to the Office provided they which are non-structural in nature, and which do not effect affect utility services or plumbing and electrical lines, in or to the Services, utilities or other operations or services interior of the 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 time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord's right hereto and to have them removed by Tenant, in which are done event, 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 ▇▇▇▇▇▇'s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the premises after ▇▇▇▇▇▇'s removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the premises by Landlord at Tenant's expense. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by 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 ▇▇▇▇▇▇ agrees to carry and will cause Tenant's contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance, in such amounts insurance as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterationsmay reasonably require. Should a If any mechanic’s 's lien be is filed against the Office and/or Premisesdemised premises, or the building of which the same forms a part, for work done or claimed to have been done for, or materials supplied for furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant or to the Officewithin 30 days thereafter, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However's expense, Landlord may relinquish such right of ownership to by filing the installations bond required by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenselaw.

Appears in 1 contract

Sources: Lease Agreement (Paradise Music & Entertainment Inc)

Alterations. Absent 8.1 Tenant shall not make any alterations, interior decorations, improvements or additions to the Leased Premises or attach any fixtures or equipment thereto, above ten thousand dollars ($10,000) in direct cost to Tenant, without the Landlord’s prior written approval, which approval shall not be unreasonably withheld, delayed or conditioned. All such alterations, interior decorations, improvements or additions made to the Leased Premises or the attachment of any fixtures or equipment thereto shall be performed at Tenant’s sole cost and expense. Tenant may affix pictures and shelving to the walls without Landlord’s consent. So long as Tenant is not in default hereunder, Tenant shall have the right but, except as stated in the succeeding sentence, not the obligation to remove any of said alterations, interior decorations, improvements or additions caused to be made to the Leased Premises by Tenant, during and at the expiration of the Lease term or any renewal thereof, providing that Tenant repairs any damage caused to the Leased Premises by said removal. Landlord, by notice to Tenant in writing not more than thirty (30) days after the expiration of the Lease term, or any renewal term thereof, may request that Tenant remove any of said alterations, interior decorations, improvements or additions caused to be made to the Leased Premises by Tenant or any of the fixtures, furniture and equipment caused to be installed by Tenant and, if Landlord makes said request, Tenant shall, within thirty (30) days thereafter, remove such of said alterations, interior decorations, improvements, additions, fixtures, furniture and equipment as are stated in such request and repair any damage caused to the Leased Premises by said removal. In the event that Landlord requests such removal and Tenant fails to remove same and repair any damage caused thereby on or before said expiration date, Tenant agrees to reimburse and pay Landlord for the cost of removing same and repairing any damage to the Leased Premises caused by said removal. Notwithstanding anything contained in this Lease to the contrary, in no event shall Tenant be required to remove any improvements or alterations constructed as part of the initial build out of the Leased Premises, or which are installed by Landlord, or which are installed by Tenant but which have been approved by Landlord, with no condition at the time of approval at they ultimately be removed. All of said alterations, interior decorations, improvements, additions, fixtures, furniture and equipment remaining on the Leased Premises after said expiration date, or at such sooner termination date due to any default of Tenant, shall become the property of Landlord unless removed by Tenant in accordance with the foregoing provisions. 8.2 In doing any such work Tenant shall use due care to cause as little damage or injury as possible to the Leased Premises and the Building and to repair all damage or injury that may occur to the Leased Premises or the Building in connection with such work. Tenant agrees in doing any such work in or about the Leased Premises to use Tenant’s best efforts to engage only such labor as will not conflict with or cause strikes or other labor disturbances. Any contractors employed by Tenant shall be approved by Landlord and Landlord shall not unreasonably withhold its approval and consent, Tenant may make no alterations provided, however, that all such contractors shall be required to carry worker’s compensation insurance, public liability insurance and property damage insurance in amounts, form and content, and with companies reasonably satisfactory to Landlord. Prior to the Office. With Landlord’s written consentcommencement by Tenant of any work as set forth in this Article, TenantTenant shall obtain, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all necessary permits, approvals, certificates authorizations and licenses required by any and all municipal the various governmental authorities or other agencies having jurisdiction of over the Premises Leased Premises. 8.3 This Article VIII shall exclude the initial buildout work set forth in Article III and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenserelated Exhibits.

Appears in 1 contract

Sources: Lease (Precision Therapeutics Inc)

Alterations. Absent (a) Tenant may, without Landlord’s written 's consent, make, in any fiscal year, alterations, additions or improvements to any Site (including rental units, improvements, alterations and additions in the ordinary course of business) costing less than $1,000,000.00 (provided, however, alterations performed to repair the existing damage at the Oakzanita Site, are not subject to paragraph 23(a), (b) or (c)) only if (i) such alterations, additions or improvements will be in compliance with all applicable laws, codes, rules, regulations and ordinances, (ii) such alterations, additions or improvements will not reduce the fair market value or utility of such Site in its Permitted Use, considered as unencumbered by this Lease, and (iii) such alterations, additions or improvements will not materially and adversely affect in any way the structural, exterior or roof elements of such Site or mechanical, electrical, plumbing, waste water systems and facilities, water plants and facilities and septic facilities, utility or life safety systems of such Site. In all other cases, Landlord's prior written consent shall be required, which consent shall not be unreasonably withheld, conditioned or delayed. At Landlord's option, any improvement requiring Landlord's consent but made without Landlord's consent shall be removed and the area repaired at Tenant's expense at the termination of the Term. (b) In no event shall Tenant be permitted to install underground storage tanks or fuel systems on the Premises, or any portion thereof, except that Tenant may make no alterations to the Office. With replace existing underground storage tanks with above-ground storage tanks which comply with all applicable Legal Requirements. (c) All alterations, additions or improvements requiring Landlord’s written consent, Tenant, 's consent shall be made at Tenant’s 's sole cost and expenseexpense as follows: (i) Tenant shall submit to Landlord, may make alterationsfor Landlord's written approval, installations complete plans and improvements (the “Alterations”) specifications for all work to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are be done by contractors or for Tenant. Such plans and sub-contractors specifications shall be prepared by a licensed architect(s) and engineer(s) approved in writing by Landlord, shall comply with all applicable codes, ordinances, rules and regulations, shall not adversely affect the structural elements of any Site, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over such Site, and shall be otherwise satisfactory to Landlord in every instance. Before making Alterations, Landlord's reasonable discretion. (ii) Landlord shall notify Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien writing within thirty (30) calendar days of said filing whether Landlord approves, approves on the condition that Tenant reverse the alteration at Tenant’s sole cost and expense. Any installation 's expense at the termination or expiration of materialsthis Lease, fixtures and the like shall become the property of Landlord upon or disapproves such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseplans and

Appears in 1 contract

Sources: Lease Agreement (Manufactured Home Communities Inc)

Alterations. Absent (a) Tenant shall not, without Landlord’s 's prior written consent, Tenant may make no any alterations, improvements, additions, or Utility Installations (as hereinafter defined) in, on, or about the Premises, except for cosmetic changes, decorating changes, or non-structural alterations not exceeding $[***] in any one year per Building, or $[***] in cumulative cost per Building during the Term. The foregoing shall not be construed to limit or restrict Tenant's right to relocate, reinstall, and operate its machinery or equipment, or to comply with its obligations under this [***] Confidential portions of this document have been redacted and filed separately with the Commission. Lease, provided that such activities can be performed without causing structural alteration or structural damage to the OfficePremises. With Landlord’s written consentAs used in this paragraph 6.2, the term "Utility Installation" means air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, and plumbing. Landlord may require that Tenant remove any or all of said alterations, improvements, additions, or Utility Installations at the expiration of this Lease and restore the Premises to its prior condition. Should Tenant make any alterations, improvements, additions, or Utility Installations without the prior consent of Landlord when such consent is required hereunder, Landlord may require that Tenant remove any or all of the same. (b) Tenant, at Tenant’s sole cost and expense, may 's ability to make alterations, installations and improvements (the “Alterations”) , additions, or Utility Installations to the Office provided they are non-structural Premises is conditioned on (1) Tenant's acquiring from appropriate governmental agencies any permits which may be necessary to make such alterations, improvements, additions, or Utility Installations, (2) Tenant's furnishing of a copy of such permits to Landlord before beginning the work, and (3) Tenant's compliance with all conditions of such permits in natureaccordance with the terms thereof and applicable law. (c) All alterations, improvements, additions, and Utility Installations (whether or not such Utility Installations constitute trade fixtures of Tenant) which do not effect the Services, utilities or other operations or services of may be made on the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall will become the property of Landlord upon such installation and shall remain on and be surrendered with the Premises at the expiration or termination of this Lease in accordance with the Office upon ▇▇▇▇▇▇’s surrender provisions of sameparagraph 6.1(c). HoweverTenants machinery and equipment, Landlord may relinquish such right of ownership other than that which is affixed to the installations by giving Tenant thirty (30) days written notice prior Premises so that it cannot be removed without causing material structural damage to the Termination Date of such relinquishment of ownershipPremises, in which event, they shall become will remain Tenant’s 's property and must may be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensesubject to the provisions of paragraph 6.1(c), provided that Tenant is not then in default under any provision of this Lease.

Appears in 1 contract

Sources: Commercial Net Lease (Bridgepoint Education Inc)

Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the OfficePremises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. With If Landlord consents to Tenant's contractors doing the work, Landlord may require, at Landlord’s written consent's sole option, Tenantthat Tenant provide, at Tenant’s sole cost and 's expense, may make alterations, installations a lien and improvements completion bond in an amount equal to one and one half (the “Alterations”1-1/2) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by times any and all municipal authorities estimated costs of improvements, additions or other agencies having jurisdiction 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 Premises work. 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 Alterations basic character of the building or improvements and upon receiving samewithout 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 deliver duplicate or certified copies to Landlord be and remain the property of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured during the term of this Lease and Tenant shall deliver evidence 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 such insurance to termination of this Lease or upon earlier vacating of the Premises; provided, however, that if Landlord so elects prior to Tenant’s commencing termination of this Lease or upon earlier vacating of the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Officesuch alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost additions, improvements, and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this Lease or upon such installation earlier vacating of the Premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis Lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this Lease or upon earlier vacating of the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily movedPremises if required by Landlord. Upon the Termination Date and surrender of possession of the Officeany such removal, Tenant shall remove all personal property restore the Premises to their original condition. All such removals and installations restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the building and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePremises.

Appears in 1 contract

Sources: Lease Agreement (Industrial Data Systems Corp)

Alterations. Absent Landlord’s written consent, Tenant may make no shall not permit structural alterations or additions in or to the Office. With Landlord’s written consentLeased Premises unless and until the plans and specifications, Tenantincluding architectural drawings, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors have been approved by Landlord in every instancewriting, which approval shall not be unreasonably withheld, delayed or conditioned. Before making Alterations, Tenant shall obtain have the right, without Landlord’s consent and in compliance with all permitsother provisions of this Section, approvalsto make any non-structural alterations to the Leased Premises which do not materially impact the Building’s mechanical or electrical systems and which do not adversely affect the Building’s appearance or value, certificates required provided that Tenant gives Landlord fifteen (15) business days’ prior written notice of any such alterations, along with copies of plans and specifications relating thereto. At the time of Landlord’s approval of any alterations (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord’s approval, within five (5) business days after Landlord receives Tenant’s architectural drawings for the same), Landlord shall provide Tenant with notice if Landlord will require Tenant to remove the alterations and restore the Leased Premises (with respect to such alterations) upon the expiration or earlier termination of this Lease; otherwise, all such alterations or improvements, [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. except movable office furniture and equipment and trade fixtures, shall at the expiration or earlier termination of the Lease become a part of the realty and the property of Landlord and shall not be removed by Tenant. If Landlord consents to Tenant’s performance of alterations or additions to the Leased Premises, then Tenant shall ensure that all such alterations and improvements which are made or necessitated thereby shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building. Landlord’s approval of the plans and specifications and architectural drawings for Tenant’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with existing warranties or any and all municipal authorities laws, rules and regulations of governmental agencies or other agencies having jurisdiction authorities. To the extent that Tenant’s alterations or improvements void or reduce any warranties assigned hereunder, the liability shall thereafter be the responsibility of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every oneTenant. Tenant shall carry indemnify and cause save harmless Landlord from all costs, loss or expense in connection with any construction or installation by Tenant. No person shall be entitled to any lien directly or indirectly derived through or under Tenant or through or by virtue of any act or omission of Tenant upon the Leased Premises for any improvements or fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Leased Premises or for or on account of any matter or thing whatsoever; and nothing in this Lease contained shall be carried construed to constitute a consent by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence to the creation of such insurance to Landlord prior to Tenant’s commencing the Alterationsany lien. Should a mechanic’s If any lien be is filed against the Office and/or Premises, Leased Premises for work done or claimed to have been done for, or materials supplied for Tenant or material claimed to the Officehave been furnished to, Tenant, Tenant shall pay or cause such lien to be paid or file a bond in the amount stated in the mechanic’s lien discharged of record within thirty (30) days of said filing at after Tenant’s sole cost knowledge of the same, by bonding or in any other lawful manner. Tenant shall indemnify and expensesave harmless Landlord from all costs, losses, expenses, and attorneys’ fees in connection with any such lien. Any installation of materialsProvided that Duke Realty Limited Partnership is then Landlord (or affiliated with Landlord) under this Lease, fixtures and the like shall become the property Tenant agrees that at Landlord’s option, Duke Construction Limited Partnership or a subsidiary or affiliate of Landlord upon such installation and (collectively, “DCLP”), who shall remain in the Office upon ▇▇▇▇▇▇receive a ten percent (10%) fee as Landlord’s surrender of same. Howeverconstruction manager or general contractor, Landlord may relinquish such right of ownership shall perform all work on any structural alterations made to the installations by giving Tenant thirty Leased Premises on or before the fifth (305th) days written notice prior to the Termination Date anniversary of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and DCLP shall solicit competitive bids from at least three (3) subcontractors for each major trade. Landlord will competitively bid all property of Tenant remaining subcontractors as in the Office after the Termination Date shall be deemed abandoned by Tenant Section 2.02A(ii) above, and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseand Tenant shall review the bids jointly and Landlord shall select the subcontractors mutually agreed upon by both parties.

Appears in 1 contract

Sources: Lease Agreement (Restoration Hardware Inc)

Alterations. Absent Tenant shall not 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’s written consent, Tenant may make no alterations to may, without the Office. With consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner, erect such shelves, bins, machinery and trade fixtures as it may make alterationsdeem advisable, installations and improvements (without altering the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities basic character or other operations or services structure of the Premises or improvements and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities without overloading or other agencies having jurisdiction of damaging the Premises or improvements, and the Alterations in each case complying with all applicable governmental laws, ordinances, regulations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every oneother requirements. Tenant shall carry and not make any alterations, additions or improvements to the Premises which will contravene 11 Landlord's policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general public liability, or which will prevent Landlord from securing such policies in companies acceptable to Landlord. If any such alterations, additions or improvements cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance increased beyond the minimum rate from time to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or time applicable to the OfficePremises for permitted uses thereof, Tenant shall pay or cause to be paid or file a bond in as additional rent the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expenseany such increase promptly upon demand by Landlord. Any installation of materialsand all alterations, additions, improvements, partitions and fixtures and the like erected by Tenant shall become be the property of Landlord upon such installation and shall remain in at the Office Premises upon ▇▇▇▇▇▇’s surrender termination of samethe Lease or upon earlier vacating of the Premises. HoweverAll shelves, Landlord bins, machinery and trade fixtures installed by Tenant may relinquish such right of ownership to the installations be removed by giving Tenant thirty (30) days written notice prior to the Termination Date termination of this Lease provided such relinquishment of ownership, in which event, they shall become Tenant’s and must removal may be removed upon accomplished without damage to the Termination Date. Nothing herein is meant Premises or to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession primary structure or structural qualities of the Office, buildings and other improvements situated on the Premises. Tenant shall remove all personal property and installations repair any damage to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and the Premises, or the Building as a result of any alteration, or repair by Tenant, its employees, agents, invitees, or contractors to the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePremises.

Appears in 1 contract

Sources: Lease Agreement (Tekelec)

Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld if the proposed alteration, addition or improvement is non-structural, is not visible from the exterior of the building and does not affect any building system. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may make 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, installations additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, if Landlord so elects as hereinafter provided, remove all alterations, additions, improvements (and partitions erected by Tenant and restore the “Alterations”) premises to their original condition, reasonable wear and tear excepted, by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this lease or other operations or services upon earlier vacating of the Premises premises; otherwise such alterations, additions, improvements and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the premises and shall remain be delivered up to the Landlord with the premises. All shelves, bins machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition, reasonable wear and tear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the Office primary structure or structural qualities of the buildings and other improvements situated on the premises. If requested to do so by Tenant in writing at the time Tenant requests Landlord's consent to a proposed alteration, addition or improvement, Landlord will indicate in its consent to the proposed alteration, addition or improvement (assuming that Landlord otherwise consents thereto) whether Landlord will require the removal of such alteration, addition or improvement upon ▇▇▇▇▇▇’s surrender the termination of samethis Lease. HoweverOtherwise, Landlord may relinquish such right of ownership elect to require Tenant to remove any alteration, addition or improvement made by Tenant to the installations premises, or all or any part of Landlord's Work or Tenant's Work (as provided in Paragraph 31) by giving Tenant thirty (30) days written notice to Tenant at any time prior to termination of this lease specifying the Termination Date of such relinquishment of ownershipalterations, in which event, they shall become Tenant’s and must additions and/or improvements to be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseremoved.

Appears in 1 contract

Sources: Lease Agreement (Compucom Systems Inc)

Alterations. Absent Landlord’s written consent, Tenant may will not make no any alterations of or additions to the OfficeLeased Premises which cost more than $5,000 per occasion or affect the structure or exterior of the BLN Office Parkwithout the prior written approval of Landlord. With All work to be performed in the Leased Premises shall be performed by competent contractors and subcontractors, approved by Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do approval shall not effect be unreasonably withheld by Landlord, except that Landlord may in any event condition its approval of such contractors and subcontractors on the ServicesTenant's furnishing separate performance and payment surety bonds, utilities or other operations financial guaranties or services of deposits satisfactory to Landlord, covering any work to be performed by such contractors or subcontractors on the Premises Leased Premises, and which are Landlord may, in any event, require that contractors and subcontractors normally employed by Landlord be engaged for any mechanical or electrical work and that any alterations be done by contractors or subcontractors compatible with those workmen, contractors and sub-contractors approved subcontractors employed from time to time in the BLN Office Park by Landlord Landlord. All alteration work performed by or for Tenant hereunder must be performed in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction such manner to avoid disruption of the BLN Office Park operations or disturbance of other tenants in the BLN Office Park. Unless Landlord requires the Tenant to restore the Leased Premises as set forth in this Lease, all alterations, additions or improvements which may be made by either of the parties hereto upon the Leased Premises, except office furnishings purchased by Tenant which may be removed without damage or destruction to the Leased Premises, shall be the property of Landlord and shall remain upon and be surrendered with the Alterations and upon receiving same, Tenant shall deliver duplicate Leased Premises as a part thereof at the termination of this Lease or certified copies to Landlord of each and every oneany extension thereof. Tenant shall carry and cause will not permit any mechanics, laborers or materialmen's liens to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed stand against the Office and/or Leased Premises, the Building or BLN Office Park for any labor or materials furnished to or in connection with any work done performed or claimed to have been done performed in, on or materials supplied for about the Leased Premises and will immediately remove all such liens. Tenant further agrees that, in the event Tenant fails to remove any such lien or to the Office, Tenant shall pay or cause to be paid or file post a bond in the amount stated in the mechanic’s lien therefore within thirty (30) days after receiving notice of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. Howeverlien, Landlord may relinquish remove such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished lien and Tenant shall immediately restore reimburse Landlord upon demand for all costs and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining expenses, including attorneys' fees, incurred by Landlord in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain removing such abandoned property mechanic's or may remove such abandoned property at Tenant’s expensematerialmen's lien.

Appears in 1 contract

Sources: Lease (Adaytum Software Inc)

Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in good workmanlike manner erect such shelves, bins, machinery, and trade fixtures as it may make 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, installations 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 paid for by Tenant and restore the “Alterations”) premises to their original condition by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this lease or other operations or services upon earlier vacating of the Premises and which are done by contractors and sub-contractors approved by premises; provided, however, that if Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord so elects prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premisestermination of this lease or upon earlier vacating of premises, for work done or claimed to have been done or materials supplied for Tenant or to the Officesuch alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost additions, improvements, and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Office, premises if required by Landlord; upon any such removal Tenant shall remove all personal property restore the premises to their original condition. All such removals and installations restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensepremises.

Appears in 1 contract

Sources: Lease Agreement (Luminex Corp)

Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the OfficePremises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld. With If Landlord consents to Tenant's contractors doing the work, Landlord may require, at Landlord’s written consent's sole option, Tenantthat Tenant provide, at Tenant’s sole cost and 's expense, may make alterationsa lien and completion bond in an amount equal to one, installations and improvements one half (the “Alterations”1-1/2) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by times any and all municipal authorities estimated costs of improvements, additions or other agencies having jurisdiction alterations in the 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 Premises work. Tenant may, without the consent of 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 Alterations basic character of the building or improvements and upon receiving samewithout 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 deliver duplicate or certified copies to Landlord be and remain the property of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured during the term of this Lease and Tenant shall deliver evidence 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 such insurance to termination of this Lease or upon earlier vacating of the Premises; provided, however, that if Landlord so elects prior to Tenant’s commencing termination of this Lease or upon earlier vacating of the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Officesuch alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty additions, improvements, and partitions (30other than shelves, bins, equipment, machinery, and trade fixtures) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord as of the date of termination of this Lease or upon such installation earlier vacating of the Premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the Premises. All shelves, bins, equipment, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis Lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this Lease or upon earlier vacating of the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily movedPremises if required by Landlord. Upon the Termination Date and surrender of possession of the Officeany such removal, Tenant shall remove all personal property restore the Premises to their original condition which existed at the time of Tenants occupancy, reasonable wear and installations tear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the building and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement DatePremises. Any and all property of Tenant remaining in the Office after the Termination Date shall It is understood that building sprinkler systems are not required by law or ordinance at this time; however, if such a system is required by ordinance or building code, it will be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property installed at Tenant’s Landlord's expense.

Appears in 1 contract

Sources: Lease Agreement (Industrial Data Systems Corp)

Alterations. Absent Tenant shall not make any alterations, additions or improvements to the Premises, unless the same have been approved by Landlord, in writing. Landlord agrees not to unreasonably withhold, qualify or delay its approval of any alterations, additions or improvements that Tenant proposes to make to the Premises, except Landlord may withhold its approval, in its sole and absolute discretion, of alterations, additions or improvements that affect the exterior, plumbing system, electrical system, roof, foundation or the structural components of the Premises or the Project. All alterations, additions and improvements to the Premises must be made by Tenant in a good and workmanlike manner, using new materials, and must comply with Applicable Laws. Prior to making any alterations, additions or improvements to the Premises, Tenant shall (i) obtain Landlord’s written consent, Tenant may make no alterations to approval of the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost plans and expense, may make specifications for such alterations, installations additions or improvements, and (ii) furnish Landlord with reliable evidence that Tenant has sufficient funds to complete such alterations, additions or improvements. Any such permitted alterations, additions or improvements (must be constructed or installed by the “Alterations”) to the Office provided they are non-structural in naturecontractor designated by Landlord, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence pay Landlord an oversight fee in an amount equal to five percent (5%) of the cost of such insurance work. All alterations, additions and improvements to Landlord prior to the Premises must be made by Tenant in a good and workmanlike manner, using new materials, and must comply with Applicable Laws. Any work performed by the Tenant shall not interfere with the other tenants in the Building. Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premisesalterations, for work done or claimed to have been done or materials supplied for Tenant or additions and improvements to the Office, Tenant Premises shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost remain and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain the expiration or earlier termination of this Lease, unless Landlord requires that Tenant remove the same as provided in Article 15. In the Office upon ▇▇▇▇▇▇’s surrender of same. Howeverevent that Landlord consents, Landlord may relinquish such right of ownership in writing, to Tenant installing any facilities on or making any alterations to the installations by giving roof of the Building, Tenant thirty shall: (30i) days written notice prior to not void, violate or limit any roof warranty; (ii) follow the Termination Date roof manufacturer’s recommendations and requirements; and (iii) ensure the installation or alteration does not damage or exceed the load bearing capacity of such relinquishment the roof. If any warranty covering the roof is voided or limited as a result of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixturesacts, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Officeinstallations or alterations, Tenant shall remove reimburse Landlord for the cost of all personal property repairs and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has damages that would have been relinquished and covered by such warranty had the same not been so voided or limited. Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property require any contractor of Tenant remaining in the Office after the Termination Date shall be deemed abandoned employed pursuant to this section to maintain all insurance reasonably required by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseLandlord.

Appears in 1 contract

Sources: Lease Agreement (Franklin Financial Network Inc.)

Alterations. Absent Tenant shall make no changes in or to the demised premises of any nature without Landlord’s prior written consent, Tenant may make no alterations consent subject to the Officeprior written consent of Landlord, and to the provisions of this Article. With Landlord’s written consent, Tenant, Tenant at Tenant’s sole cost and expense, may make alterations, installations and installations, additions or improvements (the “Alterations”) to the Office provided they which are non-structural in nature, and which do not effect affect utility services or plumbing and electrical lines in or to the Services, utilities or other operations or services interior of the Premises demised premises by using contractors or mechanics first approved by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant’s behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord’s right thereto and to have them removed by Tenant, in which are done event, 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 Tenant’s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the premises after Tenant’s removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord’s property or may be removed from the premises by Landlord at Tenant’s expense. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by 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 approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s such ▇▇▇▇▇▇▇’▇ compensation, general liability, personal and property damage insurance, in such amounts insurance as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterationsmay require. Should a If any mechanic’s lien be is filed against the Office and/or Premisesdemised premises, or the building of which the same forms a part, for work done or claimed to have been done for, or materials supplied for Tenant furnished to, Tenant, whether or not done pursuant to this Article, the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date same shall be deemed abandoned discharged by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property within ten days thereafter, at Tenant’s expense, by filing the bond required by law.

Appears in 1 contract

Sources: Office Lease Agreement (Harris Interactive Inc)

Alterations. Absent Tenant shall not make any major alterations, additions, or improvements to the Premises without the prior written consent of Landlord’s written consent, which consent shall not be unreasonably withheld or delayed. 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 the other occupants of the Building or any other of Landlord's tenants, and in each case complying with all applicable governmental laws, ordinances, regulations, and other requirements. At the termination of this lease, Tenant may make no alterations to the Office. With Landlord’s written consentshall, Tenantif Landlord so elects, and at Tenant’s 's sole cost and expense, may make remove all alterations, installations additions, improvements, and partitions erected by Tenant and restore the Premises to their original condition; otherwise, such improvements (shall be delivered to Landlord with the “Alterations”) Premises. 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 Office provided they are non-primary structure or structural in nature, which do not effect the Services, utilities or other operations or services qualities of the Premises Building and which are done by contractors and sub-contractors approved by Landlord other improvements situated on the Premises. Any fixtures installed in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises by Tenant other than shelves, bins, machinery, and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, similar trade fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensewhen installed.

Appears in 1 contract

Sources: Lease Agreement (Si Diamond Technology Inc)

Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the OfficePremises (including, but not limited to, roof and wall penetrations), without the prior written consent of Landlord. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may make deem advisable, without altering the basic character of the Building and without overloading or damaging such Building, and, in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. Prior to commencing any such alterations, installations additions or improvements Tenant shall provide such assurance to Landlord, including, but not limited to, waivers of liens, as Landlord shall require to assure payment of the costs thereof and improvements (the “Alterations”) to the Office provided they are non-structural in natureprotect Landlord against any loss from mechanics', which do not effect the Serviceslaborers', utilities materialmen's or other operations liens. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease Agreement 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 Agreement, or services upon earlier vacating of the Premises and which are done by contractors and sub-contractors approved by Premises; provided, however, that if Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities so elects prior to termination of this Lease Agreement or other agencies having jurisdiction upon earlier vacating of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Officesuch alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty additions, improvements and partitions (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, other than trade fixtures and the like personal property of Tenant), shall become the property of Landlord as of the date of termination of this Lease Agreement or upon such installation earlier vacating of the Premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered to the installations by giving Tenant thirty (30) days written notice prior to Landlord with the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination DatePremises. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all All personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and trade fixtures installed by Tenant shall immediately be removed by Tenant by the date of termination of this Lease Agreement or upon earlier vacating of the Premises is required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date restoration shall be deemed abandoned by Tenant accomplished in a good workmanlike manner and Landlord may either retain such abandoned property shall not damage the primary structure or may remove such abandoned property at Tenant’s expensestructural qualities of the Building.

Appears in 1 contract

Sources: Lease Agreement (Lakes Gaming Inc)

Alterations. Absent Except for the initial improvements to be undertaken by Tenant as provided in Section 25 hereof (which are hereby approved by Landlord’s written consent), Tenant may shall not make no alterations any material alterations, additions, or improvements to the OfficePremises without the prior written consent of Landlord. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s '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 the other occupants of the Building or any other of Landlord's 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 sole cost and expense, may make remove all alterations, installations additions, improvements, and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of partitions erected by Tenant and restore the Premises and which are done by contractors and sub-contractors approved by to their original condition; otherwise, such improvements shall be delivered to Landlord in every instancewith the Premises. Before making AlterationsNotwithstanding the above, Tenant shall obtain all permitsnot be required to remove or restore the following: (i) exterior entrance ramp and overhead door need not be removed, approvals(ii) doors on the north wall need not be reopened, certificates and (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 any Landlord. All such removals and all municipal authorities restorations shall be accomplished in a good, workmanlike manner so as not to damage the primary structure or other agencies having jurisdiction structural qualities of the Premises Building and other improvements situated on the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every onePremises. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond Any fixtures installed in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost Premises by Tenant other than shelves, bins, machinery, and expense. Any installation of materials, similar trade fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensewhen installed.

Appears in 1 contract

Sources: Lease Agreement (Omniquip International Inc)

Alterations. Absent After prior written consent of Landlord, Tenant, at its sole cost and expense, may make alterations, additions and improvements in the Premises; provided, that Tenant will not be required to obtain Landlord’s written consentconsent for any alterations, additions or improvements that cost less than $100,000 in the aggregate for any project. In the performance of such work, Tenant will hold Landlord harmless from any damage, loss or expense, and will comply in all material respects with all laws, ordinance, rules and regulations of any public authority, obtaining all necessary permits, approvals or authorizations. Tenant will not allow any liens to be filed against the Premises; in the event of filing of a lien claim Tenant will promptly take such action as may make no alterations be required to remove the lien, including, without limitation, obtaining a bond, if required. All such alterations, additions and improvements to the OfficePremises (except trade fixtures) will be the property of Landlord, and will be surrendered with the Premises upon the expiration, cancellation, or prior termination of this Lease. With Landlord’s written consentUpon demand by Landlord given at least thirty (30) days prior to the end of the Term, Tenant will remove any alterations, additions or improvements made by Tenant, designated by Landlord to be removed, at Tenant’s sole cost and expense, may make unless such alterations, installations and additions or improvements (the “Alterations”) had previously been consented to by Landlord. In such event, Tenant will repair any damage to the Office provided they are non-structural in naturePremises caused by such removal, which do not effect the Services, utilities or other operations or services of and return the Premises and which are done by contractors and sub-contractors approved by Landlord in every instanceto their condition prior to making of any such alterations, improvements or additions. Before making AlterationsAt the expiration, cancellation, or prior termination of this Lease, Tenant shall obtain will have the right to remove all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of trade fixtures located on the Premises and which were installed by the Alterations and upon receiving same, Tenant shall deliver duplicate prior to or certified copies to Landlord of each and every oneafter the Effective Date. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insuranceHowever, in such amounts as Landlord requiresevent, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or will repair all damage caused to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon Premises by such installation and shall remain in removal, returning the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership Premises to the installations by giving Tenant thirty (30) days written notice their condition prior to the Termination Date installation of such relinquishment trade fixtures. Trade fixtures will not be deemed to include any heating, air conditioning, ventilation, plumbing or electrical equipment, or other fixtures relating primarily to general usage of ownershipthe building or Premises, in which event, they shall become as opposed to fixtures specifically used for the operation of the Tenant’s and must be removed upon the Termination Date. Nothing herein is meant particular type of business or that were installed by Tenant prior to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office or after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseEffective Date.

Appears in 1 contract

Sources: Stock Purchase Agreement (Covenant Transportation Group Inc)

Alterations. Absent (a) Tenant may, without Landlord’s written 's consent, make, in any fiscal year, alterations, additions or improvements to any Site (including rental units, improvements, alterations and additions in the ordinary course of business) costing less than $20,000.00 (provided, however, alterations performed to repair the existing damage at the Oakzanita Site are not subject to paragraph 23(a), (b) or (c)) only if (i) such alterations, additions or improvements will be in compliance with all applicable laws, codes, rules, regulations and ordinances, (ii) such alterations, additions or improvements will not reduce the fair market value or utility of such Site for its Permitted Use, considered as unencumbered by this Lease, and (iii) such alterations, additions or improvements will not materially and adversely affect in any way the structural, exterior or roof elements of such Site or mechanical, electrical, plumbing, waste water systems and facilities, water plants and facilities and septic facilities, utility or life safety systems of such Site. In all other cases, Landlord's prior written consent shall be required, which consent shall not be unreasonably withheld, conditioned or delayed. At Landlord's option, any improvement requiring Landlord's consent but made without Landlord's consent shall be removed and the area repaired at Tenant's expense at the termination of the Term. (b) In no event shall Tenant be permitted to install underground storage tanks or fuel systems on the Premises, or any portion thereof, except that Tenant may make no alterations to the Office. With replace existing underground storage tanks with above-ground storage tanks which comply with all applicable Legal Requirements. (c) All alterations, additions or improvements requiring Landlord’s written consent, Tenant, 's consent shall be made at Tenant’s 's sole cost and expenseexpense as follows: (i) Tenant shall submit to Landlord, may make alterationsfor Landlord's written approval, installations complete plans and improvements (the “Alterations”) specifications for all work to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are be done by contractors or for Tenant. Such plans and sub-contractors specifications shall be prepared by a licensed architect(s) and engineer(s) approved in writing by Landlord, shall comply with all applicable codes, ordinances, rules and regulations, shall not adversely affect the structural elements of any Site, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over such Site, and shall be otherwise satisfactory to Landlord in every instance. Before making Alterations, Landlord's reasonable discretion. (ii) Landlord shall notify Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien writing within thirty (30) calendar days of said filing whether Landlord approves, approves on the condition that Tenant reverse the alteration at Tenant’s sole cost 's expense at the termination or expiration of this Lease, or disapproves such plans and expensespecifications. Any installation Tenant may submit to Landlord revised plans and specifications for Landlord's prior written approval, which approval shall not be withheld or delayed if (a) the work to be done would not, in Landlord's reasonable judgment, adversely affect the value, character, rentability or usefulness of materialsany Site or any part thereof, fixtures or (b) the work to be done shall be required by any Legal Requirement. Tenant shall pay all costs, including the fees and expenses of the like licensed architect(s) and engineer(s), in preparing such plans and specifications. (iii) All changes (other than field changes for which no change order is proposed and which will be reflected in the final "as built" plans) in the plans and specifications approved by Landlord shall be subject to Landlord's prior written approval. If Tenant wishes to make any such change in the approved plans and specifications, Tenant shall have such architect(s) and engineer(s) prepare plans and specifications for such change and submit them to Landlord for Landlord's written approval. Landlord shall notify Tenant in writing whether Landlord approves, approves on the condition that Tenant reverse the alteration at Tenant's expense at the termination or expiration of this Lease, or disapproves such change. Tenant may submit to Landlord revised plans and specifications for any such change for Landlord's written approval. After Landlord's written approval of such change, such change shall become part of the plans and specifications approved by Landlord. (iv) Tenant shall obtain and comply with all building permits and other government permits and approvals required in connection with the work. Tenant shall, through Tenant's licensed contractor, perform the work substantially in accordance with the plans and specifications approved in writing by Landlord. Tenant shall pay, as Additional Rent, the entire cost of all work (including the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the alterations, additions or improvements. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expenses incurred by Tenant on account of any plans and specifications, contractors or subcontractors, design of any work, construction of any work, or delay in completion of any work. (v) Tenant shall give at least ten (10) calendar days' prior written notice to Landlord of the date on which construction of any work to be done by outside contractors which requires Landlord's consent will commence. Landlord shall have the right to post and keep posted on any Site any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord and such Site, or any portion thereof, from Liens, and to take any other action Landlord deems necessary to remove or discharge Liens, at the expense of Tenant. (vi) All alterations, additions, improvements and fixtures, whether temporary or permanent in character, made in or to any Site by Tenant, shall become part of such Site and Landlord's property, except those which are readily removable without causing material damage to such Site (which shall be and remain the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender Tenant). Upon termination or expiration of same. Howeverthis Lease, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershipshall, in which eventat Tenant's expense, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s remove all movable furniture, equipment, trade fixtures, office furniture machines and equipment other personal property (including Tenant's Trade Fixtures) from each Site (but not the Improvements, Personal Property or Equipment) and repair all damage caused by such removal. Termination of this Lease shall not affect the obligations of Tenant pursuant to this paragraph 23(c) to be performed after such termination. (vii) Promptly following the completion of any alteration, addition or improvement to the Premises which can be easily moved. Upon the Termination Date and surrender of possession of the Officecosts more than $1,000,000.00 to complete, Tenant shall remove all personal property furnish Landlord with a copy in electronic form acceptable to Landlord of the complete plans and installations specifications for such work (including, if available, so-called "as-built" plans and specifications). (d) In connection with the renovations and alterations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and the existing damage at the Oakzanita Site, Tenant shall immediately restore deliver to Landlord complete plans and repair the Office specifications (and any change orders) for all work to that condition existing on the Commencement Datebe done by or for Tenant. Any Such plans and all property of Tenant remaining in the Office after the Termination Date specifications shall be deemed abandoned prepared by licensed architect(s) and engineer(s), shall comply with all applicable codes, ordinances, rules and regulations, shall not adversely affect the structural elements of the Oakzanita Site, and shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the Oakzanita Site. Tenant shall obtain and comply with all building permits and other government permits and approvals required in connection with the work. All alterations, additions, improvements and fixtures, whether temporary or permanent in character, made in or to the Oakzanita Site by Tenant, shall become part of the Oakzanita Site and Landlord's property. Promptly following the completion of any alteration, addition or improvement to the Oakzanita Site, Tenant shall furnish Landlord may either retain with a copy in electronic form of the complete plans and specifications for such abandoned property or may remove such abandoned property at Tenant’s expensework (including, if available, so-called "as-built" plans and specifications).

Appears in 1 contract

Sources: Lease Agreement (Equity Lifestyle Properties Inc)

Alterations. Absent Landlord’s written consent, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every oneSection 1. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay not make or cause to be paid made any alterations, additions or file a bond in improvement to the amount stated in leased premises without the mechanic’s lien within thirty (30) days prior written approval of said filing Landlord. Tenant shall present to Landlord plans and specifications for such work at Tenant’s sole cost the time approval is sought. Section 2. All alterations, decorations, additions and expense. Any installation of materials, fixtures improvements made by Tenant shall be deemed to have attached to the leasehold and the like shall to have become the property of Landlord upon such installation and shall remain in the Office attachment; upon ▇▇▇▇▇▇’s surrender expiration of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord this Lease or any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Officerenewal term thereof, Tenant shall not remove any of such alterations, decorations, additions and improvements, except that trade fixtures installed by Tenant may be removed, if all personal property rents and installations other charges due herein are paid in full and Tenant is not otherwise in default hereunder; provided, however, that Landlord may designate by written notice to Tenant those alterations and additions which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished shall be removed by Tenant at the expiration or termination of the Lease and Tenant shall immediately promptly remove the same and repair any damages to the leased premises caused by such removal or shall reimburse Landlord for the cost of repairing such damage. Section 3. Landlord acknowledges that Tenant intends to construct a clean room in the high bay area of the leased premises and related items approved by Landlord. In the event Tenant elects to proceed with the construction of the clean room on the leased premises, Tenant, at its sole cost and expense, shall design, construct, repair and restore the clean room in accordance with plans and specifications (as they may be amended by approved change orders, the "Tenant Plans") to be submitted to Landlord for its approval. The Tenant Plans shall set forth in detail the requirements for the construction of the clean room (the "Tenant Improvements") and shall include, but not be limited to, all necessary civil, architectural, structural, mechanical, electrical, design and documentation required for the Tenant Improvements and shall conform to all applicable laws, ordinances, building codes, and requirements of public authorities and insurance underwriters and shall be signed and sealed by a professional engineer and/or an architect, each licensed and registered in the state in which the leased premises are located and each maintaining errors and omissions insurance coverage in the amount of at least $500,000. Tenant agrees to design and construct the Tenant Improvements in accordance with the Tenant Plans in a good and workmanlike manner, and in conformity with the construction guidelines provided by Landlord. In addition, a list of all contractors shall be submitted to Landlord for Landlord's approval, which approval shall not be unreasonably withheld. The Tenant's Plans are expressly subject to Landlord's approval, such approval not to be unreasonably withheld or delayed. Landlord shall review the Tenant's Plans and give Tenant a response regarding its approval of the same within fifteen (15) days after receipt thereof. If Landlord shall be dissatisfied in any material respect with the Tenant's Plans, Tenant shall promptly modify the same to the reasonable satisfaction of Landlord. Landlord's approval of the Tenant Plans shall not constitute a representation, warranty or agreement of, and Landlord shall have no responsibility or liability for the completeness or design sufficiency thereof or the compliance thereof with any laws, rules or regulations of any governmental or other authority. Tenant agrees that all materials to be used by it in construction of the Tenant Improvements shall be of good quality and Tenant shall not impair the structure or the roof of the building in which the leased premises is located in connection therewith. Tenant agrees that it shall cause the clean room to be designed, constructed and completed in an orderly, clean and safe manner and that while the construction work is being performed, Tenant and its contractors shall provide builder's risk insurance coverage with Landlord as a named insured, which insurance coverage shall meet the criteria reasonable prescribed by Landlord. In the event that Tenant shall fail, for any cause, to complete the clean room on or before the Commencement Date, Landlord shall not be subject to any liability therefore nor shall such failure effect the validity of this Lease and Tenant's obligations hereunder, including Tenant's obligation to commence the term of the Lease and to pay rent and other sums due hereunder. Tenant will keep the leased premises free of liens of any sort and will hold Landlord harmless from any liens which may be placed on the leased premises. In the event a construction or other lien shall be filed against the leased premises or Tenant's interest therein as a result of any work undertaken by Tenant or its employees, agents, contractors or subcontractors, or as a result of any construction, repairs or alterations made by or any other act of Tenant or its employees, agents, contractors or subcontractors, Tenant shall, within twenty (20) days after receiving notice of such lien, discharge such lien either by payment of the indebtedness due the lien claimant or by filing a bond (as provided by statute) as security for the discharge of such lien provided such lien is not the result of Landlord's failure to release funds received as Improvement Rent. In the event Tenant shall fail to discharge such lien, Landlord shall after have the right to procure such discharge by filing such bond, and Tenant shall pay the cost of such bond to Landlord on demand as additional. Landlord may designate by written notice to Tenant that all or any portion of the clean room and any other alterations, additions, improvements and fixtures made by or for Tenant, shall be removed by Tenant at the expiration or termination of the Lease and Tenant shall promptly remove the same and restore and repair any damage to the Office leased premises caused by such removal. Section 4. In the event Tenant receives a bona fide offer from a third party to that condition existing on construct the Commencement Date. Any Tenant Improvements (the “Proposed Construction Agreement”) which Construction Agreement Tenant desires to accept, Tenant shall give Landlord written notice of the Proposed Construction Agreement, including a description of the terms and all property of conditions contained therein, and Landlord shall have the first right to construct the Tenant remaining Improvements upon the same terms and conditions as set forth in the Office Proposed Construction Agreement. Landlord's election must be made by delivery of written notice to Tenant within three (3) business days after receipt of notice of the Termination Date Proposed Construction Agreement from Tenant, and upon such exercise, Landlord and Tenant shall be deemed abandoned by have an additional ten (10) days in which to enter into a binding construction agreement upon the terms set forth in the Proposed Construction Agreement and otherwise acceptable to Landlord and Tenant. In the event Landlord rejects the Proposed Construction Agreement, fails to accept the Proposed Construction Agreement within the three (3) day period, or the construction agreement is not entered into between Landlord and Tenant within the said ten (10) day period, Tenant shall have the right to enter into the Proposed Construction Agreement, and upon entering into the Proposed Construction Agreement, Tenant's first right to construct the Tenant Improvements as provided herein shall expire. Notwithstanding anything in this Article VII, Section 4 to the contrary, in the event that Tenant provides written notice to Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensewithin sixty (60) days from the date of this Lease that it will use and does use pre-designed, pre-engineered modular clean rooms tested and certified to Federal Standards (FS 209E), Institute of Environmental Sciences (IES) Recommended Procedures, and ISO/FDIS (Clean Rooms and Associated Controlled Environment Standards), the option granted to Landlord in this Article VII, Section 4 will not apply.

Appears in 1 contract

Sources: Lease Agreement (Advanced Photonix Inc)

Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions, partitions, or other improvements to the OfficePremises without the prior written consent of Landlord. With Landlord’s written consent, 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 Premises or the building and/or improvements of which the Premises are a part, (ii) such items do not overload or damage the same, (iii) such items may be removed without injury to the Premises, and (iv) 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 Landlord's details, specifications and other requirements, (v) any architectural, engineering, construction management, permits, inspections or other cost or fee required to assure compliance with conditions set forth in this Paragraph 6 shall be paid by Tenant promptly upon demand. All alterations, additions, partitions, or other improvements erected by Tenant shall be and remain the property of Tenant during the term of this Lease; provided however, at the termination of this Lease, Landlord shall have the option, exercisable in Landlord's sole discretion, to require Tenant either upon request to remove, at Tenant’s 's sole cost and expense, may make all or part of each alterations, installations and improvements (additions, partitions, or other improvements, at which time Tenant shall promptly restore the “Alterations”) Premises to its condition immediately prior to the Office provided they are non-structural in naturecommencement date, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to keep in place the Officesame at which time such alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost additions, improvements, and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord upon such installation Landlord. All shelves, bins, machinery and trade fixtures installed by Tenant shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon on or before the Termination Date. Nothing herein is meant earlier to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession occur of the Officedate of termination of this Lease or vacating the Premises, at which time Tenant shall remove all personal property restore the Premises to their original condition. All alterations, installations, removals and installations restoration shall be performed in a good and workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage or alter the primary structure or structural qualities of the buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property Premises or of Tenant remaining in which the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePremises are a part.

Appears in 1 contract

Sources: Commercial Lease (Integrated Information Systems Inc)

Alterations. Absent (a) Tenant shall not make any alterations, interior decorations, improvements or additions to the Premises or attach any fixtures or equipment thereto, without the Landlord’s 's prior written consentapproval. All such alterations, interior decorations, improvements or additions made to the Premises or the attachment of any fixtures or equipment thereto shall be performed at Tenant's sole cost and expense by Landlord or, at Landlord's sole option, by Tenant. So long as Tenant is not in default hereunder, Tenant may make no alterations shall have the right but, except as stated in the succeeding sentence, not the obligation to remove any of said alterations, interior decorations, improvements or additions caused to be made to the Office. With Landlord’s written consent, Premises by Tenant, and any fixtures, furniture and equipment caused to be installed by Tenant, during and at the expiration of the Lease term or any renewal thereof, providing that Tenant repairs any damage caused to the Premises by said removal. Landlord, by notice to Tenant in writing at least thirty (30) days prior to the expiration of the Lease term, or any renewal term thereof, may request that Tenant remove any of said alterations, interior decorations, improvements or additions caused to be made to the Premises by Tenant or any of the fixtures, furniture and equipment caused to be installed by Tenant’s , and, if Landlord makes said request, Tenant shall remove on or before said expiration date such of said alterations, interior decorations, improvements, additions, fixtures, furniture and equipment as are stated in such request and repair any damage caused to the Premises by said removal. In the event that Landlord requests such removal and Tenant fails to remove same and repair any damage caused thereby on or before said expiration date, Tenant agrees to reimburse and pay Landlord for the cost of removing same and repairing any damage to the Premises caused by said removal. All of said alterations, interior decorations, improvements, additions, fixtures, furniture and equipment remaining on the Premises after said expiration date, or at such sooner termination date due to any default of Tenant, shall become the property of Landlord. (b) In doing any such work of installation, removal, alteration or relocation, the Tenant shall use due care to cause as little damage or injury as possible to the Premises and the Building and to repair all damage or injury that may occur to the Premises or the Building in connection with such work. The Tenant agrees in doing any such work in or about the Premises to use its best efforts to engage only such labor as will not conflict with or cause strikes or other labor disturbances among the Building service employees of the Landlord. If Landlord elects not to perform the work, any contractors employed by Tenant for such installations shall be approved by the Landlord in writing before the commencement of such work, but the Landlord shall not unreasonably withhold its approval and consent; provided, however, that all such contractors shall be requited to carry workmen's compensation insurance, public liability insurance and property damage insurance in amounts, form and content, and with companies satisfactory to Landlord. Prior to the commencement by Tenant of any work as set forth in this paragraph, Tenant must obtain, at its sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all necessary permits, approvals, certificates required authorizations and licenses requited by any and all municipal the various governmental authorities or other agencies having jurisdiction of over the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense.

Appears in 1 contract

Sources: Real Property Lease Agreement (World Health Alternatives Inc)

Alterations. Absent (a) The original improvement of the Premises shall be in accordance with Tenant's plans and specifications approved by Landlord’s . Tenant shall not make or permit anyone to make any interior alterations, decorations, additions or improvements to the Premises without the prior written consent of Landlord, which consent Landlord may not unreasonably withhold. In no event shall any structural or exterior repair change or modification to the Building, the Premises, or the heating, electrical or plumbing services be made by Tenant or employees or agents of Tenant without Landlord's prior written consent, Tenant which Landlord may make no alterations to the Officewithhold in its sole and absolute discretion. With Landlord’s written consentAny approved repairs, Tenant, at Tenant’s sole cost and expense, may make alterations, installations decorations, additions or improvements shall be made by licensed contractors and improvements (mechanics approved by Landlord, in accordance with the “Alterations”) applicable laws and ordinances of any public authority having jurisdiction over the Building and with the building code and zoning regulations of any such authority and with any rules and regulations established from time to time by the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services Underwriters Association of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterationslocal area. (b) All alterations, Tenant improvements, additions or fixtures whether installed after the execution of this Lease, shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of remain upon the Premises and at the Alterations termination of this Lease and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like termination shall become the property of Landlord, unless Landlord upon shall, no later than ten (10) days after the termination of this Lease, have given written notice to Tenant to remove the same, in which event Tenant will remove such installation alterations, improvements and shall remain additions and restore the Premises -- in the Office upon ▇▇▇▇▇▇’s surrender same good order and condition in which they were prior to the installation of samesuch alterations, improvements, additions or fixtures. HoweverShould Tenant fail to do so, Landlord may relinquish such right of ownership to do so, collecting, at Landlord's option, the installations by giving reasonable cost and expense thereof from Tenant thirty as additional rent. (30c) days written notice prior to the Termination Date of such relinquishment of ownershipIn making any approved alterations, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Officeadditions or improvements, Tenant shall promptly pay all contractors, materialmen and laborers, so as to minimize the possibility of a lien attaching to the Building, or attaching to any portion of the real property on which said Building is located. Should any such lien be made or suit be filed therefor, Tenant shall bond against or discharge the same within ten (10) days after the said filing of suit. (d) Tenant will defend, indemnify and hold Landlord harmless from and against, any and all expenses, liens, claims or damages, including attorneys' fees, to person or property which may or might arise, directly or indirectly, by reason of the making of any repairs, alterations, decorations, additions or improvements by Tenant, including without limitation, the installation or operation of equipment or machinery requiring Landlord's consent under subparagraph (d) of this Section 9. If any repair, alteration, decoration, addition, installation or improvement is effected without the prior written consent of Landlord, Landlord may remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished or correct the same and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any be liable for any and all property reasonable expenses of Tenant remaining in the Office after the Termination Date this work. All rights given to Landlord herein shall be deemed abandoned by Tenant and in addition to any other right or remedy of Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensecontained in this Lease.

Appears in 1 contract

Sources: Lease (Best Software Inc)

Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (including but not limited to roof and wall penetration) without the prior written consent of Landlord. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may make 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, installations 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 “Alterations”) premises to their original condition by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this lease or other operations or services upon earlier vacating of the Premises and which are done by contractors and sub-contractors approved by premises; provided, however, that if Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities so elects prior to termination of this lease or other agencies having jurisdiction upon earlier vacating of the Premises premises, such alterations, additions, improvements and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Office, premises if required by Landlord; upon any such removal Tenant shall remove all personal property restore the premises to their original condition. All such removals and installations restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensepremises.

Appears in 1 contract

Sources: Lease Agreement (Glacier Corp)