Alterations. The Tenant(s) shall not make any alterations to remodel or decorate any portion of the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipment.
Appears in 1 contract
Sources: Tenancy Lease Agreement
Alterations. The Tenant(s) After the Initial Improvements are complete, except for non-structural improvements and alterations in the aggregate amount of $50,000.00 or less per improvement, Tenant shall not make any alterations to remodel or decorate any portion of the Rented Premises, or erect or cause allow to be erectedmade any alterations, any structure in, about, additions or upon improvements (“Alterations”) to the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without obtaining the prior written consent of Landlord, in ▇▇▇▇▇▇▇▇’s sole discretion. Tenant shall deliver to Landlord the contractor’s name, state license number, a certificate of liability insurance naming Landlord and, at Landlord’s option, Landlord’s Lender(s) as an additional insured, as well as full and complete plans and specifications of all such Alterations and any subsequent modifications or additions to such plans and specifications, and no proposed work shall be commenced or continued by Tenant until Landlord has received and given its written approval of each of the foregoing. The Tenant(sLandlord shall either approve or disapprove any proposed Alteration within thirty (30) days following receipt of all of the foregoing items, and if ▇▇▇▇▇▇▇▇ fails to deliver notice of disapproval within thirty (30) days following receipt of all the foregoing items, ▇▇▇▇▇▇▇▇’s consent is deemed granted. Landlord’s consent or comments on any such plans shall not at be deemed an express or implicit covenant or warranty that any time paint plans or specifications submitted by Tenant are accurate, safe or sufficient or that the Rented same comply with any Laws, ordinances, or building codes. ▇▇▇▇▇▇ will indemnify, protect, defend and hold Landlord and the Indemnified Parties, and the Premises harmless for, from and against any loss, damage, liability, claims, cost or expense, including attorneys’ fees and costs, incurred as a result of any defects in any dark colour such as blackdesign, brownmaterials or workmanship resulting from ▇▇▇▇▇▇’s Alterations to the Premises. All Alterations which are not permanently affixed to the Premises shall remain the property of Tenant, dark blue, purple, etcunless otherwise agreed in writing. Upon At the expiration or termination of the tenancyLease, Tenant(s) will Landlord may require Tenant to remove any alterations partitions, counters, railings, telephone and decorating telecommunications lines, cables, conduits and restore equipment and/or other improvements installed by Tenant, and Tenant shall repair all damage resulting from such removal or shall pay to Landlord all costs arising from such removal if Landlord demands the Rented Premises to the same condition and colours as it was on the date removal of commencement such improvements upon expiration or termination of this Tenancy Agreement, reasonable wear Lease and tear excepted. Tenant(s) shall not alter Tenant fails to remove and repair the locking system on a door giving entry Premises prior to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without vacation thereof. All Alterations shall be done in a good and workmanlike manner and in compliance with the prior written consent plans and specifications approved by Landlord and in compliance with all applicable Laws and as-built plans and specifications shall be provided to Landlord by Tenant upon completion of the work. If required by Landlord, Tenant shall secure at Tenant’s own cost and expense a completion and lien indemnity bond or other adequate security, in form and substance reasonably satisfactory to Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors Tenant shall reimburse Landlord for Landlord’s reasonable charges (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of including any damage to or malfunction of any Detectors supplied professional fees incurred by the Landlord and the a reasonable administrative fee as established by Landlord agrees from time to service same, provided the malfunction is not due to the Tenant’s removal of time) for reviewing and approving or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord disapproving plans and specifications for any expenses incurred for replacement or servicing of the equipmentproposed Alterations.
Appears in 1 contract
Sources: Absolute Net Ground Lease Agreement (Zoned Properties, Inc.)
Alterations. The Tenant(s) Tenant shall not make any alterations to remodel or decorate any portion of the Rented Premises, or erect or cause allow to be erectedmade any alterations, any structure in, about, additions or upon improvements (“Alterations”) to the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without obtaining the prior written consent of the Landlord. The Tenant(s) , which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall deliver to Landlord the contractor’s name, state license number (if applicable), a certificate of liability insurance naming Landlord and, at Landlord’s option, Landlord’s Lender(s) as an additional insured, as well as full and complete plans and specifications of all such Alterations and any time paint the Rented Premises in any dark colour subsequent modifications or additions to such as blackplans and specifications, brown, dark blue, purple, etc. Upon termination and no proposed work shall be commenced or continued by Tenant until Landlord has received and given its written approval of each of the tenancyforegoing. Landlord shall either approve or disapprove any proposed Alteration within thirty ten (10) days following receipt of the applicable plans and specifications, Tenant(sand if Landlord fails to deliver notice of disapproval within ten (10) will remove days following receipt of the applicable plans and specifications, ▇▇▇▇▇▇▇▇’s consent shall be deemed given. Landlord’s consent or comments on any alterations and decorating and restore the Rented Premises to such plans shall not be deemed an express or implicit covenant or warranty that any plans or specifications submitted by Tenant are accurate, safe or sufficient or that the same condition comply with any Laws, ordinances, or building codes. Tenant will indemnify, protect, defend and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the hold Landlord and the Landlord agrees to service sameParties, provided and the malfunction is not due Premises harmless for, from and against any loss, damage, liability, claims, cost or expense, including attorneys’ fees and costs, incurred as a result of any defects in design, materials or workmanship resulting from ▇▇▇▇▇▇’s Alterations to the Premises. All Alterations which are not permanently affixed to the Premises shall remain the property of Tenant until termination of this Lease, at which time they shall, unless otherwise elected by Landlord by written notice to Tenant, be and become the property of Landlord. At the expiration or termination of the Lease, Landlord may require Tenant to remove any partitions, counters, railings, telephone and telecommunications lines, cables, conduits and equipment and/or other improvements installed by Tenant, and Tenant shall repair all damage resulting from such removal or shall pay to Landlord all costs arising from such removal if Landlord demands the removal of such improvements upon expiration or termination of this Lease and Tenant fails to remove and repair the Premises prior to Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guestsvacation thereof. All Detectors must always Alterations shall be operational. Tenant(s) done in a good and workmanlike manner and substantially in compliance with the plans and specifications approved by Landlord and in compliance with all applicable Laws and as-built plans and specifications shall reimburse the be provided to Landlord for any expenses incurred for replacement or servicing by Tenant upon completion of the equipmentwork. If required by Landlord, Tenant shall secure at Tenant’s own cost and expense a completion and lien indemnity bond or other adequate security, in form and substance reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall be permitted to make interior, nonstructural alterations or additions costing less than $50,000 without Landlord’s consent.
Appears in 1 contract
Sources: Absolute Net Lease Agreement (Zoned Properties, Inc.)
Alterations. The Tenant(s(a) Tenant shall not make any alterations, improvements or additions to the Premises or attach any fixtures or equipment thereto, without the Landlord's prior written approval, not to be unreasonably withheld. All alterations, 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. Tenant may affix pictures and shelving to the walls without Landlord's consent.
(b) All alterations, improvements or additions to the Premises made by Tenant shall be deemed to have been attached to the Premises and to have become the property of Landlord upon such attachment, and upon expiration of this Lease or renewal term thereof, Tenant shall not remove any of such alterations, improvements or additions; provided, however, that Landlord may designate by written notice to Tenant at the time Tenant requests consent those alterations and additions which shall be removed by Tenant at the expiration or termination of this Lease, and Tenant shall properly remove the same and repair any damage to remodel the Premises caused by such removal. Notwithstanding anything in this Lease to the contrary, all furniture, trade fixtures and equipment installed by or decorate for Tenant may be removed by Tenant at any portion of the Rented Premisestime.
(c) In performing such alterations, improvements or additions, or erect in the removal thereof, Tenant shall use due care to cause as little damage or cause injury as possible to be erected, the Premises and the Building and shall repair all damage or injury that may occur to the Premises or the Building as a result thereof.
(d) ▇▇▇▇▇▇ agrees in doing any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes such work in or about the Rented Premises without to engage only such labor as will not conflict with or cause strikes or other labor disturbances among the Development service employees of Landlord. Any contractors employed by Tenant shall be subject to Landlord's prior written consent of the approval, not to be unreasonably withheld. 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. The Tenant(s.
(e) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises Prior to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing by Tenant of any damage to or malfunction of any Detectors supplied work as set forth in this Article, Tenant shall obtain, at ▇▇▇▇▇▇'s sole cost and expense, all necessary permits, authorizations and licenses required by the Landlord and various governmental authorities having jurisdiction over the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentPremises.
Appears in 1 contract
Alterations. The Tenant(sAfter Lessee's initial occupancy of the Demised Premises and installation of Lessee's approved Pre-occupancy Tenant Work, Lessee shall make no alterations, installations, additions or improvements (herein collectively called "Alterations") in or to the Demised Premises or the Building without Lessor's prior written consent. Items of a cosmetic nature and decorative modifications which do not adversely affect the structure of the Building or its mechanical, plumbing or electrical systems, are not deemed Alterations. Similarly, improvements which do not require a building permit, and which do not adversely affect the structure of the Building or its mechanical, plumbing or electrical systems, are not deemed Alterations. Consent by Lessor to Lessee's Alterations shall not make be unreasonably withheld, conditioned or delayed, except that Lessor may withhold its consent for any alterations reason with regard to remodel or decorate any portion requested Alterations by Lessee which adversely affect the structure of the Rented PremisesBuilding or the mechanical, plumbing or erect electrical systems of the Building. Lessee, at its sole cost and expense, must provide Lessor with a copy of the original or cause revised full-floor mechanical and electrical plans for the floor or floors on which the Alterations are to be erectedmade, revised by the Building architect and engineers to show Lessee's proposed Alterations. If any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises Alterations are made without the prior written consent of Lessor, Lessor may correct or remove the Landlordsame, and Lessee shall be liable for any and all expenses incurred by Lessor in the performance of this work. The Tenant(sAll Alterations shall be made at Lessee's sole expense, at reasonable times and in a workmanlike manner, and only by such contractors or mechanics as are approved in writing by Lessor. Approval of contractors or mechanics by Lessor shall be based upon the contractors or mechanics being properly licensed and insured in accordance with Section 18(D) below, their financial posture, experience and past job performance. Lessor's approval of such contractors or mechanics shall not at be unreasonably withheld, conditioned or delayed. If Lessor fails to respond, within five (5) business days, to Lessee's request for contractor approval accompanied by satisfactory evidence of the respective contractor's required qualifications set forth above, Lessor's approval shall be deemed granted. Lessor may further require that Lessee obtain and deliver to Lessor written and unconditional waivers of mechanics' and materialmen's liens upon the Land and the Building for all work, labor and services to be performed, and materials to be furnished, in connection with any time paint the Rented Premises permitted Alterations, signed by all contractors, subcontractors and materialmen to become involved in any dark colour permitted Alterations. Lessor shall not be liable for any damages or losses caused by Lessee's contractors, and, as between Lessor and Lessee, Lessee agrees to pay any and all expenses, claims or damages to person or property which may arise directly or indirectly by reason of making any Alterations, all in accordance with Sections 10, 16 and 18(B) below. All Alterations to the Demised Premises, whether made by Lessor or Lessee, and whether at Lessor's or Lessee's expense, or the joint expense of Lessor and Lessee, shall be and remain the property of Lessor. Notwithstanding the foregoing, however, and provided this Lease shall remain free from default by Lessee, any Alterations, fixtures or any other property installed in the Demised Premises at the sole expense of Lessee and with respect to which Lessee has not been granted any credit or allowance by Lessor, whether pursuant to Exhibit B or otherwise, and which were designated for such as blackremoval on Lessee's plans and specifications therefor and can be removed without causing material damage to the Demised Premises and the Building or the Demised Premises, brownshall be and remain the property of Lessee. In the event Lessee removes any of these Alterations and the like, dark blueLessee agrees to repair any damage to the Building caused by said removal and to restore the Demised Premises to a condition no less than that existing on the Commencement Date, purplenormal wear and tear and damage by the elements, etcfire and other casualty excepted. Upon Any replacements of any property or improvements of Lessor, whether made at Lessee's expense or otherwise, shall be and remain the property of Lessor. Lessor, at the time Lessor consents to the Alterations, may elect to require Lessee to remove all or any part of the Alterations made by Lessee subsequent to the Commencement Date, it being understood and agreed, however, that in no event shall Lessor require Lessee to remove any Alterations which are in the nature of normal office improvements. Removal of Lessee's Alterations shall be at Lessee's cost and expense, and Lessee shall, at its cost and expense, repair any damage to the Demised Premises or the Building caused by such removal. Lessee shall remove all of Lessee's property at the expiration or earlier termination of the tenancy, Tenant(s) will Lease. In the event Lessee does not remove any alterations and decorating and restore Lessee's property at the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises expiration or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent earlier termination of the LandlordLease, such property shall become the property of Lessor. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt In the event Lessee fails to remove its property or the Alterations which it is required to remove on or before the expiration, or earlier termination, of smoke alarm(s) the term of the Lease, then and CO2 detectors (collectively termed “Detectors”) in such event, Lessor may remove such property and maintenance information Alterations from the Demised Premises at Lessee's expense, and Lessee hereby agrees to immediately notify pay to Lessor, as additional rent, the Landlord in writing reasonable cost of such removal together with any damage to or malfunction of any Detectors supplied and all reasonable damages which Lessor may suffer and sustain by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing reason of the equipmentfailure of Lessee to remove the same. Said amount of additional rent shall be due and payable upon receipt by Lessee of a written statement of costs and damages from Lessor.
Appears in 1 contract
Sources: Office Lease (Costar Group Inc)
Alterations. The Tenant(sSubtenant may, from time to time, at its own cost and expense and without the consent of Sublandlord, make alterations, additions or improvements (collectively herein called "Alterations") of a non-structural nature to the interior of the Sublet Premises whose cost in any one instance is $25,000 or less, provided Subtenant gives Sublandlord fifteen (15) days prior written notice of any such Alterations. To the extent that Subtenant obtains plans and specifications for any such Alterations whose cost is $25,000 or less, Subtenant shall provide Sublandlord with copies of such plans and specifications for Sublandlord's information. If Subtenant desires to make any non-structural Alterations to the interior of the Sublet Premises costing in excess of $25,000 in any one instance, Subtenant must first obtain the consent of Sublandlord thereto, which consent by Sublandlord shall not be unreasonably withheld or delayed. Any request by Subtenant to make any alterations non-structural Alterations to remodel or decorate any portion the interior of the Rented Premises, or erect or cause to be erected, Sublet Premises costing in excess of $25,000 in any structure in, about, or upon one instance shall include written plans and specifications for the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about Alterations. At the Rented Premises without the prior written consent end of the Landlord. The Tenant(sSublease Term, Subtenant may elect to remove or to leave any such Alterations, provided that Subtenant must give Sublandlord written notice of its election as to each Alteration no less than ten (10) shall not at any time paint months prior to the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination expiration of the tenancy, Tenant(s) will Term. If Subtenant elects to remove any alterations such Alterations, Subtenant's only responsibility upon removal is to repair any damage caused by the removal and decorating and not to restore the Rented Premises to Sublet Premises. All Alterations shall be done by Sublandlord's designated contractors and engineers in accordance with the same condition terms and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent conditions of the LandlordPrime Lease. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) Without limiting the foregoing, Subtenant shall obtain all necessary licenses and CO2 detectors (collectively termed “Detectors”) permits, shall perform all Alterations in accordance with all laws, by-laws, rules, regulations, licenses and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentpermits.
Appears in 1 contract
Sources: Sublease (Microsoft Corp)
Alterations. The Tenant(s) 9.1 Tenant shall not make any alterations to remodel or decorate any portion of the Rented Premisesnot, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of Landlord (which consent shall be provided promptly and not unreasonably withheld), make any structural alterations, additions, or improvements to the Premises, exterior or interior, or any exterior alterations, additions, or improvements to the Premises, provided, however, that Landlord. The Tenant(s) ’s consent shall not at be required with respect to any time paint such alterations, additions or improvements so long as (i) such alterations, additions or improvements do not affect the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination structural integrity of the tenancyBuildings, Tenant(s(ii) will remove any alterations the exterior design and decorating and restore materials, as well as the Rented Premises to quality of the workmanship of such alterations, additions or improvements, are substantially the same condition as the design, materials and colours as it was on workmanship of the date Buildings, and (iii) the number of commencement of this Tenancy Agreementparking spaces in the Parking Areas are not reduced below 4 per each 1,000 square feet contained within the Buildings (including such alterations, reasonable wear and tear exceptedadditions or improvements). Tenant(s) shall Furthermore, Tenant may not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of Landlord (which consent shall be provided promptly and not unreasonably withheld) penetrate the roof of the Buildings for any purpose whatsoever or perform any work thereon other than ordinary maintenance of heating, ventilating and air conditioning systems, without Landlord’s prior written consent. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt All construction work done in the Premises by Tenant, including any trade fixturing, shall be performed in a good workmanlike manner and in compliance with the terms of smoke alarm(s) the Declaration and CO2 detectors (collectively termed “Detectors”) all governmental requirements, and, as regards any structural or exterior alterations, additions, and maintenance information improvements approved by Landlord, as aforesaid, in accordance with the plans and specifications therefor prepared by and on behalf of Tenant and approved in writing by Landlord, which approval shall be provided promptly and shall not be unreasonably withheld. Such improvements made by Tenant may be removed at or prior to the termination of this Lease, provided Tenant agrees to immediately notify repair any injury to the Premises occasioned by such removal. If any such improvements are not so removed by the date of termination of this Lease, such improvements shall be deemed to be abandoned and shall be the sole property of Landlord.
9.2 Tenant shall not permit any mechanics’, materialmen’s or other liens to stand against the Premises for work or materials contracted for by Tenant in connection with any alteration, remoldeling, addition or new construction.
9.3 Landlord in writing shall be solely responsible for any structural alteration, repair or improvement to the Premises and Tenant shall be responsible for any such non-structural alterations, repairs or improvements required by law, statute, ordinance, regulation or other requirement of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentgovernmental agency.
Appears in 1 contract
Sources: Lease Agreement (Primerica, Inc.)
Alterations. The Tenant(sNo alterations, additions or improvements shall be made to the Building or any part thereof by or on behalf of Tenant without first submitting a detailed description thereof to Landlord and obtaining Landlord’s written approval which shall not be unreasonably withheld, conditioned or delayed provided, however, Landlord’s approval shall not be required in connection with alterations, additions or improvements each costing Fifty Thousand ($50,000.00) Dollars or less so long as: (1) Tenant has obtained all requisite governmental permits and approvals; and (ii) the alterations, additions or improvements are non-structural in nature and do not affect any of the Building’s mechanical or other systems; (iii) upon the completion of each alteration, addition or improvement Tenant provides Landlord notice thereof; and (iv) if the relocation of walls is involved in the alteration, addition or improvement, Tenant provides to Landlord CAD drawings of the work in question (collectively, “Permitted Alterations”). All alterations, additions or improvements made by Tenant and all fixtures attached to the Building (other than trade fixtures such as moveable walls and cubicles) shall not make become the property of Landlord and remain at the Building or, at Landlord’s option, after written notice to Tenant, any alterations to remodel or decorate any portion all of the Rented Premisesforegoing which may be designated by Landlord at the time Landlord’s approval is requested or concerning a Permitted Alteration upon Tenant’s request in writing, shall be removed at the cost of Tenant before the expiration or sooner termination of this Lease and in such event Tenant shall repair all damage to the Building caused by the installation or removal. However, Landlord acknowledges that none of the Tenant Work need be removed by Tenant upon the expiration or sooner termination of this Lease. Notwithstanding anything in this Lease, unless otherwise requested by Landlord in writing, Tenant shall remove all Direct Tenant Work and shall repair all damage to the Building caused by the installation or removal of such Direct Tenant Work. Except as set forth in this Lease, Tenant shall not erect or place, or erect cause or cause allow to be erectederected or placed, any structure insign, aboutadvertising matter, lettering, stand, booth, showcase or other article or matter in or upon the Rented PremisesBuilding which is visible from the exterior of the Building, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) Landlord which shall not at any time paint be unreasonably withheld. Tenant shall not place weights anywhere beyond the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination safe carrying capacity of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentstructure.
Appears in 1 contract
Sources: Lease Agreement (MEDecision, Inc.)
Alterations. The Tenant(s(a) Tenant shall make no improvements, changes or alterations in or to the Premises (“Alterations”) without Landlord’s prior approval. Landlord shall not unreasonably withhold its approval to any Alteration.
(b) Tenant, in connection with any Alteration, shall comply with the Alteration Rules and Regulations set forth in the Tenant Manual. Other than with respect to purely decorative painting, wall-covering and finish work which does not require the preparation and filing of plans to obtain a building permit, Tenant shall not proceed with any Alteration unless and until Landlord approves Tenant’s plans and specifications therefor. Any review or approval by Landlord of plans and specifications with respect to any Alteration is solely for Landlord’s benefit, and without any representation or warranty to Tenant with respect to the adequacy, correctness or efficiency thereof, its compliance with Laws or otherwise. In any instance in which Landlord’s approval shall be required with respect to the performance of any Alterations, Landlord agrees that Landlord shall, within ten (10) Business Days following receipt of complete and coordinated final Tenant’s plans for the performance of such Alterations, advise Tenant of Landlord’s approval or disapproval of such plans or any part thereof. If Landlord shall fail to approve or disapprove Tenant’s plans or any part thereof within such 10 Business Day period, and such failure shall continue for a period of two (2) Business Days after notice from Tenant stating in bold typeface that Landlord has failed to so approve or disapprove Tenant’s plans and that failure to approve or disapprove of Tenant’s plans within such 2-Business Day period shall be deemed approval thereof. Landlord shall be deemed to have approved such plans. If Landlord shall disapprove such plans (or any part thereof), Landlord shall set forth its reasons for such disapproval in writing and in reasonable detail.
(c) Tenant shall pay to Landlord upon demand Landlord’s out-of-pocket costs and expenses (including, without limitation, the fees of any architect, engineer, consultant or agent employed by Landlord or any Superior Lessor or Superior Mortgagee for such purpose) for reviewing plans and specifications and inspecting Alterations (i) up to a maximum amount of $0.50 per rentable square foot contained in the Premises in the case of Tenant’s initial Alterations, (ii) up to a maximum amount of $0.50 per rentable square foot of the affected area of the Premises in the case of any subsequent Alterations having a cost of $100,000 or more, and (iii) up to a maximum amount of $1,500 in the case of any such subsequent Alterations having a cost of less than $100,000.
(d) Before proceeding with any Alteration (other than Tenant’s initial Alterations) that will cost more than (1) $250,000, if Tenant is then leasing three or more whole floors in the Building or (2) $100,000, if Tenant Is then leasing less than three whole floors in the Building (in each case exclusive of the costs of decorating work and items constituting Tenant’s Property), as estimated by a reputable contractor designated by Landlord, Tenant shall furnish to Landlord one of the following (as selected by Landlord): (i) a cash deposit, (ii) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New York reasonably satisfactory to Landlord) or (iii) an irrevocable, unconditional, negotiable letter of credit, issued by a bank and in a form satisfactory to Landlord; each to be equal to 110% of the cost of the Alteration, estimated as set forth above. Any such letter of credit shall be for one year and shall be renewed by Tenant each and every year until the Alteration in question is completed and shall be delivered to Landlord not less than 30 days prior to the expiration of the then current letter of credit, failing which Landlord may present the then current letter of credit for payment and hold the proceeds thereof as a cash deposit. Upon (A) the completion of the Alteration in accordance with the terms of this Section 4.01 and (B) the submission to Landlord of (x) proof evidencing the payment in full for said Alteration, (y) written unconditional lien waivers of mechanics’ liens and other liens on the Project from all contractors performing said Alteration and (z) all submissions required pursuant to Exhibit C attached hereto, the security deposited with Landlord (or the balance of the proceeds thereof, if Landlord has drawn on the same) shall not make be returned to Tenant; provided, that if Tenant shall be diligently prosecuting the resolution of a dispute in good faith with any alterations to remodel or decorate contractor who performed any portion of said Alteration, and shall furnish to Landlord evidence of the Rented Premisessame, then, subject to compliance with the other provisions of this sentence, the security deposited with Landlord (or erect the balance of the proceeds thereof, if Landlord has drawn on the same) shall be returned to Tenant less an amount equal to 125% of the amount in dispute. Upon Tenant’s failure properly to perform, complete and/or fully pay for any Alteration, as determined by Landlord, Landlord may, upon 5 days prior notice to Tenant (except in the case of any emergency, in which case Landlord shall not be required to provide such prior notice to Tenant), draw on the security deposited under this Section 4.01(d) to the extent Landlord deems necessary in connection with Tenant’s failure to pay for said Alteration, the restoration and/or protection of the Premises or the Project and the payment of any costs, damages or expenses resulting therefrom.
(e) Tenant shall obtain (and furnish copies to Landlord of) all necessary governmental permits and certificates for the commencement and prosecution of Alterations and for final approval thereof upon completion, and shall cause Alterations to be erectedperformed in compliance therewith, any structure in, about, or upon and in compliance with all Laws and with the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the plans and specifications approved by Landlord. The Tenant(s) In connection with Tenant’s obtaining all such governmental permits and certificates or such final approval, Landlord shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises cooperate with Tenant to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry extent reasonably requested by Tenant or to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied extent required by the Landlord and the Landlord agrees to service sameapplicable Laws; provided, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) that Tenant shall reimburse the Landlord for any expenses incurred in such cooperation, as Additional Charges, within twenty (20) days after demand and Landlord shall have no liability to Tenant or otherwise in connection with Tenant’s failure to obtain such permits, certificates or approval. Alterations shall be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the then standards for replacement the Building established by Landlord. Alterations shall be performed by contractors, engineers, architects and consultants approved by Landlord (which approval shall not be unreasonably withheld or servicing delayed), and who are harmonious and compatible with the contractors and labor employed by Landlord or otherwise working in the Building; provided, that any Alterations that would affect the “Class E”, mechanical or electrical systems of the equipmentbase Building shall be performed only by the contractor(s) designated by Landlord. The performance of any Alteration shall not be done in a manner which would violate Landlord’s union contracts affecting the Project, or create any work stoppage, picketing, labor disruption, disharmony or dispute or any interference with the business of Landlord or any tenant or occupant of the Building. Tenant shall immediately stop the performance of any Alteration if Landlord notifies Tenant that continuing such Alteration would violate Landlord’s union contracts affecting the Project, or create any work stoppage, picketing, labor disruption, disharmony or dispute or any interference with the business of Landlord or any tenant or occupant of the Building.
(f) Throughout the performance of Alterations, Tenant shall carry worker’s compensation insurance in statutory limits, “all risk” Builders Risk coverage and general liability insurance, with completed operation endorsement, for any occurrence in or about the Project, under which Landlord and its agent and any Superior Lessor and Superior Mortgagee whose name and address have been furnished to Tenant shall be named as parties insured, in such limits as Landlord may reasonably require, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with evidence that such insurance is in effect at or before the commencement of Alterations and, on request, at reasonable intervals thereafter during the continuance of Alterations,
(g) Should any mechanics’ or other liens be filed against any portion of the Project by reason of the acts or omissions of, or because of a claim against, Tenant or anyone claiming under or through Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within 30 days after notice from Landlord. If Tenant shall fail to cancel or discharge said lien or liens within said 30 day period, Landlord may cancel or discharge the same and, upon Landlord’s demand, Tenant shall reimburse Landlord for all costs incurred in canceling or discharging such liens, together with interest thereon at the interest Rate from the date incurred by Landlord to the date of payment by Tenant, such reimbursement to be made within 20 days after receipt by Tenant of a written statement from Landlord as to the amount of such costs. Tenant shall indemnify and hold Landlord harmless from and against all costs (including, without limitation, reasonable attorneys’ fees and disbursements and costs of suit), losses, liabilities or causes of action arising out of or relating to any Alteration, including, without limitation, any mechanics’ or other liens asserted in connection with such Alteration.
(h) Tenant shall deliver to Landlord, within 30 days alter the completion of an Alteration, “as-built” drawings thereof. During the Term and for a period of 3 years commencing on the Expiration Date, Tenant shall keep records of Alterations costing in excess of $5,000 including plans and specifications, copies of contracts, invoices, evidence of payment and all other records customarily maintained in the real estate business relating to Alterations and the cost thereof and shall, within 30 days after demand by Landlord, furnish to Landlord copies of such records.
(i) All Alterations to and Fixtures installed by Tenant in the Premises shall be fully paid for by Tenant in cash and shall not be subject to conditional bills of sale, chattel mortgages, or other title retention agreements.
Appears in 1 contract
Alterations. The Tenant(s) Tenant shall not make any alterations to remodel or decorate any portion of the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or no changes in or about to the Rented Demised Premises of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this Article, Tenant at Tenant's expense, may make non-structural alterations, installations, additions or improvements which do not affect utility services or plumbing and electrical lines, in or to the interior of the Demised Premises using licensed and reputable contractors or mechanics first approved by Landlord. The Tenant(sTenant 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 to carry such worker's compensation, general liability, personal and property damage insurance as Landlord may reasonably require. If any mechanic's lien is filed against the Demised Premises or the Building for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this Article, the same shall be discharged by Tenant within thirty (30) shall not days after Tenant receives written notice thereof at Tenant's expense, by filing the bond required by law or otherwise. All fixtures and all paneling, partitions, railings and like installations, installed in the Demised Premises at any time paint time, either by Tenant or by Landlord on Tenant's behalf, shall, upon installation, become the Rented property of Landlord and shall remain upon and be surrendered with the Demised Premises in any dark colour such unless Landlord, by notice to Tenant no later than thirty (30) days prior to the date fixed as black, brown, dark blue, purple, etc. Upon the termination of this lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event the tenancy, Tenant(s) will remove any alterations and decorating and restore same shall be removed from the Rented Demised Premises by Tenant prior to the same condition 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 colours equipment, but upon removal of any such furniture, fixtures and equipment from the Demised Premises or upon removal of other installations as it was on may be permitted hereunder, Tenant shall immediately and at its expense, repair any damage occasioned by such removal. All property permitted to be removed by Tenant at the date end of commencement the term remaining in the Demised Premises after Tenant's removal shall be deemed abandoned and may, at the election of this Tenancy AgreementLandlord, reasonable wear and tear exceptedeither be retained as Landlord's property or removed from the Demised Premises by Landlord, at Tenant's expense. Tenant(s) shall not alter the locking system on a door giving entry In order to prevent mechanic's or materialmen's liens from attaching to the Rented Demised Premises or cause Building, any contractor ("Contractors") or allow subcontractor ("Subcontractor") performing work for or at the locking system to be altered during the Tenant’s occupancy without the prior written consent request of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information Tenant covenants and agrees to immediately notify 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 writing 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 damage to or malfunction part of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction Contract price which is not due 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 Tenant’s removal of Subcontractors for labor and services shall be accompanied by a direction that the payment shall be applied to account for work or failure to replace the battery, services performed or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentmaterial supplied in connection with this project.
Appears in 1 contract
Alterations. The Tenant(s) Tenant shall not make any alterations to remodel or decorate any portion of the Rented Premisesnot, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of Landlord, make any alterations, improvements or additions to the LandlordPremises (“Alterations”). The Tenant(sNotwithstanding the foregoing, Landlord notification, but not approval, shall be required for Alterations which cost in the aggregate $50,000 or less; provided that such alterations:
(a) shall do not at any time paint require a permit;
(b) do not require common area changes;
(c) do not affect the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination structural or watertight integrity of the tenancy, Tenant(sBuilding;
(d) will remove do not place any alterations and decorating and restore the Rented Premises to the same condition and colours as it was unreasonable additional load on the date Building system;
(e) are not visible from outside the Premises;
(f) do not detract from the exterior appearance of commencement the Building (with the exception of the Telecommunications Equipment); and
(g) do not affect the Building’s systems. All Alterations shall become Landlord’s property and remain upon the Premises at the termination or expiration of the Lease (excepting only Tenant’s moveable office furniture, trade fixtures (including, without limitation, any UPS Systems, supplemental generators and supplemental HVAC installed by Tenant) and office and professional equipment); provided, however, that Landlord shall have the right to require Tenant to remove such Alterations at Tenant’s cost upon the termination or expiration of this Tenancy AgreementLease, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing repair of any damage caused to the Premises or malfunction the Building as a result of any Detectors supplied such removal shall be paid for by Tenant. Notwithstanding the foregoing, if Tenant obtains Landlord’s consent for any Alterations, then Landlord and shall notify Tenant, at the time Landlord agrees gives its consent, whether Tenant will be required to service same, provided the malfunction remove such Alterations. If Tenant is not due required to obtain Landlord’s consent to any Alteration, then within ten (10) business days after Tenant notifies Landlord that Tenant intends to make such Alterations, Landlord shall notify Tenant whether Tenant must remove such Alterations at the termination or expiration of this Lease. All alterations, improvements and additions shall be made in a good and first class workmanlike manner using new materials, which shall be at least equal in quality to the original installations. Tenant shall use contractors designated by Landlord to perform all Alterations the cost of which is anticipated to exceed Two Thousand Dollars ($2,000.00), unless Landlord provides written approval of Tenant’s removal contractor(s). Such approval by Landlord shall not be unreasonably withheld, conditioned or delayed so long as such contractor satisfies Landlord’s standard requirements for contractors working in the Building. Upon request, Landlord will advise Tenant of or failure to replace the battery, or tampering or adjustments made or removal its pre-approved contractor(s). Tenant shall provide Landlord with copies of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord all plans and specifications for any expenses incurred for replacement or servicing of the equipmentall such Alterations and “as built” plans if same are customarily available.
Appears in 1 contract
Alterations. The Tenant(sBorrower shall obtain Lender’s prior consent to any material alterations to any Improvements, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Lender’s consent shall not be required in connection with any alterations that will not have a material adverse effect on Borrower’s financial condition, the value of the Property or the Net Operating Income, provided that such alterations (a) are made in connection with tenant improvement work performed pursuant to the terms of any Lease, (b) do not materially adversely affect any structural component of any Improvements, any utility or HVAC system contained in any Improvements or the exterior of any building constituting a part of any Improvements and the aggregate cost thereof does not exceed the Alteration Threshold Amount, (c) are performed in connection with the Restoration of the Property after the occurrence of a Casualty or Condemnation in accordance with the terms and provisions of this Agreement, (d) are made pursuant to and in accordance with the Management Agreement, or (e) are made in connection with the PIP Requirements or otherwise constitute Required Repairs. To the extent Lender’s prior written approval is required pursuant to this Section 5.1.21, Lender shall have fifteen (15) Business Days from receipt of written request and any and all reasonably required information and documentation relating thereto in which to approve or disapprove such request and such written request shall state thereon in bold letters of 14 point font or larger that action is required by Lender. If Lender fails to approve or disapprove the request within such fifteen (15) Business Days, Lender’s approval shall be deemed given. Should Lender fail to approve any such request, Lender shall give Borrower written notice setting forth in reasonable detail the basis for such disapproval. In no event shall Lender require any “consent fee” as a condition to any required approval. If the total unpaid amounts due and payable with respect to alterations to the Improvements at the Property (other than such amounts to be paid or reimbursed by tenants under the Leases) shall not make any alterations to remodel or decorate any portion of the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) shall not at any time paint exceed the Rented Premises in Alteration Threshold Amount, Borrower shall promptly deliver to Lender as security for the payment of such amounts and as additional security for Borrower’s obligations under the Loan Documents any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancyfollowing: (A) cash, Tenant(s(B) U.S. Obligations, (C) other securities having a rating acceptable to Lender and that the applicable Rating Agencies have confirmed in writing will remove any alterations not, in and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreementitself, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on result in a door giving entry to the Rented Premises downgrade, withdrawal or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent qualification of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(sinitial, or, if higher, then current ratings assigned to any Securities or any class thereof in connection with any Securitization, or (D) acknowledges receipt a completion and performance bond or an irrevocable letter of smoke alarm(scredit (payable on sight draft only) issued by a financial institution having a rating by S&P of not less than “A-1+” if the term of such bond or letter of credit is no longer than three (3) months or, if such term is in excess of three (3) months, issued by a financial institution having a rating that is acceptable to Lender and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify that the Landlord applicable Rating Agencies have confirmed in writing will not, in and of any damage to itself, result in a downgrade, withdrawal or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing qualification of the equipment.initial, or, if higher, then current ratings assigned to any Securities or any class thereof in connection with any
Appears in 1 contract
Alterations. The Tenant(s) Tenant shall not make any permit structural or non-structural alterations to remodel or decorate any portion of the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes additions in or about to the Rented Leased Premises without unless and until the prior written consent of the Landlord. The Tenant(s) plans have been approved by Landlord in writing, which approval shall not at any time paint be unreasonably withheld or delayed. As a condition of such approval, Landlord may require Tenant to remove the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Leased Premises upon termination of this Lease; otherwise, all such alterations or improvements, except movable office furniture, the card room air conditioner and equipment and trade fixtures, shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant agrees to remove the card room structure and return it to warehouse space upon the expiration or early termination of this Lease. If Landlord consents to Tenant's performance of alterations or additions to the same condition Leased Premises, Tenant shall ensure that all alterations and colours as it was 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, specifications and working drawings for Tenant's alterations shall create no responsibility or liability on the date part of commencement Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of this Tenancy Agreementgovernmental agencies or authorities. Tenant shall indemnify and save harmless Landlord from all costs, reasonable wear and tear exceptedloss or expense in connection with any construction or installation. Tenant(s) No person shall not alter 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 locking system Leased Premises for any improvements or fixtures made thereon or installed therein or for or on a door giving entry account of any labor or material furnished to the Rented Leased Premises or for or on account of any matter or thing whatsoever; and nothing in this Lease contained shall be construed to constitute a consent by Landlord to the creation of any lien. If any lien is filed against the Leased Premises for work claimed to have been done for, or material claimed to have been furnished to, Tenant, Tenant shall cause or allow the locking system such lien to be altered during the Tenant’s occupancy without the prior written consent discharged of the Landlordrecord within thirty (30) days after filing by bonding or in any other lawful manner. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) Tenant shall indemnify and CO2 detectors (collectively termed “Detectors”) save harmless Landlord from all costs, losses, expenses, and maintenance information and agrees to immediately notify the Landlord attorneys' fees in writing of connection with any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentsuch lien.
Appears in 1 contract
Sources: Lease Agreement (Access Corp)
Alterations. The Tenant(s) All alterations, additions and improvements, except trade fixtures, installed at expense of Tenant, shall not make any alterations to remodel or decorate any portion become the property of Landlord and shall remain upon and be surrendered with the Rented Premisesleased premises as a part of thereof on the termination of this lease. Such alterations, or erect or cause to additions, and improvements may only be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without made with the prior written consent of Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord 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 Tenant without prior written permission of Landlord. The Tenant(s) If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the roof can be made, Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's expense and repair at Tenant's expense any time paint the Rented Premises in any dark colour damage resulting from such as black, brown, dark blue, purple, etcremoval or reinstallation. Upon termination of this lease, Tenant shall remove or cause to be removed from the tenancyroof any such cooling tower, Tenant(s) will remove equipment or structure if directed to do so by Landlord. Tenant shall promptly repair at its expense any alterations and decorating and restore damages resulting from such removal. At the Rented Premises to the same condition and colours as it was on the date of commencement termination of this Tenancy Agreementlease, reasonable wear Tenant shall deliver the leased premises in good order and tear condition, natural deterioration only excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any Any damage to or malfunction of any Detectors supplied caused by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made installation or removal of Detectors by trade fixtures shall be repaired at Tenant's expense prior to the Tenant(s) or his guestsexpiration of the lease term. All Detectors must always alterations, improvements, additions, and repairs made by Tenant shall be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentmade in good and workmanlike manner.
Appears in 1 contract
Sources: Commercial Lease (Allquest Com Corp)
Alterations. The Tenant(s(a) Tenant shall not, without Landlord's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, make any alterations alterations, additions or improvements to remodel the Premises, whether interior or decorate exterior, including without limitation the installation of lighting fixtures, space heaters, air conditioning, electrical equipment, power panels, plumbing, ducts, or window coverings (collectively, "Alterations"), provided that Tenant may install such trade fixtures as are reasonably appropriate if (i) such items do not alter the basic character of the Building; or overload or damage the same; (ii) such items may be removed without injury to the Premises; and (iii) the alterations, additions or improvements are made in compliance with all Requirements, as herein defined and with Landlord's specifications and requirements. If Landlord informs Tenant in writing at the time Landlord consents to any specific Alteration(s) that the same must be removed, Tenant shall remove such Alteration(s) at the termination of this Lease and shall repair any damage to the Premises caused by such removal and restore the portion of the Rented PremisesPremises affected by such removal to its condition prior to the installation of the Alterations subject to reasonable wear and tear and surrender the Premises in accordance with this Lease. Unless Landlord requires their removal, all Alterations shall become the property of Landlord and remain upon the Premises at the expiration or erect sooner termination of this Lease. Landlord's consent to any such Alteration shall not be construed to mean that same is in compliance with all Requirements, as herein defined. If Tenant makes any Alterations without the prior written approval of Landlord, Landlord may require that Tenant remove any or cause all of the same at any time. Tenant shall deliver to Landlord within thirty (30) days after making final payment to contractors:
1. Full and unconditional lien waivers from all Tenant contractors, subcontractors and suppliers and
2. Two blue line sets of clear, definable and comprehensive as-built drawings.
(b) Tenant shall make any Alterations in a good and workmanlike manner, in accordance with all applicable laws and with as-built conditions provided to Tenant by Landlord. Tenant shall obtain all licenses and permits required for any Alterations or repairs by Tenant. Tenant shall remove any Alterations required to be erectedremoved hereunder and restore the Premises in a good and workmanlike manner and in accordance with all applicable Requirements, any structure in, about, or upon the Rented Premisesas herein defined, including but not limited toto applicable state, installation federal and local law and such other requirements as Landlord and any governmental or quasi-governmental agency may impose.
(c) Tenant shall promptly pay and discharge all claims for services, supplies, labor or materials furnished or alleged to have been furnished to or for Tenant at or for use in the Premises.
(d) Notwithstanding the foregoing, Tenant shall have the right, without Landlord's consent, to make non-structural alterations, improvements and/or additions to the Premises, provided that such alterations, improvements and/or additions do not effect the Building systems or structures and do not penetrate the roof, floor or walls and do not exceed a cost of $25,000.00 in aggregate over a one year period. In addition any wallssuch alterations, electrical outlets flooring improvements and/or additions must be performed in a good and workmanlike manner and in compliance with all applicable Requirements. Landlord may require that any such non-structural alterations, improvements, and/or additions be removed at the expiration or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon earlier termination of the tenancy, Tenant(s) will remove any alterations Lease and decorating that Tenant at Tenant's cost and expense restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, prior to such installation reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipment.
Appears in 1 contract
Alterations. The Tenant(s) Tenant 1 shall not have the right, from time to time, to make all such non-structural alterations and improvements to the leased premises as may be reasonably necessary or appropriate, for the conduct of Tenant 1 business, provided that prior to commencement of any such work, the Landlord shall in each case have approved in writing the plans and specifications for such work and provided Tenant 1 engages contractors approved by Landlord in its sole discretion. All work done by Tenant 1 shall conform to all applicable governmental regulations and requirements with all required permits to be paid for by Tenant 1. If any such work done by Tenant 1 causes damage to the building structural portions, building roof, floor or windows on the leased premises, then the costs of all maintenance and repairs to such damaged building components shall thereafter be the responsibility of Tenant 1. Notwithstanding the fact that alterations may be made by Tenant 1, during the lease term or any renewal or extension of such term, Tenant 1 shall have the duty to remodel return the leased premises, upon termination or decorate any portion expiration of the Rented Premiseslease, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes Landlord in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreementwhen received by Tenant 1, reasonable ordinary wear and tear excepted. Tenant(s) Tenant 1 shall not alter provide plans depicting proposed improvements to Landlord, designating any fixed, permanent or semi-permanent proposed installations that Tenant 1 proposes to leave in place without removal upon lease termination. All such alterations, improvements and fixtures in place, designated to remain upon lease termination shall be and remain the locking system on a door giving entry property of Landlord. Further, in connection with any improvements and alterations to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify leased premises, Tenant 1 shall indemnify the Landlord in writing from any lien arising out of any damage to such work performed or malfunction materials furnished, and shall indemnify and hold harmless the Landlord from any liability or loss, of any Detectors supplied by type or nature, including reasonable attorney's fees, arising out of any lien or claim based on work performed or materials furnished. Landlord shall have the Landlord and the Landlord agrees right to service same, provided the malfunction is not due require Tenant 1 to the Tenant’s removal of furnish adequate bond or failure other security acceptable to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for payment of any expenses incurred such work performed by Tenant 1, and shall have the right to require adequate lien waives on any such work performed by Tenant 1. Landlord shall also have the right to post notice of non-liability for replacement or servicing of any such work, at appropriate places in the equipmentleased premises.
Appears in 1 contract
Sources: Lease Agreement
Alterations. The Tenant(s) Tenant shall not make alterations, additions or improvements to the Premises or install any alterations to remodel Cable in the Premises or decorate any portion other portions of the Rented Premises, Building or erect or cause the Project (collectively referred to be erected, any structure in, about, or upon as “Alterations”) without first obtaining the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the Landlord in each instance. Prior to starting work, Tenant shall furnish Landlord with plans and specifications reasonably acceptable to Landlord; names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Building systems); copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord; and any security for performance that is reasonably required by Landlord. The Tenant(s) Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall not be constructed in a good and workmanlike manner using materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building. Landlord may designate reasonable rules, regulations and procedures for the performance of work in the Building and the Project and, to the extent reasonably necessary to avoid disruption to the occupants of the Building and the Project, shall have the right to designate the time when Alterations may be performed. Tenant shall reimburse Landlord within 10 days after receipt of an invoice for sums paid by Landlord for third party examination of Tenant’s plans for any time paint Alterations. In addition, within 10 days after receipt of an invoice from Landlord, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any Alterations equal to 10% of the Rented Premises in any dark colour such as black, brown, dark blue, purple, etccost of the Alterations. Upon termination of the tenancycompletion, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) Tenant shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors furnish “as-built” plans (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not if applicable due to the nature of the Alteration), completion affidavits, full and final waivers of lien in recordable form, and receipted bills covering all labor and materials. Tenant shall assure that the Alterations comply with all insurance requirements and Laws. Landlord’s approval of an Alteration shall not be a representation by Landlord that the Alteration complies with applicable Laws or will be adequate for Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentuse.
Appears in 1 contract
Sources: Office Lease Agreement (GoPro, Inc.)
Alterations. The Tenant(sTenant may construct and install alterations, additions and improvements (collectively, “Alterations”) on, in and to the Premises without Landlord’s prior approval (but on at least ten (10) days prior written notice to Landlord), provided that such Alterations (i) do not affect the exterior of the Buildings, (ii) do not adversely affect the structural portions of the Premises (the “Building Structure”), the roof, or the Building Systems, (iii) comply with all applicable Laws, and (iv) do not exceed [****] for any given project (any such Alterations that do not require Landlord’s consent are “Permitted Alterations”). For the avoidance of doubt, notice shall not be required with respect to installation of any equipment unless such equipment constitutes a fixture. B. Approval of Alterations Affecting the Building Structure. If Tenant desires to make any alterations Alterations that are not Permitted Alterations, Tenant shall first obtain Landlord’s written consent, which shall not be unreasonably withheld, conditioned or delayed, and, if Landlord does not notify Tenant in writing of its reasonable disapproval of any such Alterations within ten (10) business days following Tenant’s written request for approval and delivery to remodel Landlord of the proposed plans and specifications for such Alterations, then the failure of Landlord to respond within ten (10) business days after receipt of such written request shall be deemed to be Landlord’s approval of Tenant’s proposed Alterations. Any disapproval by Landlord of all or decorate any portion of the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent Tenant’s proposed Alterations shall include a specific description of the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination portion of the tenancywork so disapproved and the reason(s) for such disapproval. Thereafter, Tenant(sTenant may resubmit to Landlord another request for approval of such previously disapproved portion of the work and Landlord shall have five (5) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on business days from the date of commencement Tenant’s request to respond, failing which such non-responsiveness by Landlord within the required time period shall be Landlord’s deemed approval. Landlord may impose, as a condition of its consent to any Alterations such requirements as Landlord in its reasonable discretion may deem desirable. ▇▇▇▇▇▇▇▇ also have the right to notify Tenant at the time of consent to any Alterations that Tenant must remove such Alterations at the end of the Lease Term and repair any damage caused thereby. For any Alterations other than Permitted Alterations Landlord shall have the right to approve Tenant’s general contractor, provided that (i) such approval shall not be unreasonably withheld, and (ii) Landlord hereby approves the general contractors set forth on Exhibit D attached hereto. If Lessee performs any work on the roof of the Buildings (including without limitation installation and maintenance of any solar panels installed by Lessee), Lessee shall require its contractor to comply with the terms of the existing roof warranty. Tenant shall reimburse Landlord for Landlord's reasonable, actual, documented, out-of-pocket costs and expenses reasonably and actually incurred in connection with Landlord's review of any Alterations up to $5,000, and no other fees shall be payable to Landlord in connection with Alterations. Landlord pre-approves Tenant’s right to install as Alterations (i) a generator, and (ii) solar panels on the roof of the Buildings, subject to Tenant’s compliance with the terms of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Section 10 (including without limitation Landlord’s approval of Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord plans for any expenses incurred for replacement or servicing of the equipmentsuch work).
Appears in 1 contract
Sources: Lease Agreement (Instil Bio, Inc.)
Alterations. The Tenant(s(1) Tenant shall not make any ensure that the construction and installation of all improvements, alterations to remodel or decorate any portion renovations (the “Alterations”) are in conformance with the most recent version of the Rented Premisesfinal record drawings approved by Landlord and all specifications and requirements of this Lease relating to such Alterations. Landlord may, at any time, prepare and provide to Tenant a letter or notice of any observed defects, deficiencies or deviations between the Alterations constructed or installed and the most recent version of the final record drawings approved by the Landlord, or erect any specification or cause requirement of this Lease. Within thirty (30) days of Landlord’s notification, Tenant shall promptly correct or address the issue(s) or propose to Landlord a reasonable schedule for correcting or addressing the issue(s). The schedule shall be erected, any structure in, about, or upon subject to the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) Landlord which consent shall not be unreasonably withheld or delayed. If Tenant fails to correct or address undisputed issue(s) identified by Landlord within 20 days, Landlord shall have the right, but not the obligation to make any and all repairs, corrections, mitigation, replacements, renovation or changes Landlord deems appropriate (at any time paint its sole discretion) and Tenant shall promptly reimburse Landlord for all costs, fees and other expenses incurred in relation to such repairs, corrections, mitigation, replacements, renovations and changes and such amounts shall be due and payable as “Additional Rent” within thirty (30) days from Landlord’s issuance of written notice to ▇▇▇▇▇▇.
(2) During the Rented Premises in any dark colour Term, the Tenant may make such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises Alterations subject to the same condition mutual written approval of both Tenant and colours County. Where such Alterations necessitate or require the review and/or preparation of an environmental impact report, negative declaration or mitigation monitoring and reporting program or supplement to any existing document or report under the California Environmental Quality Act (as it was on the date of commencement of this Tenancy Agreementsolely determined by Landlord), reasonable wear then Tenant shall fully comply with such requirements and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry pay for all costs and expenses associated with or related to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) such compliance, including all litigation costs, expenses and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentattorneys’ fees related thereto.
Appears in 1 contract
Sources: Ground Lease
Alterations. The Tenant(s) 15.01. Tenant shall not make any alterations or additions to remodel or decorate any portion of the Rented Demised Premises, or erect make any holes or cause to be erectedcuts in the walls, any structure inceilings, aboutroofs or floors thereof, or upon change the Rented Premises, including but not limited to, installation architectural treatment of any walls, electrical outlets flooring or changes in or about the Rented Demised Premises without the Landlord's prior written consent, which consent shall not be unreasonably withheld; provided, however, the Tenant may make non-structural alterations or improvements to the Demised Premises consistent with the use of said Demised Premises for the Permitted Use by giving prior written notice to the Landlord. Tenant shall submit to Landlord plans and specifications for such work at the time notice is given to Landlord or at any time requested by Landlord. Further, Tenant shall be permitted to construct and run communication conduit, not in excess of 4" in diameter, subject to Landlord's prior written consent of detailed plans and specifications for any such conduit work and provided further such work does not in Landlord's sole judgment adversely affect the rights of other tenants or lawful occupants in the Building or adversely affect the rights and obligations of Landlord herein. Without respect to whether, in fact the alterations are constructed, Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord for (a) reviewing the plans and specifications; (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. With respect to any alteration, estimated to cost more than Ten Thousand ($10,000.00) Dollars, Tenant shall pay to Landlord, as an Additional Charge, within five (5) days after demand, fifteen (15%) percent of the cost of such alterations for indirect job costs, general conditions and coordination of the work. The Tenant(s) Notwithstanding the foregoing, such Additional Charge of 15% described in the previous sentence shall not at any time paint apply to Tenant's alterations performed on or about the Rented Premises in any dark colour such as black, brown, dark blue, purple, etcCommencement Date. Upon termination the completion of each alteration, Tenant shall deliver to the Landlord a certificate signed by an officer of Tenant, in form and substance reasonably satisfactory to Landlord, certifying the cost of the tenancyalteration. Before proceeding with any alterations, Tenant(s) will remove Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterations. Any review or approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's benefit, and decorating and restore the Rented Premises without any representation or warranty whatsoever to Tenant in respect to the same condition and colours as it was on the date of commencement of this Tenancy Agreementadequacy, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises correctness or cause efficiency thereof or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentotherwise.
Appears in 1 contract
Sources: Lease Agreement (Access Integrated Technologies Inc)
Alterations. The Tenant(s) Other than the Tenant Improvements, Tenant shall not make any structural alterations or improvements in or additions (“Alterations”) to remodel the Premises or decorate make any portion changes to locks on doors or add to, disturb or in any way change any of the Rented wiring or plumbing in the Premises or the Buildings, without first obtaining the written consent of Landlord, and, when appropriate, in accordance with plans and specifications approved by Landlord, which consent shall not be unreasonably withheld. All such Alterations shall be at the sole cost and expense of Tenant and shall be performed by contractors or mechanics approved by Landlord, which consent shall not be unreasonably withheld. All work with respect to any such Alterations shall be done in a good and workmanlike manner, shall be of a quality equal to or exceeding the then existing construction standards for the Buildings and must be of a type, and the floors and ceilings must be finished in a manner, customary for general office use and other uses common to similar office buildings in the vicinity. Such Alterations shall be diligently prosecuted to completion. All such Alterations shall be made strictly in accordance with all laws, regulations and ordinances relating thereto, and no interior improvements installed by Landlord in the Premises may be removed unless the same are promptly restored to a condition similar or better. Landlord hereby reserves the right to require any contractor or mechanic working the Premises to provide lien waivers and liability insurance covering such Alterations to the Premises. Tenant shall give Landlord ten (10) days’ written notice of the commencement of any Alterations and agrees to allow Landlord and its Lender to enter the Premises at reasonable times and post appropriate notices to avoid liability to contractors or material suppliers for payment for such Alterations. Notwithstanding anything contained herein to the contrary, Tenant may make any nonstructural interior Alterations that do not adversely affect the value of the Premises, the structural integrity of the Buildings or erect any Building system without Landlord’s consent. No Alterations shall adversely affect either the strength or cause exterior appearance, or the mechanical, electric or plumbing services of the Buildings. Tenant shall reimburse Landlord for any reasonable sums expended by Landlord for examination and approval of architectural or mechanical plans and specifications of the Alterations provided that Landlord shall not charge any examination fee in connection with the Tenant Improvements. Tenant shall also reimburse Landlord for reasonable direct costs incurred during any inspection of the Alterations. All damages or injury done to the Premises or Buildings by Tenant or by any persons who may be erected, any structure in, about, in or upon the Rented PremisesPremises or Buildings with the express or implied consent of Tenant, including but not limited to, installation to the cracking or breaking of any wallsglass of windows and doors, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations be paid for by Tenant and decorating and restore the Rented Premises Tenant shall pay for all damage to the same condition and colours as it was on the date Buildings caused by negligent acts or omissions of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises Tenant or cause or allow the locking system to be altered during the Tenant’s occupancy without officers, contractors, agents, invitees while in the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service samePremises, provided the malfunction is not due to the Tenant’s removal of or failure to replace the batterylicensees, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentemployees.
Appears in 1 contract
Sources: Lease Agreement (Blue Nile Inc)
Alterations. The Tenant(sNot to make any improvements, alterations or additions of any nature to the Premises or to their Conducting Media. Notwithstanding clause 3.8.1 you may with our consent (which will not be unreasonably withheld): make non-structural alterations to the interior of the Premises; erect a non-illuminated sign on the exterior of the Premises of a size and design approved by us displaying your name and business. If we provide consent pursuant to clause 3.8.2, you will before starting the works, if the works are substantial, provide security acceptable to us sufficient to cover the cost of reinstatement of the Premises on the expiry or determination of this lease (which for the avoidance of doubt includes any renewal thereof) shall if you do not reinstate the Premises to our reasonable satisfaction. You will (unless requested not to do so) reinstate all alterations and additions to the Premises [carried out during or at any time prior to the commencement of the Term] whether made pursuant to this lease or any preceding tenancy of the Premises by you at the end or sooner determination of the Term to our reasonable satisfaction. Not to: do or omit to do anything which adversely affects the efficiency of the use of energy or water, the Environmental Performance or sustainability characteristics of the Premises or the Estate, including the EPC and BREEAM ratings, or for the purposes of the CRC Scheme; make any alterations to remodel the Premises which would adversely affect the existing EPC rating for the Premises or decorate the Estate; make any portion alterations to the Premises which would require a new EPC to be obtained unless you have demonstrated to our reasonable satisfaction that such new EPC will show an asset rating that is not less than the EPC rating existing for the Premises or the Estate prior to such alterations being carried out; obtain or commission an EPC in respect of the Rented PremisesPremises as a result of the works carried out by you, unless we require you to do so for alterations or erect or cause under the Energy Performance Regulations. If you obtain an EPC, you shall promptly do so by (at our reasonable discretion), either obtaining an EPC from an assessor approved by us, such approval not to be erected, any structure in, about, unreasonably withheld or upon delayed or paying our reasonable and proper costs of obtaining an EPC for the Rented Premises, including but not limited to, installation . You shall promptly supply us with a copy of any walls, electrical outlets flooring EPC you or changes any undertenant obtains or commissions in or about the Rented Premises without the prior written consent respect of the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during Estate together with the Tenant’s occupancy without energy modelling calculation file and supporting drawings (also known as the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentNCT file).
Appears in 1 contract
Sources: Lease Agreement
Alterations. The Tenant(s) shall not make any alterations to remodel or decorate any portion After completion of the Rented PremisesTenant Work, or erect or cause to be erectedTenant may, at any structure intime during the Term, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without with the prior written consent of Landlord, make additions, alterations, changes, or improvements in or to the Landlord. The Tenant(s) Premises 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. 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; provided, however, Landlord may at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes, or improvements at the expiration or sooner termination of the Term, and to repair any damages to the Premises caused by such removal. Landlord hereby reserves the right at any time paint and from time to time during the Rented Premises in Term to make any dark colour such as blackadditions, brownalterations, dark bluechanges, purpleor improvements (including without limitation, etc. Upon termination of the tenancybuilding additional stories) on, Tenant(s) will remove any alterations and decorating and restore the Rented Premises in, or to the same condition building in which the Premises are contained, and colours as it was on reserves the date of commencement of this Tenancy Agreement, reasonable wear right to construct other buildings and tear excepted. Tenant(s) shall not alter improvements in the locking system on a door giving entry Shopping Center from time to the Rented Premises or cause or allow the locking system to be altered time and at any time during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) Term, and CO2 detectors (collectively termed “Detectors”) to make alterations thereto and maintenance information to build additional stories on any such buildings and agrees to immediately notify the Landlord in writing of any damage build adjoining same and to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentconstruct multi-level parking facilities.
Appears in 1 contract
Sources: Lease Agreement
Alterations. The Tenant(s) Lessee shall not make any alterations to remodel or decorate any portion of the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of ▇▇▇▇▇▇, said consent not to be unreasonably withheld or delayed. All alterations, additions, fixtures, improvements, and partitions erected by ▇▇▇▇▇▇ shall be and remain the Landlordproperty of lessee during the term of this Lease and shall become the property of Lessor as of the date of termination of this Lease, or upon earlier vacating of the Premises, and title shall pass to Lessor under this Lease as by a bill of sale. The Tenant(s) Provided Lessee is not in default or otherwise indebted to Lessor, all movable office furniture, shelves, bins, equipment and trade fixtures installed by Lessee may be removed by the Lessee prior to the termination of this Lease, if the Lessee so elects, and shall not at any time paint be removed by the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon date of termination of the tenancyLease or upon earlier vacating of the Premises if required by Lessor. For purposes of this Paragraph, Tenant(sthe term "equipment and trade fixtures" shall not include HVAC, electrical, or plumbing components (including, but not limited to, air conditioning systems or electrical transformers, panels and transfer switches) will remove or any alterations and decorating and other similar items, which would generally be installed in or affixed permanently to the Premises or Building. Upon any such removal Lessee shall restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreementits original condition, reasonable ordinary wear and tear excepted. Tenant(s) All such removals and restorations shall be accomplished in a good ▇▇▇▇▇▇▇ like manner so as not alter to damage the locking system on a door giving entry to the Rented Premises primary structure, roof or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent structural qualities of the Landlordbuilding and other improvements within which the Premises are situated. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(sIn no event shall Lessor be required to (i) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify compensate Lessee for alterations, additions, improvements or partitions erected by Lessee on or within the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the batteryPremises, or tampering (ii) compensate Lessee for shelves, bins, equipment and trade fixtures installed by Lessee on or adjustments made within the Premises and which are not removed by Lessee at Lease termination or removal early vacation or the Premises by Lessee. Prior to commencing any work or installing any equipment in excess of Detectors by [***] in, on or about the Tenant(s) Premises, Building or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipment.Property, Lessee shall:
Appears in 1 contract
Alterations. The Tenant(sTo the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs.
9.02 Landlord shall keep and maintain in good repair and working order and perform maintenance upon the:
(a) structural elements of the Building (including foundation); (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building in general; (c) Common Areas; (d) roof of the Building; (e) exterior doors and windows of the Building; and (f) elevators serving the Building. Landlord shall promptly make repairs for which Landlord is responsible.
9.03 Tenant shall not make alterations, repairs, additions or improvements or install any alterations Cable (collectively referred to remodel or decorate any portion of as "ALTERATIONS") without first obtaining the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. However, Landlord's consent shall not be required for any Alteration that satisfies all of the following criteria (a "COSMETIC ALTERATION"): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or Building; (c) will not affect the Base Building; and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. Prior to starting work, Tenant shall furnish Landlord with plans and specifications; names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building); required permits and approvals; evidence of contractor's and subcontractor's insurance in amounts reasonably required by Landlord and naming Landlord as an additional insured; and any security for performance in amounts reasonably required by Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises Changes to the same condition plans and colours as it was on the date specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the quality reasonably approved by Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) Tenant shall reimburse the Landlord for any expenses incurred sums paid by Landlord for replacement or servicing third party examination of Tenant's plans for non-Cosmetic Alterations. In addition, Tenant shall pay Landlord a fee for Landlord's oversight and coordination of any non-Cosmetic Alterations equal to 10% of the equipmentcost of the Alterations. Upon completion, Tenant shall furnish "as-built" plans for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord's approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law.
Appears in 1 contract
Alterations. The Tenant(s) After the completion of the initial Tenant Improvements (if any), Tenant shall not make any alterations alterations, additions, substitutions or improvements (“Alterations”) in or to remodel or decorate any portion of the Rented Premises, or erect make changes to locks on doors, or cause add, disturb or in any way change any plumbing or wiring (“Changes”) without first obtaining the written consent of Landlord, 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 expiration or 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 wear and tear. Any Alterations or Changes, but excluding Tenant Improvements, approved by Landlord and not required to be erectedremoved upon the expiration 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. Any Alterations or Changes required to be made to Tenant’s Premises by any amendment to any applicable building, health, safety, fire, nondiscrimination, or similar law or regulation (“law”), or any structure innew law shall be made at Tenant's sole expense and shall be subject to the prior written consent of Landlord. Except with respect to the initial Tenant Improvements, about, Tenant shall reimburse Landlord for any reasonable sums expended for examination and 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 the Premises or Building by Tenant or by any persons who may be in or upon the Rented PremisesPremises or Building with the express or implied consent of Tenant, including but not limited to, installation to the cracking or breaking of any wallsglass of windows and doors, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the paid for by Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipment.
Appears in 1 contract
Sources: Lease Agreement
Alterations. The Tenant(s(a) Following the completion of the Tenant Improvements, Tenant will not make or allow any additions, alterations, installations, or improvements in or to the Premises (collectively, the "Alterations") without the prior written consent of Landlord, which consent shall not make be unreasonably withheld or delayed. The foregoing notwithstanding, Tenant shall be permitted to install non-structural Alterations that do not cost in excess of Twenty-Five Thousand Dollars ($25,000.00) annually, do not adversely affect Building Systems or any alterations to remodel or decorate any structural portion of the Rented Building, and that do not involve the introduction of any Hazardous Material onto the Premises, or erect or cause provided Tenant notifies Landlord at least ten (10) days prior to the commencement of construction thereof and such notice sets forth in reasonable detail the Alterations to be erectedconstructed. Such consent may be conditioned on Landlord's receipt and approval of a set of plans and specifications for the Alterations no later than fifteen (15) business days prior to the scheduled construction of the Alterations as well as the use by Tenant of a contractor or contractors reasonably approved by Landlord. Landlord shall have the right to seek reimbursement from Tenant for any actual and reasonable costs incurred by Landlord in the review of such plans. The installation of furnishings, any structure infixtures, aboutequipment, or decorative improvements that do not affect Building Systems or the structure of the Premises, shall not constitute Alterations. All Alterations and any furnishings, fixtures, equipment, or decorative improvements remaining on the Premises after the termination or earlier expiration of this Lease shall immediately become Landlord's property and shall remain on the Premises without compensation to Tenant. At the time of Landlord's initial approval of Alterations, Landlord shall notify Tenant whether Tenant shall be required to remove such Alteration at the end of the Lease Term. For all such Alterations so identified by Landlord as requiring removal, Tenant shall cause such removal and/or restoration to be done at Tenant's sole cost and expense and Tenant shall restore the portions of the Premises subject to such removal to the condition of as of the Commencement Date of this Lease, reasonable wear and tear excepted. If Tenant fails to cause such removal and/or restoration to the identified Alterations, or other furnishings, fixtures, equipment or decorative improvement to be removed by Tenant upon the Rented termination or earlier expiration of this Lease, such failure shall be deemed a holdover under Section 13(b) of this Lease. In addition to any other damages owing Landlord under this Section, Tenant shall owe Holdover Rent (as hereinafter defined) for each and every day of such failure. All improvements, additions, alterations, and repairs and the removal and restoration thereof, as the same may be required under this Lease, shall be performed in accordance with all applicable laws and at Tenant's sole expense. Tenant will indemnify and defend Landlord for all liens, claims, or damages caused by remodeling, improvements, additions, Alterations, and repairs and the removal and restoration thereof, if required under this Lease. Upon Landlord's request, Tenant shall provide Landlord with as-built plans for any Alteration installed by Tenant.
(b) Before any contract or subcontract is let or other agreement executed for the performance of any service, or the furnishing of any materials, the total cost of which exceeds One Hundred Thousand Dollars ($100,000.00), and before any work of any kind or nature is commenced on the construction of Alterations for which Landlord's consent is required, upon Landlord's request, Tenant shall procure and deliver to Landlord a completion bond and a payment bond, both in form and substance reasonably satisfactory to Landlord, issued by reputable surety corporations or bonding corporations qualified to do business in California, guaranteeing or otherwise assuring Landlord that the construction of the Alterations will proceed to completion with due diligence, that the reconstruction, when completed, will be fully paid for, and that the Premises will remain free of all mechanics', laborers' or materialmen's liens or claimed liens on account of any services or materials furnished or labor or work performed in connection with the construction of the Alterations.
(c) At least ten (10) days before any construction commences or materials are delivered for any Alterations that Tenant is making to the Premises, whether or not Landlord's consent is required, Tenant shall give written notice to Landlord as to when the construction is to commence or the materials are to be delivered. Landlord shall then have the right to post and maintain on the Premises any notices that are required to protect Landlord and Landlord's interest in the Premises from any liens for work and labor performed or materials furnished in making the alterations. It shall be Tenant's duty to keep the Premises free and clear of all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Premises by or on behalf of Tenant. In the event that Tenant fails to provide Landlord with the notice required by this Section 11(c), Landlord shall have the right to cause the cessation of such construction and shall have the further right to file notices of cessation and/or completion, so as to allow the Premises to be protected from mechanics' liens.
(d) Tenant will not at any time permit any mechanics', laborers', or materialmen's liens to stand against the Premises for any labor or material furnished to Tenant or claimed to hive been furnished to Tenant or to Tenant's agents, contractors, or subtenants, in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction or sufferance of Tenant. Tenant shall have the right to contest the validity or amount of any lien or claimed lien, upon giving to Landlord a bond assuring that the lien or claimed lien will be paid, when and to the extent that the lien is finally determined to be valid and owing. On final determination of the lien or claim of lien, Tenant will immediately pay any final judgment rendered, with all property costs and charges, and shall have the lien released or judgment satisfied at Tenant's sole expense. If, within ten (10) days of the filing of any such lien, Tenant fails to pay or provide to Landlord a bond assuring that the lien or claimed lien will be paid, Landlord shall have the right, upon five (5) days' written notice to Tenant, to pay or bond over such lien, and take such actions as are necessary to have the lien released and prevent a judgment against the Premises or Property, and the amount paid by Landlord shall be immediately due and payable to Landlord, and shall bear interest at the lesser of ten percent (10%) per annum or the highest rate allowed by law from the date of payment by Landlord until repayment by Tenant.
(e) Landlord acknowledges Tenant's intent to install an emergency generator on the Property which installation shall be permitted, at Tenant's sole cost and expense, subject to Tenant's compliance with all of the foregoing requirements of the Section 11, including but not limited to, installation Landlord's approval of any wallsTenant's proposed installation, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent ongoing maintenance and closure plans (which must include reference to adequate sound, release, exhaust and safety containment of exhaust and fueling components), Landlord's approval of the Landlordmake and model of the equipment to be installed and of the installation contractor, and compliance with all applicable laws, orders, approvals and regulations which may be applicable to such generator on the Property. The Tenant(s) Landlord shall be provided with copies of all required applications and filings required for such generator, including without limitation the Hazardous Material Response Plans and Business Plans required by local public safety agencies. Tenant shall not install any underground storage tanks associated with such generator. Tenant shall be responsible, at Tenant's cost, for any time paint additional improvements or utility installations which may be required by any applicable governmental agency which result from the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination installation and operation of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was generator on the date of commencement of this Tenancy Agreement, reasonable wear and tear exceptedProperty. Tenant(s) shall not alter Landlord may require the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure such generator in the event its operation creates an unreasonable nuisance to replace the battery, or tampering or adjustments made or removal other Tenants of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentCentral Research Park.
Appears in 1 contract
Sources: Office / R&d Lease (Cacheflow Inc)
Alterations. The Tenant(s) No alterations, improvements or additions in or to the Premises may be made without Landlord's prior written consent, which shall not make be unreasonably withheld or delayed; provided, however, that Landlord may withhold its consent, in its sole discretion, to any alterations to remodel alteration or decorate any portion addition that would affect the Building's historic tax credits, structure or appearance, or the Building's HVAC, plumbing, electrical, mechanical or life safety systems or that would be visible from outside of the Rented Premises. Without limiting the foregoing, Landlord shall have the right designate and approve, prior to installation, all types of signs, window shades, blinds, drapes, awnings, window ventilators and other similar equipment, and to control all internal lighting and signs that may be visible from the exterior of the Building. All alterations, additions, or erect improvements (whether temporary or cause permanent in character, and including all air-conditioning equipment and all other equipment that is in any manner connected to be erected, any structure in, about, the Building's plumbing system) made in or upon the Rented Premises, including but not limited toeither by Landlord or Tenant, installation of any walls, electrical outlets flooring shall be Landlord's property once installed or changes in or about affixed to the Rented Premises without and shall remain on the prior written consent Premises at the end of the LandlordTerm (unless Landlord requires removal of same) without compensation to Tenant. The Tenant(s) All work performed by Tenant shall not be subject to the provisions of Section 12 of this Lease and shall be performed at any time paint Tenant’s sole cost. Notwithstanding the Rented foregoing, Tenant shall have the right to install signage on the third floor windows in the Premises in any dark colour such and the Premises doors. Tenant shall be included as black, brown, dark blue, purple, etc. Upon termination part of the tenancy, Tenant(s) ground floor building directory and Landlord will remove any alterations and decorating and restore the Rented Premises provide directional signage to the same condition and colours as it was on Premises off the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests3rd floor elevator. All Detectors signage must always conform with NPS and SHPO historic restoration guidelines and all applicable state, county and municipal codes, rules and regulations and subject to Landlord’s prior reasonable approval. Tenant shall be operational. Tenant(s) shall reimburse responsible for all cost and expenses associated with licensing, permitting, creating, installing, maintaining and removing the Landlord for any expenses incurred for replacement or servicing of the equipmentsignage outlined in this Section 10.
Appears in 1 contract
Sources: Lease Agreement
Alterations. The Tenant(s) Other than the Equipment along with related appurtenances as shown, configured, and inventoried on Exhibit D hereto, Lessee shall not make any alterations alterations, additions, or improvements to remodel the Premises and the Lease Area (“Alterations”) without the District’s prior written consent, which consent District may withhold in its sole and absolute discretion; provided, however, that Lessee may, without District’s prior written consent, but upon not less than fifteen (15) days’ prior written notice to District, perform like-kind replacements of Lessee’s ground-based equipment within the interior of any shelters on the Premises. In addition, and provided that Lessee shall have delivered to District plans and specifications therefor and, if requested by District, evidence reasonably satisfactory to District that said replacements are of a like-kind, the District’s consent to any like-kind replacements of antennae on the Reservoir shall not be unreasonably withheld. Any approval by District of any increase in the number, type, or decorate any size of arrays or antennae, the addition or relocation of cables or other Equipment, or increase in the portion of the Rented PremisesProperty used shall be conditioned by District on an increase in Base Rent in an amount determined by District. Lessee shall complete all approved Alterations at Lessee’s expense in compliance with all applicable laws and in accordance with plans and specifications approved in advance in writing by the District, or erect or cause using contractors who are bonded, insured, licensed in the state of Washington, and approved in advance in writing by District, in a manner so as to be erected, any structure in, about, or upon not unreasonably interfere with other tenants and in conformance with the Rented Premises, including but requirements of this Agreement. Lessee shall not limited to, commence installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(sAlterations until five (5) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on days after giving District notice stating the date of commencement installation. Lessee shall own and be responsible for all Alterations. The Lessee shall remove all Alterations at the end of this Tenancy Agreementthe Lease Term unless the District requires the Lessee to leave specified Alterations at the Premises, reasonable wear and tear excepted. Tenant(s) in which case the Lessee shall not alter remove such Alterations, and the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately District shall notify the Landlord Lessee in writing of the required Alterations to remain as soon as reasonably possible after the notice of termination. Lessee shall immediately repair any damage to or malfunction of any Detectors supplied the Premises caused by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentAlterations.
Appears in 1 contract
Alterations. The Tenant(s) shall Tenant will not make any alterations to remodel alterations, additions or decorate any portion of the Rented Premisesimprovements (including, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any wallsstructural alterations, electrical outlets flooring additions or changes improvements) in or about the Rented Premises Premises, without Landlord's prior written consent, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Tenant may without Landlord's prior written consent but upon prior written notice to Landlord, expend up to $25,000.00 per calendar year during the Term, to perform alterations, improvements or additions involving only design or decorative changes which do not affect the mechanical, electrical or structural elements of the Building or the Premises. Landlord shall give its approval or disapproval (stating the reasons therefor) to the foregoing within fifteen (15) business days of Tenant's request therefor, which request shall be accompanied by reasonable detail relating to the proposed alterations, improvements or additions, unless Landlord cannot, with due diligence, make a final determination as to Tenant's request within said fifteen (15) business day period, in which event Landlord shall have thirty (30) business days within which to respond. Landlord's failure to give notice within the applicable period as provided above shall constitute approval. The Tenant(s) In no event shall Landlord's failure to respond be deemed approval with respect to any alterations affecting the structure of the Building or imposing any greater burden on or use of the Building's systems than as of the Commencement Date. If Landlord consents to said alterations, improvements or additions, it may impose such conditions with respect thereto as Landlord reasonably deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, and plans and specifications plus permits necessary for such work. Tenant will not do anything to or on the Premises which will increase the rate of fire or other insurance on the Property. All alterations, additions or improvements of a permanent nature made or installed by Tenant to the Premises shall become the property of Landlord at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon expiration or earlier termination of this Lease. Landlord reserves the tenancyright to require Tenant, Tenant(s) will at Tenant's sole cost and expense, to remove any alterations improvements or additions made to the Premises by Tenant and decorating to repair and restore the Rented Premises to the same their condition and colours as it was on the date of commencement of this Tenancy Agreementprior to such alteration, addition or improvement, reasonable wear and tear tear, unrepaired casualty (or by Tenant's contractors, subcontractors, customers, employees, licensees, agents or invitees permitted or invited [whether by express or implied invitation]) and condemnation excepted. Tenant(s) shall not alter , such right may be exercised only if Landlord has specified in writing at the locking system on a door giving entry time of Tenant's request to make such alteration, addition or improvement, that such item must be removed by Tenant at the Rented Premises expiration or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent earlier termination of the Term. Landlord shall have the right to assess an administrative fee and a legal processing fee to cover any costs directly related to Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt 's review of smoke alarm(s) and CO2 detectors materials for any proposed Tenant alteration, addition or improvement (collectively termed “Detectors”) and maintenance information and agrees to immediately notify other than in connection with the Landlord initial work completed in writing of any damage to or malfunction of any Detectors supplied by the Landlord Original Premises and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentAdditional 30th Floor Premises).
Appears in 1 contract
Alterations. The Tenant(s) shall Tenant must not alter or install any paneling, flooring, partitions, or railings, or make any alterations to remodel other alterations. Tenant may not paint. Tenant must not alter the plumbing, ventilation, air conditioning, heating, or decorate electric systems, or any portion other part of the Rented Premisesbuilding whatsoever. Any alterations illegally made will be fully chargeable to the Tenant, or erect or cause and will be required to be erected, brought back to original condition at Tenant’s sole expense. Tenant may not alter water supply lines for any structure in, about, purpose. Tenant may not install additional appliances or upon the Rented Premisesfixtures, including but not limited to, installation of any wallswater faucets, electrical outlets flooring showerheads, bidets, water filters or changes in purification systems, whirlpool jets, or about the Rented portable dishwashers. Tenant agrees that all water use within Leased Premises without the prior written consent of the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as blackis contained within bathtubs, brownsinks, dark blue, purpletoilets, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises that further measures to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system protect against water damage are taken on a door giving entry to daily basis, including but not limited to, the Rented Premises shower curtain remaining inside the bathtub/shower while in use, proper use of bath mat or cause or allow other absorbent materials outside the locking system to be altered during the Tenant’s occupancy without the prior written consent shower/bathtub, and consistent use of the Landlordbathroom exhaust fans. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing cost of any damage repairs that result due to a disregard of these terms will be the responsibility of ▇▇▇▇▇▇. Tenant must use only thumb tacks or malfunction push pins to hang posters and only picture frame hangers to hang pictures. TENANT MAY NOT USE ANY LARGE OR LONG NAILS OR SCREWS. There are many mechanical utilities in the walls that should not be damaged. Tenant may not use sticky adhesives including adhesive hooks to hang anything on walls or doors. Wall decals of any Detectors supplied by the Landlord and the Landlord agrees to service samekind are also prohibited. Under NO circumstances may any furniture, provided the malfunction is not due to the Tenant’s removal of or failure to replace the batteryappliances, or tampering or adjustments made or removal fixtures provided by College Town Communities leave the leased apartment, even for a short period of Detectors by the Tenant(s) or his gueststime. All Detectors must always furniture, appliances, and fixtures MUST remain in place inside ▇▇▇▇▇▇’s apartment. If ▇▇▇▇▇▇’s apartment is furnished, no personal furniture can be operational. Tenant(s) shall reimburse moved into the Landlord for any expenses incurred for replacement or servicing of the equipmentunit without express written approval by Landlord.
Appears in 1 contract
Sources: Residential Lease
Alterations. The Tenant(sAny alterations or additions (“Work”) made to the Leased Premises by Tenant shall become the property of Landlord, at the termination of this Lease, and Tenant shall have no right of reimbursement therefore. Prior to any such alterations or additions (“Work”) to the Leased Premises by Tenant, Tenant shall provide information, in writing, to Landlord on the scope of work to be done. Landlord must approve, in writing, all such Work to the Leased Premises prior to inception of Work, either demolition or construction, by Tenant. Any alterations or additions (“Work”) made by Tenant to the Leased Premises shall be performed in a good and workmanlike manner, in compliance with all governmental requirements and permits, and without unreasonable interference with the other tenants or the transaction of business in the Facility. Tenant shall make no alterations or additions to the Leased Premises to cause any unreasonable increase in the insurance rate on the Leased Premises. Tenant shall use only licensed contractors, professionals and subcontractors, licensed properly to do business in Louisiana, for any such Work. Tenant warrants that all such contractors, subcontractors, professionals and suppliers shall be paid in a timely manner. Tenant shall secure insurance coverage in the limits and types specified in Exhibit “D” (Exhibit “D-1” – Insurance Requirements) and shall provide a Certificate of Insurance to Landlord (attached as Exhibit “D-2”) evidencing such coverage prior to commencement of any Work to the Leased Premises. Tenant shall indemnify, defend, and hold Landlord and Owner harmless from all claims, liabilities, obligations and expenses, including attorneys’ fees, expert fees and costs arising from or in any way connected with Tenant’s Work, except to the extent caused by Landlord or Owner’s gross negligence or willful misconduct. Upon expiration or termination of this Lease Agreement Tenant shall promptly remove any personal property (movables) belonging to Tenant and any movables not make any alterations deemed component parts pursuant to remodel Louisiana Civil Code art. 466. Tenant shall repair or decorate any portion replace, in a like condition, the Leased Premises on or before the expiration of the Rented Premisesthis Lease, or erect any extension or cause to be erectedrenewal thereof, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, less reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentfrom casualty.
Appears in 1 contract
Sources: Lease Agreement
Alterations. The Tenant(s) After initially opening the Premises for business, Tenant shall not make any alterations to remodel or decorate any portion of the Rented Premises, or erect or cause to be erectedmade to the Premises or the Tenant Utility Facilities any addition, any structure inrenovation, aboutalteration, reconstruction or change (collectively, “Alterations”) (i) costing in excess of Ten Thousand Dollars ($10,000.00), (ii) affecting the exterior storefront, fire sprinkler systems, exterior walls, floor slab, or roof of the Premises, (iii) requiring or resulting in any penetration of the roof, demising walls or floor slab of the Premises, or (iv) involving structural changes or additions, without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. Tenant shall provide Landlord with not less than ten (10) days prior written notice of the commencement of any Alterations in the Premises and Landlord shall have the right to enter upon the Rented PremisesPremises to post customary notices of non- responsibility with respect thereto. Subject to Section 20.6, including all improvements to the Premises by Tenant including, but not limited to, light fixtures, floor coverings and partitions and other items comprising Tenant’s Work pursuant to Exhibit C, but excluding trade fixtures and signs, shall be deemed to be the property of Landlord upon installation thereof. Within thirty (30) days after the completion of any wallsAlterations, electrical outlets flooring Tenant shall deliver to Landlord a set of “as built” plans depicting the Alterations as actually constructed or changes installed. If Tenant shall make any permitted Alterations, Tenant shall carry “Special Form Causes of Loss” or “Builder’s All Risk” insurance in an amount reasonably determined by Landlord covering the construction of such Alterations and such other insurance as Landlord may reasonably require. Any Alterations to the Premises or about the Rented Tenant Utility Systems which are required by reason of any present or future law, ordinance, rule, regulation or order of any governmental authority having jurisdiction over the Premises without or the prior written consent Project or of any insurance company insuring the Premises, and regardless of whether or not such Alteration pertains to the nature, construction or structure of the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises or to the same condition and colours as it was on use made thereof by Tenant, shall be at the date sole cost of commencement Tenant regardless of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter whether the locking system on a door giving entry to the Rented Premises work is performed by Landlord or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipment.
Appears in 1 contract
Alterations. The Tenant(s) 10.1 Tenant shall not make any alterations alterations, additions or improvements in or to remodel the Premises or decorate any portion part thereof, or attach any fixtures or equipment thereto, without Landlord's prior written consent. 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 twenty-five thousand dollars ($25,000) or less and such alterations, additions or improvements will not affect in any way the structural, exterior or roof elements of the Rented Premises or the mechanical, electrical, plumbing or life safety systems of the Premises, but Tenant shall give prior written notice of any such alterations, additions or erect improvements to Landlord. All alterations, additions and improvements in or cause to the Premises to which Landlord consents shall be made by Tenant at Tenant's sole cost and expense as follows:
(a) Tenant shall submit to Landlord, for Landlord's written approval, complete plans and specifications for all work to be erecteddone by Tena▇▇. ▇▇ch plans and specifications shall be prepared by responsible licensed architect(s) and engineer(s) approved in 18 writing by Landlord, shall comply with all applicable codes, laws, ordinances, rules and regulations, shall not adversely affect any structure insystems, aboutcomponents or 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. Tenant shall notify Landlord in writing of the licenses architect(s) and engineer(s) whom Tena▇▇ ▇▇▇poses to engage to prepare such plans and specifications. Landlord shall notify Tenant in writing, within ten (10) days after receipt of Tena▇▇'▇ ▇otice, whether Landlord approves or disapproves such architect(s) and engineer(s).
(b) Landlord shall notify Tenant promptly in writing 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 Tenant's 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, through Tenant's licensed contractor(s), perform all work in accordance with the plans and specifications approved by Landlord. Tenant shall pay for 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 and improvements. Tenant shall engage responsible licensed contractor(s) approved in writing by Landlord to perform all work. Tenant shall notify Landlord in writing of the licensed contractor(s) whom Tena▇▇ ▇▇▇poses to engage for the work. Landlord shall notify Tenant promptly in writing whether Landlord approves or disapproves such contractor(s). Tenant shall pay to Landlord any additional direct costs (beyond the normal services provided to Tenant) and shall reimburse Landlord for all reasonable expenses incurred by Landlord in connection with the review, approval and supervision of any alterations, additions or improvements made by Tena▇▇. ▇▇der no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expenses incurred by Tenant on account of Tena▇▇'▇ ▇lans and specifications, Tena▇▇'▇ ▇ontractors or subcontractors, design of any work, construction of any work, or delay in completion of any work.
(e) Tenant shall give written notice to Landlord of the date on which construction of any work will be commenced at least five (5) days prior to such date. Tenant shall cause all work to be performed by the licensed contractor(s) approved in writing by Landlord in accordance with the plans and specifications approved writing by Landlord and in 19 full compliance with all applicable codes, laws, ordinances, rules and regulations, including the Americans with Disabilities Act and similar laws. Tenant shall keep the Premises free from mechanics', materialmen's and other liens arising out of any work performed, labor supplied, materials furnished or other obligations incurred by Tena▇▇. ▇▇nant shall promptly and fully pay and discharge all claims on which any such lien could be based. Tenant shall have the right to contest the amount or validity of any such lien, provided Tena▇▇ ▇▇▇es prior written notice of such contest to Landlord, prosecutes such contest by appropriate proceedings in good faith and with diligence, and, upon request by Land▇▇▇▇, ▇▇rnishes such bond as may be required by law to protect the Rented Premises from such lien. 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, 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.
(f) While Land▇▇▇▇ ▇▇▇ the right to approve Tenant's alterations, additions or improvements, Land▇▇▇▇'▇ ▇ole interest in doing so is to protect the Building and Landlord's interests. Accordingly, Tenant shall not rely upon Landlord's approvals and Landlord shall not be the guarantor of, nor responsible for, the correctness or accuracy of any such alterations, additions or improvements or the compliance thereof with applicable laws, and Landlord shall incur no liability of any kind by reason of granting such approvals.
10.2 All Alterations, additions, trade fixtures and improvements, which are permanent in character, made in or to the Premises by Landlord or Tenant, shall become part of the Building or parking garage as the case may be, and Land▇▇▇▇'▇ ▇roperty. Landlord shall have the right, at Landlord's option, by giving written notice to Tenant at the time Tenant installs any such items, (i) to retain all such alterations, additions, fixtures and improvements in the Premises, including but not limited towithout compensation to Tenant, installation or (ii) to require that Tenant remove all such alterations, additions, fixtures and improvements from the Premises upon termination of this Lease, at Tenant's sole expense, repair all damage caused by any wallssuch removal, electrical outlets flooring or changes and restore the Premises to the condition in or about which the Rented Premises without existed before such alterations, additions, fixtures and improvements were made. All movable furniture, equipment, trade fixtures, computers, office machines and other personal property shall remain the prior written consent property of the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etcTenant. Upon termination of this Lease, Tenant shall, at Tenant's expense, remove all such movable furniture, equipment, trade fixtures, computers, office machines and other personal property from the tenancyPremises and repair all damage caused by any such removal. Termination of this Lease shall not affect the obligations of Tenant pursuant to this section 10.2 to be performed after such termination.
10.3 Tenant shall pay Landlord a construction management fee equal to Landlord's actual cost not to exceed two percent (2%) of the hard construction costs in connection with any alterations, Tenant(s) will remove any alterations and decorating and restore the Rented Premises additions or improvements made to the same condition Premises other than the initial Tenant Improvements and colours as it was on the date of commencement of this Tenancy Agreementany alterations, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises additions or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written improvements for which Landlord's consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentrequired as provided in section 10.1.
Appears in 1 contract
Alterations. The Tenant(sa. Tenant may make alterations, additions or improvements to the Premises without Landlord's consent only if (i) shall 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 make any alterations to remodel reduce the fair market value or decorate any portion utility of the Rented Premises, considered as unencumbered by this Lease, and (iii) such alterations, additions or erect improvements will not modify in any way the structural, exterior or cause roof elements of the Premises or mechanical, electrical, plumbing, utility or life safety systems (as opposed to be erected, any structure in, about, or upon components of a system) of the Rented Premises, including but not limited to, installation Tenant shall give prior notice of any wallssuch alterations, electrical outlets flooring additions or changes in or about the Rented Premises without the improvements to Landlord. In all other cases, Landlord's prior written consent shall be required, which approval shall not be withheld, delayed or conditioned if (a) the work to be done would not, in Landlord's reasonable judgment, adversely affect the value, character, rentability or usefulness of the Premises or any part thereof. In no event shall Tenant be permitted to install underground storage tanks or fuel systems on the Premises.
b. All alterations, additions or improvements requiring Landlord's consent shall be made at Tenant's sole cost and expense as follows:
i. Tenant shall submit to Landlord, for Landlord's 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) approved by Landlord, shall comply with all applicable codes, 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.
ii. Landlord shall notify Tenant within thirty (30) days whether Landlord approves or disapproves such plans and specifications. Tenant may submit to Landlord revised plans and specifications for Landlord's prior 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 the Premises or any part thereof, or (b) the work to be done shall be required by any Law (hereinafter defined). Tenant shall pay all costs, including the fees and expenses of the licensed architect(s) and engineer(s), in preparing such plans and specifications. If Landlord does not respond within such thirty (30) day period, Tenant may send Landlord a second notice, prominently stating that failure to respond within ten (10) days shall result in the deemed approval of the plans and specifications delivered to Landlord as to which no response was made for more than thirty (30) days. If Landlord fails to respond within such ten (10) day period, such plans and specifications shall be deemed approved by Landlord.
iii. All changes (other than field changes for which no change order is prepared, 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, which shall not be unreasonably withheld, delayed or conditioned. If Tenant wishes to make such change in 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. 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. The Tenant(sTenant shall pay 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 notice to Landlord of the date on which construction of any work to be done by outside contractors will be commenced at least ten (10) days prior to such date. 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.
vi. All alterations, additions, fixtures and improvements, whether temporary or permanent in character, made in or to the Premises by Tenant, shall become part of the Premises and Landlord's property, except those which are readily removable without causing material damage to the Premises (which shall be and remain the property of Tenant). Upon termination or expiration of this Lease, Tenant shall, at Tenant's expense, remove all movable furniture, equipment, trade fixtures, office machines and other personal property (including Tenant's Trade Fixtures) from the Premises and repair all damage caused by such removal. Termination of this Lease shall not affect the obligations of Tenant pursuant to this paragraph 22(b) to be performed after such termination.
vii. Notwithstanding the foregoing paragraphs, if at any time paint during the Rented Term of this Lease, Tenant wishes to make alterations, modifications, expansions or improvements to the Premises which are not required to be made by the terms of this Lease, and the cost thereof exceeds five hundred thousand dollars ($500,000), Landlord agrees, subject to the further conditions of this subparagraph (vii), upon ninety (90) days advance notice including detailed plans of such alteration, modification, expansion or improvement, to reimburse the cost thereof promptly upon completion of construction thereof. Landlord shall cooperate in Tenant's efforts to obtain any dark colour easements, permits or licenses required for such alterations, modifications, expansions or improvements. Any alterations, modifications, expansions or improvements funded by Landlord shall be the property of Landlord and shall be fully subject to the terms of this Lease. In all events, Fixed Rent hereunder (including escalations thereof as black, brown, dark blue, purple, etc. Upon termination provided in the Basic Lease Information) shall be increased by an amount at least sufficient to amortize the entire amount expended by Landlord in connection therewith over the then remaining Term of this Lease at an interest rate equal to the rate that Landlord could obtain on a hypothetical loan from an institutional investor for an unsecured loan of the tenancysame amount and maturity. Landlord's failure to fund the cost of any such acquisition and/or expansion shall not constitute a default by Landlord hereunder and shall not give Tenant any right to abat▇ ▇▇▇t or to terminate this Lease. Tenant shall have the right, Tenant(s) will remove in its sole discretion, to finance the cost of any alterations and decorating and restore the Rented Premises to the same condition and colours as it was alterations, modifications, expansions or improvements on the date Land out of commencement its own cash flow (in which case there will be no increase in Fixed Rent due to such investment), provided no mortgage or other encumbrance is placed on Landlord's or Tenant's interest therein and provided that Landlord's ownership of such assets and the subjection of such assets to this Tenancy AgreementLease is confirmed in a manner reasonably satisfactory to Landlord, reasonable wear in a way that preserves Tenant's right to amortize its investment as a leasehold improvement.
viii. Landlord agrees that Tenant may, at its sole cost and tear excepted. Tenant(s) shall not alter expense, install, maintain and replace on the locking system on roof or parapet of the Improvements (at a door giving entry to the Rented Premises or cause or allow the locking system location to be altered during approved by Landlord, such approval not to be unreasonably withheld, delayed or conditioned) a microwave satellite dish, aerials and other electronic transmission and receiving equipment for use in connection with Tenant's business at the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) Premises (and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentother purpose).
Appears in 1 contract
Sources: Lease Agreement (Holmes Group Inc)
Alterations. The Tenant(s(a) Except as required or permitted by the provisions of this Section 10, Head Lessee shall not make modify or alter any alterations to remodel or decorate any portion Head Lessor Compressor without the prior written approval of the Rented PremisesHead Lessor and the Control Party.
(b) In case any Head Lessor Compressor (or any part or component thereof) is required to be altered, added to, replaced or erect modified in order to comply with any insurance policies required pursuant to this Head Lease or Applicable Law (any such alteration, additional replacement or modification, a "Required Alteration"), Head Lessee agrees to promptly make (or cause to be erectedmade) such Required Alteration at its own expense. Thereupon, title to such Required Alteration shall, without further act, immediately become the property of Head Lessor, free and clear of all Liens, other than Head Lessor Liens and Permitted Encumbrances and such Required Alteration shall immediately become subject to the terms and conditions of this Head Lease and the Lease Supplement to which the related Head Lessor Compressor is subject.
(c) Head Lessee may make any structure optional renovation, improvement, addition, or alteration to any Head Lessor Compressor ("Optional Alteration") provided that such Optional Alteration does not impair the value, use or remaining useful life of such Head Lessor Compressor. In the event an Optional Alteration is readily removable without impairing the value, use or remaining useful life of the Head Lessor Compressor, and is not a part or appliance which replaces any part or appliance originally incorporated or installed in or attached to such Head Lessor Compressor on the Effective Date for the related Lease Supplement, the Head Lessee may (or, if requested by the Head Lessor shall) remove such Optional Alteration whereupon such Optional Alteration will remain the property of Head Lessee. To the extent such Optional Alteration is not readily removable without impairing the value, use or remaining useful life of the Head Lessor Compressor to which such Optional Alteration has been made, or is a part or appliance which replaces any part or appliance originally incorporated or installed in or attached to such Head Lessor Compressor on the Effective Date for the related Lease Supplement, such Optional Alteration shall, without further act, immediately be and become the property of, and title shall vest in, aboutHead Lessor, or upon the Rented Premisesfree and clear of all Liens, including but not limited toother than Head Lessor Liens and Permitted Encumbrances, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) and shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises be subject to the same condition and colours as it was on the date of commencement terms of this Tenancy Agreement, reasonable wear Head Lease and tear exceptedthe Lease Supplement to which the related Head Lessor Compressor is subject. Tenant(s) shall not alter Any parts installed or replacements made by the locking system on a door giving entry Head Lessee upon any Head Lessor Compressor pursuant to its obligation to maintain and keep the Head Lessor Compressors in the condition required pursuant to the Rented Premises or cause or allow the locking system terms of this Head Lease shall be considered accessions to such Head Lessor Compressor and ownership thereof shall be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord vested in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentHead Lessor.
Appears in 1 contract
Sources: Master Equipment Lease Agreement (Universal Compression Inc)
Alterations. The Tenant(s) shall not If Tenant desires to make any alterations to remodel costing in excess of Fifteen Thousand Dollars ($15,000.00) in any one instance or decorate any portion other alteration, including any structural alteration or alteration affecting any of the Rented Premisesmechanical, electrical or erect plumbing systems of the Building (each an “Approval Alteration”; Permitted Alterations and Approval Alterations are collectively referred to herein as “Alterations”), Tenant must first obtain the consent of Landlord thereto, which consent shall not be unreasonably withheld, conditioned or delayed. If Landlord reasonably concludes that the Approval Alterations involve any construction, alterations or additions requiring unusual expense to readapt the Premises to normal office use on the Term Expiration Date, Landlord shall notify Tenant in writing at the time of approval that such re-adaptation will be required to be made by Tenant prior to such Term Expiration Date without expense to Landlord. Landlord’s failure to so notify Tenant shall mean that no such re-adaptation shall be required on or before the Term Expiration Date in connection with such Alteration. To secure Landlord’s consent for an Approval Alteration, Tenant shall submit to Landlord working drawings and specifications prepared by an architect or such other information regarding the Approval Alteration as Landlord may reasonably request (collectively, the “Working Drawings and Specifications”). Within ten (10) business days following Tenant’s initial submission of the Working Drawings and Specifications, and within five (5) business days for any other submission to Landlord, Landlord shall approve (by signing a copy thereof) or shall disapprove the Working Drawings and Specifications. Any and all Alterations shall be performed by GCCI at Tenant’s expense, which shall equal the direct cost to GCCI (without fees or general conditions) plus a markup equal to six percent (6%) of such direct costs and shall be on a “competitive bid” and “open book” basis, unless GCCI elects not to so perform the same. In such event that GCCI elects not to perform the same, Tenant may engage another contractor provided such contractor is reputable, bondable by reputable bonding companies, carries the kind of insurance and in the amounts set forth herein, and will work in harmony with Landlord’s contractors and laborers in the Building and such contractor is reasonably approved by Landlord (each an “Approved Contractor”). Notwithstanding the foregoing, no such bonding is required for any such work. Tenant in making any Alterations shall cause all work to be done in a good and workmanlike manner using all new materials substantially equal to or better than those used in the construction of the Premises and shall comply with or cause compliance with all laws and with any direction given by any public officer pursuant to law and GCCI’s standard consistent with other similarly situated Class A buildings in the area in which the Building is located. Tenant shall obtain or cause to be erectedobtained and maintain in effect, any structure inas necessary, aboutall building permits, or upon licenses, temporary and permanent certificates of occupancy and other governmental approvals which may be required in connection with the Rented Premisesmaking of the alterations, including but not limited tothe Alterations. Landlord shall cooperate with Tenant in the obtaining thereof and shall execute any documents reasonably required in furtherance of such purpose, installation provided any such cooperation shall be without expense and/or liability to Landlord, unless Landlord elects to have GCCI perform the same in which event it agrees to cause GCCI to comply with the foregoing provisions, including the obligation of GCCI to use all new materials in connection with any wallsconstruction hereunder, electrical outlets flooring and other provisions set forth herein applicable to Tenant’s contractor. At least annually if such Alterations or changes in or about any other alterations hereunder have occurred during the Rented Premises without the prior written consent past calendar year, Tenant shall furnish to Landlord as-built sepias and, if applicable, operating manuals, or, at Landlord’s option and only if Tenant’s computer system is compatible with that of Landlord’s, computer disk specifications compatible with Landlord’s computer system of the Landlordwork done by Tenant during such past year and copies of all permits issued in connection therewith. The Tenant(s) Tenant shall not at any time paint the Rented Premises have its contractor procure and maintain in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered effect during the Tenantterm of such alterations, including Alterations, reasonably satisfactory insurance coverages with an insurance company or companies authorized to do business in the Commonwealth of Massachusetts, and shall, upon Landlord’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the request, furnish Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipment.with certificates thereof;
Appears in 1 contract
Sources: Lease Agreement (Zoran Corp \De\)
Alterations. The Tenant(s) Lessee shall not make any alterations alterations, additions, installations, or improvements to remodel the interior or decorate any portion exterior of the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Demised Premises without the prior written consent of the Landlord. The Tenant(s) Lessor, which Lessor shall not unreasonably withhold, delay or condition. Lessor shall not be deemed unreasonable for requiring additional cash security to bond the reasonably estimated future removal and restoration costs to be required by any such alterations that cost more than $50,000.00. Notwithstanding anything to the contrary provided herein, Lessee may make any decorative changes and any other non-structural alteration not affecting Building systems or structure without the need to obtain Lessor's consent or approval. For the purposes of this Lease, the term "decorative changes" shall mean alterations to the Premises which are purely decorative and aesthetic in nature, such as hanging of artwork, plaques and picture frames, painting, carpeting and such other decorative changes or alterations which do not involve any structural parts of the Building, do not involve the removal of any walls (or any portion thereof), and/or do not involve changes or adjustments to the Building mechanical, plumbing, electrical or HVAC systems or the like. All erections, alterations, additions, and improvements, whether temporary or permanent in character, which may be made upon or to the Demised Premises either by the Lessor or the Lessee, except furniture or movable trade fixtures installed at the expense of the Lessee, shall be the property of the Lessor and shall remain upon and be surrendered with the Demised Premises as a part thereof at the Termination Date, without compensation to the Lessee and without hindrance, molestation or injury. Notwithstanding the foregoing, Lessor shall have the right to require Lessee to remove such installations at Lessee's sole cost and expense at the expiration of the Term and restore the Premises to its original condition as of the Commencement Date at the Lessee's sole cost and expense, provided such removal requirement is contained within the written approval granted by Lessor. Any alterations made in violation of the provisions of this paragraph shall be subject to Lessor's right to have same removed and /or restored at any time paint including upon the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon expiration or sooner termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was Lease. All other property of Lessee remaining on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter Premises after the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent last day of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) Term shall be conclusively deemed abandoned and CO2 detectors (collectively termed “Detectors”) may be removed by Lessor, and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) Lessee shall reimburse Lessor for the Landlord for cost of such removal. Lessor may have any expenses incurred for replacement or servicing of the equipmentsuch property stored at Lessee's risk and reasonable expense.
Appears in 1 contract
Alterations. The Tenant(s) 7.1 Except for the Tenant Work, Tenant shall not make any alterations alterations, additions or improvements to remodel or decorate any portion of the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Demised Premises (collectively “Alterations”) without the prior written consent of Landlord, which consent shall not be unreasonably withheld conditioned or delayed, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Demised Premises. Tenant shall furnish complete plans and specifications to Landlord at the time it requests ▇▇▇▇▇▇▇▇’s consent to any Alterations if the desired Alterations (i) will affect the Facility’s mechanical, electrical, plumbing or life safety systems or services, or (ii) will require the filing of plans and specifications with any governmental or quasi-governmental agency or authority, or (iii) will cost in excess of One Thousand Dollars ($1,000.00). Subsequent to obtaining Landlord’s consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by applicable law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord’s reasonable actual out-of-pocket costs incurred in connection with any Alterations, including, without limitation, all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of ▇▇▇▇▇▇’s plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, such Alteration shall be made by Tenant at Tenant’s sole cost and expense by a contractor approved in writing by Landlord. The Tenant(s) Tenant shall require its contractor to maintain insurance in commercially reasonable amounts. Any construction, alteration, maintenance, repair, replacement, installation, removal or decoration undertaken by Tenant in connection with the Demised Premises shall be completed in accordance with plans and specifications which must be approved by Landlord, shall be carried out in a good, workmanlike and prompt manner, shall comply with all applicable Regulations of the authorities having jurisdiction thereof, and shall be subject to supervision by Landlord or its employees, agents or contractors. Without limiting the generality of the immediately preceding sentence, any installation or replacement of Tenant’s heating or air conditioning equipment must be effected strictly in accordance with Landlord’s instructions, the Clean Air Act and all other applicable Regulations. Without Landlord’s prior written consent, Tenant shall not at use any time paint portion of the Rented Common Areas either within or without the Facility in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Facility in order to comply with any applicable Regulations, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such alterations and/or improvements. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the Demised Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon upon the expiration or sooner termination of the tenancythis Lease, Tenant(s) will except Tenant shall upon demand by Landlord, at Tenants sole cost and expense, forthwith and with all due diligence remove all or any alterations portion of any Alterations made by Tenant which are designated by Landlord to be removed and decorating repair and restore the Rented Demised Premises in a good and workmanlike manner to the same condition and colours as it was on the date of commencement of this Tenancy Agreementtheir original condition, reasonable wear and tear excepted.
7.2 All construction work done by Tenant within the Demised Premises shall be performed in a good and workmanlike manner with new materials of first-class quality, lien-free and in compliance with all governmental requirements and Regulations, and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Facility. Tenant(s) TENANT AGREES TO INDEMNIFY LANDLORD AND HOLD LANDLORD HARMLESS AGAINST ANY LOSS, LIABILITY OR DAMAGE RESULTING FROM SUCH WORK, provided such loss liability or damage was not caused by the Landlord, its agents, employees or representatives.
7.3 Nothing contained in this Lease shall not alter be construed as constituting the locking system on a door giving entry consent or request of Landlord, express or implied, to or for the performance by any contractor, laborer, materialman or vendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Rented Demised Premises or cause any part thereof. Tenant and any subtenants shall have no power to do any act or allow make and contract which may create or be the locking system to be altered during foundation of any lien, mortgage or other encumbrance upon the Tenant’s occupancy without the prior written consent reversionary or other estate of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt , or any interest of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service sameDemised Premises. NOTICE IS HEREBY GIVEN THAT LANDLORD IS NOT AND SHALL NOT BE LIABLE FOR ANY LABOR, provided the malfunction is not due to the Tenant’s removal of or failure to replace the batterySERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT OR TO ANYONE HOLDING THE DEMISED PREMISES OR ANY PART THEREOF, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentAND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE DEMISED PREMISES.
Appears in 1 contract
Sources: Lease (Sg Blocks, Inc.)
Alterations. The Tenant(s) Tenant shall not make any alterations alterations, additions or improvements to remodel or decorate any portion of the Rented PremisesPremises (collectively, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises “Alterations”) without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord’s consent to any Alterations if the desired Alterations: (i) will affect the Building’s Systems or Building’s Structure; or (ii) will require the filing of plans and specifications with any governmental or quasi-governmental agency or authority; or (iii) will cost in excess of Five Thousand Dollars ($5,000.00). Subsequent to obtaining Landlord’s consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a ▇▇▇▇ for all of Landlord’s actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Tenant’s plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, such Alteration shall be made by Tenant at Tenant’s sole cost and expense by a contractor approved in writing by Landlord. The Tenant(s) Tenant shall not at require its contractor to maintain insurance in such amounts and in such form as Landlord may require. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any time paint alterations and/or improvements to other portions of the Rented Premises, as applicable, in order to comply with any applicable Laws, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such alterations and/or improvements. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon upon the expiration or sooner termination of the tenancythis Lease, Tenant(s) will except Tenant shall upon demand by Landlord, at Tenant’s sole cost and expense, remove all or any alterations portion of any Alterations made by Tenant which are designated by Landlord to be removed and decorating repair and restore the Rented Premises in a good and workmanlike manner to the same condition and colours as it was on the date of commencement of this Tenancy Agreementtheir original condition, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipment.
Appears in 1 contract
Sources: Industrial Lease (Middleton Doll Co)
Alterations. The Tenant(sSubject to the provisions of this Article VI, Tenant shall have no right to make changes, alterations or additions (collectively, “Alterations”) to the Buildings on any single Real Property which involve structural changes or which cost in the aggregate in excess of Four Hundred Thousand Dollars (US$400,000.00) per Demised Property, which amount shall not make any alterations be adjusted annually in proportion to remodel or decorate any portion of increases in the Rented PremisesCPI, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises each case without the prior written consent of Landlord, which Landlord agrees it will not unreasonably withhold, condition or delay; provided, however, in no event shall any Alterations be made which, after completion, would: (i) reduce the value of the Buildings as they existed prior to the time that said Alterations are made; or (ii) adversely affect the structural integrity of the Buildings. Notwithstanding the foregoing, Tenant shall be permitted to implement the structural (hoods, vents) and nonstructural Alterations required to implement ongoing conversion to the grill program already instituted in many OLD COUNTRY BUFFET, HOMETOWN BUFFET or RYAN’S STEAKHOUSE restaurants provided such Alterations do not adversely affect the structural integrity of the Buildings. Any and all Alterations made by Tenant shall be at Tenant’s sole cost and expense. Prior to the commencement of construction, including Alterations which cost less than US$400,000.00 per Demised Property, which amount shall be adjusted annually in proportion to increases in the CPI (but excluding non-structural Alterations costing less US$250,000.00 (which amount shall be adjusted annually in proportion to increases in the CPI) in the aggregate per Demised Property, minor maintenance or repair projects and cosmetic refresh projects involving only painting, carpeting, floor covering and installation of moveable replacement Restaurant Equipment (collectively, a “Minor Project”)), Tenant shall deliver promptly to Landlord detailed cost estimates for any such proposed Alterations, as well as all drawings, plans and other information regarding such Alterations (such estimates, drawings, plans and other information are collectively referred to herein as the “Alteration Information”). Landlord’s review and/or approval (if required) of any Alteration Information shall in no event constitute any representation or warranty of Landlord regarding (x) the compliance of any Alteration Information with any governmental or legal requirements, (y) the presence or absence of any defects in any Alteration Information, or (z) the safety or quality of any of the Alterations constructed in accordance with any plans or other Alteration Information. The Tenant(s) Landlord’s review and/or approval of any of the Alteration Information shall not preclude recovery by Landlord against Tenant based upon the Alterations, the Alteration Information, or any defects therein. In making any and all Alterations, Tenant also shall comply with all of the following conditions:
(a) No Alterations shall be undertaken until Tenant shall have (i) procured and paid for, so far as the same may be required, all necessary permits and authorizations of all governmental authorities having jurisdiction over such Alterations, and (ii) except for Minor Projects, delivered to Landlord at least fifteen (15) days prior to commencing any such Alterations written evidence acceptable to Landlord, in its commercially reasonable discretion, of all such permits and authorizations. Landlord shall, to the extent necessary (but at no cost, expense, or risk of loss to Landlord), join in the application for such permits or authorizations whenever necessary, promptly upon written request of Tenant.
(b) Any and all structural Alterations of the Building shall be performed under the supervision of an architect and/or structural engineer.
(c) Except for Minor Projects, Tenant shall notify Landlord at least fifteen (15) days prior to commencing any Alterations so as to permit, and Tenant shall permit, Landlord access to the relevant Demised Property(ies) in order to post and keep posted thereon such notice(s) as may be provided or required by applicable law to disclaim responsibility for any construction on the relevant Demised Property(ies). Landlord may deliver to Tenant written requests from time paint the Rented Premises to time, not more than once in any dark colour such as blackthirty (30) day period, brownfor information regarding any Alterations that that Tenant has then undertaken. Tenant shall respond in good faith with all information reasonably requested by Landlord within 5 days after receipt of Landlord’s written request.
(d) Any and all Alterations shall be conducted and completed in a commercially reasonable time period (subject to the terms of Article XVII), dark bluein a good and workmanlike manner, purpleand in compliance with all applicable laws, etc. Upon termination municipal ordinances, building codes and permits, and requirements of all governmental authorities having jurisdiction over the relevant Demised Property(ies), and of the tenancylocal Board of Fire Underwriters, Tenant(sif any; and, upon completion of any and all Alterations, Tenant shall obtain and deliver to Landlord a copy of the amended certificate of occupancy for the relevant Demised Property(ies), if required under applicable law or by governmental authority. To the extent reasonably practicable, any and all Alterations shall be made and conducted so as not to disrupt Tenant’s business.
(e) will remove The cost of any alterations and decorating all Alterations shall be promptly paid by Tenant so that the Demised Properties at all times shall be free of any and restore the Rented Premises all liens for labor and/or materials supplied for any Alterations subject to the next succeeding sentence. In the event any such lien shall be filed, Tenant shall, within ten (10) days after receipt of notice of such lien, deliver written notice to Landlord thereof, and Tenant shall, within thirty (30) days after receipt of notice of such lien, discharge the same condition and colours as it was on the date of commencement of this Tenancy Agreementby bond, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises title indemnity or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent payment of the amount due the lien claimant. However, Tenant may in good faith contest such lien provided that within such thirty (30) day period Tenant provides Landlord with a surety bond, title indemnity or other form of security reasonably acceptable to Landlord, protecting against said lien. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(sTenant shall provide Landlord promptly with evidence satisfactory to Landlord that all contractors, subcontractors or materialmen have been paid in full with respect to such Alterations and that their lien rights have been waived or released. In the event Tenant fails to either discharge such lien or protect against such lien in accordance with the foregoing, then Landlord shall have the option (but not the obligation) acknowledges receipt of smoke alarm(s) to pay such lien or post a bond to protect against such lien and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees pass through such costs to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentTenant as Additional Rent.
Appears in 1 contract
Sources: Master Land and Building Lease (Ryan's Restaurant Leasing Company, LLC)
Alterations. The Tenant(sExcept for Tenant's Work (for which Landlord review and approval is required pursuant to Exhibit B) and installation of the "back-up" generator referred to above in Section 8(c), Tenant shall not before or during the Term make or suffer to be made any alterations alterations, additions or improvements in or to remodel or decorate any portion the Premises (herein collectively called "Alterations") without first obtaining Landlord's written consent. Tenant shall submit detailed plans and specifications for the Alterations in connection with requesting Landlord's consent. Landlord's consent may be withheld in Landlord's sole discretion if the Alterations will affect the structure of the Rented PremisesBuilding or the Building's systems; otherwise Landlord's consent shall not be unreasonably withheld. As a condition of approving the proposed Alterations, Landlord may require Tenant to agree to remove all or erect any part of such Alterations on or cause before the Expiration Date and to be erectedreimburse Landlord for any reasonable expenses incurred by Landlord in reviewing the plans and specifications, any structure inincluding, aboutwithout limitation, or upon the Rented Premises, including but not limited to, installation reasonable costs of any walls, electrical outlets flooring or changes outside consultants retained by Landlord. All Alterations shall immediately become Landlord's property and shall remain in or about the Rented Premises without at the prior written consent end of the Landlord. The Tenant(s) Term without compensation to Tenant unless Landlord conditioned its approval of such Alterations on Tenant's agreement to remove them, in which event Tenant shall not at any time paint by the Rented Premises in any dark colour Expiration Date remove such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating Alterations and restore the Rented Premises to the same their condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry prior to the Rented Premises or cause or allow the locking system to installation of such Alterations. All Alterations shall be altered during the Tenant’s occupancy without the prior written consent of the done in a good and workmanlike manner, in compliance with all applicable Laws by licensed contractors approved by Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt Tenant shall also comply with the provisions of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify Section 11 in connection with any Tenant Alterations it undertakes at the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentPremises.
Appears in 1 contract
Sources: Lease (CTC Communications Group Inc)
Alterations. The Tenant(s) Tenant shall not permit alterations in or to the Leased Premises unless and until Landlord has approved the plans therefor in writing. Notwithstanding the foregoing, Tenant shall have the right without Landlord’s consent, and in compliance with all other provisions of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building’s mechanical or electrical systems, do not adversely affect the Building’s appearance or value, and the cost of which does not exceed Fifteen Thousand Dollars ($15,000.00), 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. Landlord may specify any alterations which Tenant will be required to remove and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations shall at Landlord’s option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the original construction of the Building. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, and nothing in this Lease shall be construed to constitute Landlord’s consent to the creation of any lien. If any lien is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to Tenant, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys’ fees in connection with any construction or alteration and any related lien. Tenant agrees that at Landlord’s option, Duke Construction Limited Partnership or a subsidiary or affiliate of Landlord, who shall receive a fee as Landlord’s construction manager or general contractor, shall perform all work on any alterations to remodel the Leased Premises which are structural in nature or decorate any portion the cost of the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors which exceeds Fifteen Thousand Dollars (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipment$15,000.00).
Appears in 1 contract
Alterations. The Tenant(s) shall not make Subject to the rights of Wachovia under any alterations Wachovia Lease and subject to remodel or decorate any portion of the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation terms and conditions of any wallsGround Lease, electrical outlets flooring or changes in or about the Rented Premises without the Borrower shall obtain Lender’s prior written consent to any Alterations to the Improvements which have a cost in excess of the LandlordAlteration Threshold Amount and, unless such Alterations are reasonably likely to have a Material Adverse Effect (with respect to any Property, or with respect to the Properties taken as a whole), such consent shall not be unreasonably withheld. The Tenant(sNotwithstanding the foregoing, Lender’s consent shall not be required in connection with the following categories of Alterations: (a) Alterations made in connection with tenant improvement work performed pursuant to the terms of any Lease executed on or before the date hereof (or in the case of a Substitute Property, any Lease in effect at the time of the applicable Property Substitution), (b) Alterations made in connection with tenant improvement work performed pursuant to the terms and provisions of a Lease and not adversely affecting any structural component of any Improvements, any utility or HVAC system contained in any Improvements or the exterior of any building constituting a part of any Improvements, (c) Alterations performed in connection with the Restoration of any Property after the occurrence of a Casualty or Condemnation in accordance with the terms and provisions of this Agreement, (d) Alterations required to be made pursuant to any Legal Requirement or (e) Alterations performed by Wachovia under any Wachovia Lease for which the consent of Borrower, as landlord, is not required under such Wachovia Lease. If the total unpaid amounts with respect to Alterations to the Improvements (other than such amounts to be paid or reimbursed by tenants under the Leases, including, without limitation, Alterations performed by Wachovia under any Wachovia Lease, the total cost and expense of which is borne entirely by Wachovia) shall not at any time paint exceed the Rented Premises in Alteration Threshold Amount, Borrower shall promptly deliver to Lender as security (“Acceptable Alteration Security”) for the payment of such amounts and as additional security for Borrower’s obligations under the Loan Documents any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancyfollowing: (A) Cash, Tenant(s(B) will remove any alterations U.S. Obligations, (C) other securities having a rating acceptable to Lender and decorating if the Loan has been subject to a Securitization, that the applicable Rating Agencies have delivered a Rating Agency Confirmation, (D) a completion and restore performance bond issued by a Person having a rating by S&P of not less than “A-1+” if the Rented Premises term of such bond is no longer than three (3) months or, if such term is in excess of three (3) months, issued by a financial institution having a rating that is reasonably acceptable to Lender and, if the Loan has been securitized, that the applicable Rating Agencies have delivered a Rating Agency Confirmation or (E) a Letter of Credit. Such Acceptable Alteration Security shall be in an amount equal to the same condition and colours as it was excess of the total unpaid amounts with respect to Alterations to the Improvements on the date applicable Property (other than such amounts to be paid or reimbursed by tenants under the Leases) over the Alteration Threshold Amount. Provided that an Event of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) Default shall not alter have occurred and be continuing, the locking system on a door giving entry Acceptable Alteration Security shall be released to Borrower by Lender when Lender is reasonably satisfied that the total unpaid amounts with respect to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due Alterations to the Tenant’s removal of or failure Improvements for which the Acceptable Alteration Security has been delivered to replace Lender is less than the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentAlteration Threshold Amount.
Appears in 1 contract
Alterations. The Tenant(s) Tenant shall not make any alterations to remodel or decorate any portion of the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or no changes in or about to the Rented Premises demised premises of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements ("Alterations") which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises by using contractors, mechanics, engineers and architects reasonably acceptable to Landlord. The Tenant(s) Tenant agrees that all Alterations shall not be performed by Tenant in accordance with Landlord's Uniform Rules and Regulations for Alterations. Tenant agrees to use Landlord's approved engineer for the Building for the preparation of all construction documents and drawings pertaining to any Alterations and to use Landlord's architect to file all plans with and obtain all required permits from appropriate governmental authorities. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time paint time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the Rented Premises in any dark colour such 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 black, brown, dark blue, purple, etc. Upon the termination of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, the tenancysame shall be removed from the premises by Tenant prior to the expiration of this Lease, Tenant(s) will remove 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 alterations such from the premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and decorating at its expense, repair and restore the Rented Premises premises to the same condition and colours existing prior to installation, other than as it was on the date a result of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of repair any damage to the demised premises or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not building due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guestssuch removal. All Detectors must always property permitted or required to be operational. Tenant(s) shall reimburse removed by Tenant at the Landlord for any expenses incurred for replacement or servicing end of the equipment.term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord,
Appears in 1 contract
Sources: Lease Agreement (PLD Telekom Inc)
Alterations. The Tenant(s) Tenant shall not make any alterations external or structural alteration or addition to remodel or decorate the Property and shall not make any portion opening in any boundary structure of the Rented Premises, or erect or cause to be erected, Property. The Tenant shall not install any structure in, about, or upon Service Media on the Rented Premises, including but not limited to, installation exterior of the Property nor alter the route of any walls, electrical outlets flooring or changes in or about Service Media at the Rented Premises Property without the prior written consent of the Landlord, such consent not to be unreasonably withheld or delayed. The Tenant(s) Tenant shall not at make any time paint the Rented Premises in any dark colour such as blackinternal, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises non-structural alteration to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy Property without the prior written consent of the Landlord, such consent not to be unreasonably withheld or delayed. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt Tenant shall not carry out any alteration to the Property which would [, or may reasonably be expected to, have an adverse effect on the asset rating in any Energy Performance Certificate commissioned in respect of smoke alarm(s) the Property. Signs In this clause Signs include signs, fascia, placards, boards, posters and CO2 detectors (collectively termed “Detectors”) advertisements. The Tenant shall not attach any Signs to the exterior of the Property or display any inside the Property so as to be seen from the outside except Signs of a design, size and maintenance information number and agrees in a position, that are appropriate to immediately notify the Property and the Permitted Use, without the consent of the Landlord, such consent not to be unreasonably withheld or delayed. Before the end of the term, the Tenant shall remove any Signs placed by it at the Property and shall make good any damage caused to the Property by that removal. The Tenant shall allow the Landlord to fix to and keep at the Property any sale or re-letting board as the Landlord reasonably requires. Returning the Property to the Landlord At the end of the term, the Tenant shall return the Property to the Landlord in writing the repair and condition required by this lease. Unless the Landlord gives the Tenant notice not to do so, no later than three months before the end of the term, the Tenant shall remove items it has fixed to the Property, remove any alterations it has made to the Property and make good any damage caused to the Property by that removal. At the end of the term, the Tenant shall remove from the Property all chattels belonging to or malfunction of any Detectors supplied used by it. The Tenant irrevocably appoints the Landlord and the Landlord agrees to service same, provided the malfunction is not due to be the Tenant’s removal agent to store or dispose of any chattels or failure items it has fixed to replace the battery, or tampering or adjustments made or removal of Detectors Property and which have been left by the Tenant(s) Tenant on the Property for more than ten working days after the end of the term. The Landlord shall not be liable to the Tenant by reason of that storage or his guestsdisposal. All Detectors must always be operational. Tenant(s) The Tenant shall reimburse indemnify the Landlord for in respect of any expenses incurred for replacement claim made by a third party in relation to that storage or servicing disposal. If the Tenant does not comply with its obligations in this clause, then, without prejudice to any other right or remedy of the equipmentLandlord, the Tenant shall pay the Landlord an amount equal to the Annual Rent at the rate reserved immediately before the end of the term for the period that it would reasonably take to put the Property into the condition it would have been in had the Tenant performed its obligations under this clause. The amount shall be a debt due on demand from the Tenant to the Landlord.
Appears in 1 contract
Sources: Lease Agreement
Alterations. The Tenant(sTo the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises for more than 5 Business Days after notice from Landlord (although notice shall not be required in an emergency) (which 5 Business Day period shall be extended for such additional time (not to exceed 30 days) as shall be reasonably necessary under the circumstances, provided that Tenant commences such repairs within such 5 Business Day period and diligently prosecute completion of the same), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs.
9.02 Landlord shall keep and maintain in good repair and working order and perform maintenance upon the:
(a) structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building in general; (c) Common Areas; (d) roof of the Building; (e) exterior windows of the Building; and (f) elevators serving the Building. Landlord shall promptly make repairs for which Landlord is responsible.
9.03 Tenant shall not make alterations, repairs, additions or improvements or install any alterations Cable (collectively referred to remodel or decorate any portion of as "ALTERATIONS") without first obtaining the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. However, Landlord's consent shall not be required for any Alteration that satisfies all of the following criteria (a "COSMETIC ALTERATION"): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or Building; (c) will not affect the Base Building; and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. Prior to starting work, Tenant shall furnish Landlord with plans and specifications (except that no plans and specifications shall be required for Cosmetic Alterations); names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building); required permits and approvals; evidence of contractor's and subcontractor's insurance in amounts reasonably required by Landlord and naming Landlord as an additional insured; and any security for performance in amounts reasonably required by Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises Changes to the same condition plans and colours as it was on the date specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the quality reasonably approved by Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) Tenant shall reimburse the Landlord for any expenses incurred sums paid by Landlord for replacement or servicing third party examination of Tenant's plans for non-Cosmetic Alterations. In addition, Tenant shall pay Landlord a fee for Landlord's oversight and coordination of any non-Cosmetic Alterations equal to 10% of the equipmentcost of the Alterations. Upon completion, Tenant shall furnish "as-built" plans for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord's approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law.
Appears in 1 contract
Alterations. The Tenant(s) All alterations, additions and improvements, except trade fixtures, installed at expense of Tenant, shall not make any alterations to remodel or decorate any portion become the property of Landlord and shall remain upon and be surrendered with the Rented Premisesleased premises as a part thereof on the termination of this lease. Such alterations, or erect or cause to additions, and improvements may only be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without made with the prior written consent of Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord 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 Tenant without prior written permission of Landlord. The Tenant(s) If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the roof can be made, Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's expense and shall repair at Tenant's expense any time paint the Rented Premises in any dark colour damage resulting from such as black, brown, dark blue, purple, etcremoval or reinstallation. Upon termination of this lease, Tenant shall remove or cause to be removed from the tenancyroof any cooling tower, Tenant(s) will remove equipment or structure if directed to do so by Landlord. Tenant shall promptly repair at its expense any alterations and decorating and restore damages resulting from such removal. At the Rented Premises to the same condition and colours as it was on the date of commencement termination of this Tenancy Agreementlease, reasonable wear Tenant shall deliver the leased premises in good order and tear condition, natural deterioration only excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any Any damage to or malfunction of any Detectors supplied caused by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made installation or removal of Detectors by trade fixtures shall be repaired at Tenant's expense prior to the Tenant(s) or his guestsexpiration of the lease term. All Detectors must always alterations, improvements, additions, and repairs made by Tenant shall be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentmade in good and workmanlike manner.
Appears in 1 contract
Sources: Commercial Lease (Spacehab Inc \Wa\)
Alterations. The Tenant(s) Any and all alterations, additions and/or improvements, except trade fixtures installed at the expense of the Lessee shall become the property of the Lessor and shall remain upon and shall be surrendered with the leased Premises as a part thereof on the termination of this lease. Such alterations, additions, and improvements may only be made with the prior written consent and approval of the Lessor. If consent is granted by the Lessor for the making of improvements, alterations or additions to the leased Premises, such improvements, alterations or additions shall not make commence until such time as the Lessee has furnished to the Lessor a copy of all plans and a certificate of insurance showing coverage in an amount satisfactory to the Lessor protecting the Lessor 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, alterations to remodel or decorate additions. No cooling tower, equipment, or structure of any portion kind shall be placed on the roof or elsewhere on the leased premises by the Lessee without prior written permission of the Rented PremisesLessor. If such permission is granted, such work or erect installation shall be done at the Lessee's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily so that repairs to the roof can be made, Lessee shall promptly remove and reinstall the cooling tower, equipment or structure at the Lessee's expense and repair at the Lessee's expense any damage which may result from such removal or reinstallation. Upon termination of this lease, Lessee shall remove or cause to be erectedremoved from the roof any such cooling tower, equipment or structure if directed to do so by the Lessor. Lessee shall promptly repair, at its expense, any structure indamages resulting from such removal. At the termination of this lease, about▇▇▇▇▇▇ shall deliver the leased Premises in good and reasonable condition, or upon natural deterioration only excepted. Any damage caused by the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about trade fixtures shall be repaired at the Rented Premises without Lessee's expense prior to the prior written consent expiration of the Landlordlease term. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as blackAll alterations, brownimprovements, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations additions and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied repairs made by the Landlord Lessee shall be made in good and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentworkmanlike manner.
Appears in 1 contract
Sources: Lease Agreement
Alterations. The Tenant(s(a) Subject to the provisions of this subparagraph (a), Tenant shall not make any alterations alterations, additions or improvements to remodel or decorate any portion of the Rented PremisesPremises (including, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld; provided, however, should Tenant submit preliminary plans for making an alteration to the Premises and such plans are in form sufficient for Landlord to review the alteration contemplated by Tenant, Landlord shall respond within ten business days of its receipt of such plans, or the plans and the alteration to be made by Tenant shall be deemed approved. If the plans submitted by Tenant are insufficient for Landlord to review the contemplated alteration, Landlord shall so notify Tenant and Tenant shall revise and resubmit the plans to Landlord but the ten day time period for Landlord to act as aforesaid shall not be deemed to commence until such time as Tenant shall have submitted a sufficient plan to Landlord, as reasonably determined by Landlord. The Tenant(s) All submissions of plans to Landlord under this paragraph 5 shall be sent in accordance with the provisions of paragraph 20 hereof. Landlord may require as a condition to Tenant making any alteration to the Premises that Tenant restore the Premises to its condition as of the Commencement Date prior to Tenant vacating the Premises. 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 and remove and replace interior non-structural walls, as it may deem advisable, without altering the basic character or structure of the Premises or improvements and without overloading or damaging the Premises or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. Tenant shall not make any alterations, additions or improvements to the Premises which will contravene Landlord's policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in companies acceptable to Landlord. If any such alterations, additions or improvements cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Premises for permitted uses thereof, Tenant shall pay as additional rent the amount of any such increase promptly upon demand by Landlord.
(b) Any and all alterations, additions, improvements, partitions and fixtures erected by Tenant shall be the property of Landlord and shall remain at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon upon termination of the tenancyLease or upon earlier vacating of the Premises. All shelves, Tenant(s) will remove any alterations bins, machinery, trade fixtures and decorating other specialized equipment installed and restore the Rented Premises paid for by Tenant may be removed by Tenant prior to the same condition termination of this Lease provided such removal may be accomplished without damage to the Premises or to the primary structure or structural qualities of the Building and colours as it was other improvements situated on the date of commencement of this Tenancy Agreement, reasonable wear and tear exceptedPremises. Tenant(s) Tenant shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of repair any damage to the Premises, or malfunction to the Building as a result of any Detectors supplied alteration, addition, improvement, or repair to the Premises, or the removal of personal property or trade fixtures by Tenant, its employees, agents, invitees, or contractors to the Premises. Should Tenant fail to conduct any such repair within ten days of written notice from Landlord, Landlord and the Landlord agrees to service may, at its option, perform same, provided the malfunction is not due and Tenant shall remit payment to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses the actual cost and expense incurred for replacement or servicing of the equipmentby Landlord in effecting such repair immediately upon demand.
Appears in 1 contract
Sources: Lease Agreement (Pharmaceutical Product Development Inc)
Alterations. The Tenant(s) After the completion of the initial Tenant Improvements (if any), Tenant shall not make any alterations alterations, additions, substitutions or improvements (“Alterations”) in or to remodel or decorate any portion of the Rented Premises, or erect make changes to locks on doors, or cause add, disturb or in any way change any plumbing or wiring (“Changes”) without first obtaining the written consent of Landlord, 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 expiration or 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 wear and tear. Any Alterations or Changes, but excluding Tenant Improvements, approved by Landlord and not required to be erectedremoved upon the expiration 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. Any Alterations or Changes required to be made to Tenant’s Premises by any amendment to any applicable building, health, safety, fire, nondiscrimination, or similar law or regulation (“law”), or any structure innew law shall be made at Tenant's sole expense and shall be subject to the prior written consent of Landlord. Except with respect to the initial Tenant Improvements, about, Tenant shall reimburse Landlord for any reasonable sums expended for examination and 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 the Premises or Building by Tenant or by any persons who may be in or upon the Rented PremisesPremises or Building with the express or implied consent of Tenant for the purpose of making Changes or Alterations, including but not limited to, installation to the cracking or breaking of any wallsglass of windows and doors, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the paid for by Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipment.
Appears in 1 contract
Sources: Lease Agreement
Alterations. The Tenant(sTenant shall not permit alterations in or to the Leased Premises unless and until the plans have been approved by Landlord in writing. Except as otherwise set forth herein, as a condition of such approval, Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the original construction of the Building. Nothing in this Lease shall be construed to constitute a consent by Landlord to the creation of any lien derived through or under Tenant for any labor or material furnished to the Leased Premises. If any lien is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to Tenant, Tenant shall cause such lien to be discharged of record within thirty (30) days of Tenant's actual notice of filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees in connection with Tenant's construction or alteration in violation of this Lease and any related lien. Notwithstanding anything to the contrary herein, Tenant may construct only cosmetic, non-structural alterations, additions and improvements, (excluding alterations that impact electrical, mechanical or any of the Building systems or that require that a permit be obtained) ("Alterations") in the Leased Premises without Landlord's prior approval. Alterations and Tenant's trade fixtures, furniture, equipment and other personal property installed in the Leased Premises ("Tenant's Property") shall at all times be and remain Tenant's property. Except for Alterations which cannot make any alterations be removed without structural injury to remodel or decorate any portion of the Rented Leased Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) shall not at any time paint Tenant may remove Tenant's Property from the Rented Premises Leased Premises, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in any dark colour item of Tenant's Property. Prior to the commencement of any Alterations, Tenant may request Landlord to advise Tenant in writing whether it reserves the right to require Tenant to remove any such as black, brown, dark blue, purple, etc. Upon proposed Alterations from the Leased Premises upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises this Lease. Notwithstanding anything to the same condition and colours as contrary herein, if Landlord fails to notify Tenant upon such request that it was on shall require the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure such Alterations, then Landlord shall have no right to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentrequire Tenant to remove such Alterations.
Appears in 1 contract
Alterations. The Tenant(s) Tenant shall not make any alterations to reconstruct, remodel or decorate any portion of alter the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Demised Premises without the prior written consent of Landlord, which shall not be unreasonably withheld, and, if and to the extent required by any mortgage(s) of the Demised Premises, of the mortgagee(s) of the Demised Premises.
11.1. As a condition to Landlord's consent to any repair, reconstruction, remodeling or alteration of the Demised Premises which is reasonably projected to cost $25,000 or more, Landlord may require Tenant or Tenant's contractor to post a payment and completion or other bond satisfactory to Landlord insuring the proper and timely completion of such repair, reconstruction, remodeling or alteration.
11.2. Tenant agrees to fully pay and discharge all claims for labor and materials furnished in connection with the repair, reconstruction, remodeling or alteration of the Demised Premises, to obtain lien releases for labor or materials for which payment has been made, and to take all other reasonable steps to forestall the assertion of lien claims against the Demised Premises.
11.3. All work done in connection with the repair, reconstruction, remodeling or alteration of the Demised Premises shall be performed in compliance with all applicable laws, ordinances, rules and regulations.
11.4. The Tenant(s) repair, reconstruction, remodeling or alteration of the Demised Premises shall not at be performed in compliance with any time paint mortgages of the Rented Demised Premises.
11.5. No repair, reconstruction, remodeling or alteration of the Demised Premises in any dark colour such as blackshall be effected unless and until Tenant has obtained all required permits and consents from all governmental entities or agencies having jurisdiction over the Demised Premises.
11.6. All alterations and improvements constructed by Tenant upon the Demised Premises shall, brown, dark blue, purple, etc. Upon upon termination of this Lease, belong to Landlord.
11.7. Tenant shall save and hold Landlord harmless from any and all liability of any kind on account of the tenancyrepair, Tenant(s) will remove reconstruction, remodeling or alteration of the Demised Premises.
11.8. Prior to commencement of any alterations and decorating and restore work, alteration or repair to or of the Rented Demised Premises by anyone other than Tenant or the employees of Tenant, Tenant shall give Landlord sufficient notice thereof to permit Landlord to timely post or affix on or to the same condition and colours as it was on the date Demised Premises notices of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentnonresponsibility.
Appears in 1 contract
Sources: Lease (Unison Healthcare Corp)
Alterations. The Tenant(s) Lessee shall not not, without first obtaining the written ----------- consent of the Lessor, make any alterations to remodel or decorate any portion of the Rented Premisesalterations, additions, or erect or cause to be erectedimprovements, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without Premises. All changes or additions made with the prior Lessor's written consent shall become the property of the LandlordLessor, subject to this Lease, when completed and paid for by Lessee. They shall remain as part of the Premises at the end of the Lease Term. The Tenant(s) Lessor may demand that the Lessee remove any changes to which the Lessor has not consented at the end of the Lease Term. The Lessee shall promptly pay for any changes or additions, and shall not at allow any time paint mechanic's lien or other claim to be filed against the Rented Premises. If any lien or claim is filed against the Premises, the Lessee shall have it promptly removed. Lessee may, subsequent to the effective date of this Lease but prior to fully occupying the Premises, submit to Lessor a written description of those improvements and alterations to the Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination which Lessee believes to be necessary to the successful operation of the tenancyfull service bank branch office contemplated by this Lease. Lessor shall, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, within a reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent time after its receipt of the Landlordwritten description of such improvements and alterations, commence and complete such improvements and alterations in accordance with the specifications of Lessee. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) Lessee shall reimburse Lessor for Lessor's direct cost of all such improvements and alterations against copies of third party invoices which are provided to Lessee by Lessor. Lessee shall tender reimbursement payments to Lessor within thirty (30) days of Lessor's submission of copies of third party invoices to Lessee. In the Landlord for any expenses incurred for replacement or servicing event that Lessee terminates this Lease under Paragraph 2 hereof, Lessor shall immediately suspend the process of improving and altering the equipmentPremises. Reimbursement payments owed by Lessee pursuant to this provision shall be deemed to constitute payments of additional rent.
Appears in 1 contract
Alterations. The Tenant(s(a) Tenant shall not make any alterations to remodel or decorate any portion of the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or no changes in or about to the Rented Demised Premises of any nature without Landlord’s prior written consent which consent shall not be unreasonably withheld or delayed, provided, however, that Tenant shall be entitled to make installations, alterations or additions costing less than $5,000.00 and which do not affect the mechanical, electrical, plumbing or structural systems of the Building, without obtaining the prior written consent of Landlord (hereinafter, all changes requiring Landlord’s consent and those not requiring Landlord’s consent will be called “Tenant’s Changes”). All fixtures, equipment and other tenant improvements installed in the Landlord. The Tenant(s) Demised Premises by Tenant at its expense which is not consistent with standard office use shall not be and shall remain the property of Tenant and shall be removed by Tenant at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination expiration of the tenancy, Tenant(s) will remove any alterations Lease Term; and decorating provided that Tenant shall repair and restore the Rented Premises any damage to the same condition and colours as it was on Demised Premises caused by the date installation and/or removal of commencement of this Tenancy Agreementany such fixtures, reasonable wear and tear exceptedequipment or other tenant improvements. Tenant(s) shall not alter the locking system on a door giving entry Subject to the Rented Premises or cause or allow preceding sentence, if Tenant desires to leave any tenant improvements which it has made to the locking system to be altered during the Tenant’s occupancy without Demised Premises, Tenant may leave such improvements only with the prior written consent of Landlord, and such improvements shall then remain as part of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt Demised Premises and become the property of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord at the expiration of the Lease Term. Nothing in writing of any damage this Article shall be construed to give Landlord title to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the prevent Tenant’s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such items from the Demised Premises or failure upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense repair and restore the Demised Premises to replace substantially the batterycondition existing prior to the installation and Tenant will 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 Lease Term remaining in the Demised 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 Demised Premises by Landlord at Tenant’s expense. Landlord agrees that Tenant shall not be required to remove any part of Landlord’s Work pursuant to the attached Work Letter, including any halls, doors, corridors, ceiling tiles, and carpeting.
(b) Any Tenant Changes made by Tenant or Tenant’s Contractors must comply with the following:
(1) No Tenant Changes shall be made which shall impair the structural soundness or diminish the value of or cause permanent damage or injury to the Building or the Demised Premises or create a dangerous or hazardous condition or injure the business of or unreasonably interfere with, disturb or annoy any other tenant or occupant of the Building.
(2) Landlord agrees to cooperate (i.e., executing permit applications, to the extent required). Tenant shall, before making any alterations, 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.
(3) All Tenant Changes shall be performed in a workmanlike manner and shall be in compliance with all laws, codes, ordinances, orders, rules, regulations and requirements of all governmental authorities having or asserting any jurisdiction.
(4) Tenant shall maintain or cause to have maintained, at no cost to Landlord (i) Workmen’s Compensation Insurance, in accordance with all laws, covering all persons employed in connection with Tenant Changes and, (ii) General Liability Insurance in amounts and with insurers reasonably satisfactory to Landlord insuring Landlord and its agent against the hazards due to Tenant Changes. Prior to the commencement of any work, Tenant shall submit appropriate written proof reasonably satisfactory to Landlord of Tenant’s compliance with this requirement.
(5) No Tenant Changes shall affect or change (i) the structural integrity of the Building, (ii) the exterior appearance of the Building, or tampering (iii) the air-conditioning, air-cooling, plumbing, electrical or adjustments made or removal heating system and/or any other such system of Detectors by the Tenant(sBuilding unless Tenant shall have (a) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the submitted to Landlord for its written approval, accurate dimensioned working drawings and specifications therefor and (b) paid to Landlord any reasonable third party fees or expenses incurred by Landlord in connection with submitting such drawings and specifications to an architect or engineer of Landlord’s selection for replacement review or servicing examination, and (c) obtained Landlord’s written approval of such drawings and specifications, not to be unreasonably withheld, conditioned or delayed.
(6) Nothing in this Lease shall be construed in any way as constituting the permission, consent or request of the equipmentLandlord, express or implied through act, or omission to act, by inference or otherwise, to any contractor, sub-contractor, laborer, or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, installation, addition, decoration, alteration, or repair of or to the Demised Premises or so as to give to the Tenant the right, power, or authority to contract for or permit the rendering of any service or the furnishing of any material that would give rise to the filing of any mechanic’s lien against the Building or the Demised Premises. If any mechanic’s lien is filed against the Demised Premises, or the Building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this Article, the same shall be discharged by Tenant in accordance with Article 43 of this Lease.
Appears in 1 contract
Alterations. The Tenant(s) Tenant shall in no event make or permit to be made any alteration, modification, substitution or other change of any nature to the mechanical, electrical, plumbing, HVAC , and sprinkler systems within or serving the Premises. After completion of Tenant's Improvements within the Premises, Tenant shall not make or permit any alterations other improvements, alterations, fixed decorations, substitutions or modifications, structural or otherwise, to remodel the Premises or decorate any portion of the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises Building ("Alterations") without the prior written consent approval of the Landlord. The Tenant(s) , which approval shall not at any time paint unreasonably be withheld, conditioned or delayed. Landlord's approval shall include the Rented 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 any dark colour the instance of cosmetic changes, such as blackpainting and carpeting, brownin which case Tenant shall provide Landlord with samples showing colors, dark blue, purplestyles, etc. Upon termination 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 sole cost, payable by Tenant, as Additional Rent, within thirty (30) days after receipt of an invoice for same from Landlord, which cost shall include Landlord's standard construction management fee, not to exceed three percent (3%) of construction costs. Tenant shall be responsible for the tenancy, Tenant(s) will remove cost of any alterations and decorating and restore additional improvements within the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Common Area required by The Americans with Disabilities Act of 1990 as a result of Tenant’s occupancy 's Alterations. If Tenant makes any Alterations without the prior written consent of Landlord, then, in addition to Landlord's other remedies, Landlord may correct or remove such Alterations and Tenant shall pay the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service samecost thereof, provided the malfunction is not due to the Tenant’s removal of or failure to replace the batteryas Additional Rent, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmenton demand.
Appears in 1 contract
Sources: Maryland Full Service Office Lease (Gp Strategies Corp)
Alterations. The Tenant(s(a) Tenant shall not make any alterations to remodel or decorate any portion of the Rented Premisesno improvements, alterations, changes, or erect or cause additions to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(sTenant shall reimburse Landlord for all reasonable expenses incurred by Landlord in connection with approving and inspecting said improvements, alterations, changes or additions.
(b) All improvements, alterations, changes, additions, and fixtures are the property of Landlord upon termination and expiration of the Lease and shall be surrendered with the Premises.
(c) Tenant shall cause no damage to the Premises and the Building from removal of Tenant's personal property from the Building. Any such damage or injury to the Premises and the Building shall be promptly repaired by Tenant at its sole cost and expense. Any personal property of Tenant not removed by Tenant prior to the Expiration Date or date of sooner termination of this Lease shall, at Landlord's option, either become the property of Landlord or shall be disposed of or stored by Landlord at Tenant's risk and expense.
(d) No approval of plans or specifications by Landlord or consent by Landlord allowing Tenant to make improvements, alterations, changes or additions to the Premises shall in any way be deemed to be an agreement by Landlord that the contemplated work complies with any Legal Requirements or Insurance Requirements or the certificate of compliance for the Building, or deemed to be a waiver by Landlord of any of the provisions of this Lease. Tenant shall construct all approved improvements, alterations, changes or additions in a good and workmanlike manner, free of all defects and in compliance with all Legal Requirements and Insurance Requirements. Neither Landlord, Landlord's agents, nor the holder of any mortgage on the Land and Building shall be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and no mechanic's or materialmen's or other liens for such labor or materials shall attach to or affect any estate or interest of Landlord or any other such party in and to the Premises, the Land and the Building. Tenant shall not at permit any time paint mechanics' or materialmen's lien to attach, be placed or filed against the Rented Premises in any dark colour Premises, the Building or the Land arising out of such as blackwork prosecuted under Paragraph 4(j) or this Paragraph 13; and if such a lien if filed, brownTenant shall satisfy, dark bluebond off, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or otherwise cause or allow the locking system such lien to be altered during the canceled or discharged within ten (10) days of Tenant’s occupancy without the prior 's receipt from Landlord of written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing notice of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentsuch lien.
Appears in 1 contract
Sources: Lease Agreement (On Technology Corp)
Alterations. The Tenant(s) All alterations, additions and improvements, except trade fixtures, installed at expense of Tenant, shall not make any alterations to remodel or decorate any portion become the property of Landlord and shall remain upon and be surrendered with the Rented Premisesleased premises as a part of thereof on this lease. Such alterations, or erect or cause to additions, and improvements may only be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without made with the prior written consent of Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord 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 Tenant without prior written permission of Landlord. The Tenant(s) If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the roof can be made, Tenant shall promptly repair at its expense any time paint damages resulting from such removal. At the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of this lease, Tenant shall deliver the tenancyleased premises in good order and condition, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear natural deterioration only excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any Any damage to or malfunction of any Detectors supplied caused by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made installation or removal of Detectors by trade fixtures shall be repaired at Tenant's expense prior to the Tenant(s) or his guestsexpiration of the lease term. All Detectors must always alterations, improvements, additions, and repairs made by Tenant shall be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentmade in good and workmanlike manner.
Appears in 1 contract
Alterations. The Tenant(s) Tenant shall not make any alterations alterations, additions, or other improvements to remodel the Premises or decorate install any portion fixtures thereat (collectively "Alterations"), without the Landlord's prior written approval which shall not be unreasonably withheld, provided that Landlord's approval may be withheld if any proposed Alterations adversely impact the Building structure or systems. All Alterations to the Premises shall be performed at Tenant's sole cost and expense in accordance with drawings and specifications prepared at Tenant's sole cost and expense, which drawings and specifications shall be consistent with the standards applicable thereto set forth in Exhibit "D" attached hereto. 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 which constitute trade fixtures during and at the expiration of the Rented PremisesTerm and any extension thereof, provided that Tenant repairs any damage caused by said removal. Landlord, by notice to Tenant in writing at the time of Landlord's approval of the drawings and specifications for the Alterations, may request that Tenant remove any of said Alterations, and, if Landlord makes said request, Tenant shall remove on or before the date on which the Term ends such Alterations as are stated in such request and repair any damage caused by such removal. In the event that Landlord requests such removal and Tenant fails to remove same or to repair any damage caused thereby, Tenant agrees to reimburse and pay Landlord for the reasonable cost of removing same including, without limitation, reasonable charges for overhead and damage. All of the Alterations remaining on the Premises after the date on which the Term ends, or erect at such sooner termination date, shall become the property of Landlord. In doing any work of installation, removal, alteration or cause relocation, Tenant shall not harm the Premises or the Building and shall repair all damage or injury that may occur to be erected, the Premises or the Building in connection with such work and shall otherwise comply with Exhibit "E" attached hereto. Tenant agrees in doing any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes such work in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours engage only such labor as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall will not alter the locking system on a door giving entry to the Rented Premises conflict with or cause strikes or allow other labor disturbances among the locking system to Building service employees. Any contractors employed by Tenant for such work shall comply with the requirements of Exhibit "E" ("Landlord's Requirements") annexed hereto and hereby made a part hereof and shall further be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the approved by Landlord in writing before the commencement of such work, but Landlord shall not unreasonably withhold its approval or consent. In all events all such contractors shall be required to employ only union labor in the performance of such work, 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 commencement by Tenant of any damage to or malfunction work as set forth in this subsection 7.D., Tenant must obtain, at its sole cost and expense, all necessary permits, authorizations, licenses and other approvals required by the various governmental authorities. Upon completion of any Detectors supplied by such work, Tenant shall pay to Landlord an amount equal to ten percent (10%) of the Landlord and the Landlord agrees cost of such work, to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing the cost of coordination and final inspection of the equipmentwork.
Appears in 1 contract
Sources: Lease Agreement (Kroll Inc)
Alterations. The Tenant(s) Tenant shall not at any time during the Term of this Lease make any alterations openings in or other alteration or improvement to remodel the roof or decorate exterior walls of the Building or make any alteration, addition or improvement to the Premises or any portion of the Rented Premisesthereof (hereinafter collectively referred to as “Alterations”) without in each instance, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of Landlord; provided, however, upon notice to, but without the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination requirement of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of Landlord, Tenant shall have the right to make Alterations to the interior of the Premises where same are non-structural, do not require openings in or other alteration or improvement to the roof, exterior walls or other structural components of the Building, do not adversely affect any Building system, and do not exceed FIFTY THOUSAND AND NO/100 DOLLARS (550,000.(X)) in the aggregate in any twelve (12)-month period. In the event Tenant requests Landlord’s consent to make any Alteration which does not involve openings in or other alterations or improvements to the roof, Landlord shall not unreasonably withhold its consent to the Alteration. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) No Alterations to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing insurance coverage required under Section 9.2 hereof. Any Alterations by Tenant hereunder shall be done in a good and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord workmanlike manner in writing compliance with any Legal Requirements. Upon completion of any damage to Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or malfunction neglect of any Detectors supplied other person or corporation (public or private), except Landlord, its agents, employees or contractors. Before commencing any Alterations, involving an estimated cost of more than FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00): (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord (such approval shall not be unreasonably withheld or delayed); (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and subject to the reasonable approval of Landlord; (d) evidence of insurance as required by Article IX hereof; and (f) such other requirements as Landlord may reasonably require to be satisfied. Prior to the commencement of any construction activity for which Landlord’s consent shall be required, certificates of such insurance coverages shall be provided to Landlord and the renewal certificates shall be delivered to Landlord agrees to service same, provided the malfunction is not due prior to the expiration date of the respective policies. Notwithstanding the foregoing, no Alterations of any kind shall be made which would (i) change the general design, use, character or structure of the Premises or any part thereof; (ii) decrease the size of the Premises or any part thereof; (iii) reduce or impair, to any material extent, the value, rentability or usefulness of the Premises or constitute waste; or (iv) give to any owner, lessee or occupant of any other property or to any other person or corporation any easement, right-of-way or any other right over the Premises. Any Alteration shall be made with reasonable dispatch and in a good and workmanlike manner and in compliance with all applicable permits and authorizations and buildings and zoning laws and with all other Legal Requirements. If any work does not comply with the provisions of this Lease, Landlord may, by notice to Tenant, require that Tenant stop the work and take steps necessary to cause corrections to be made, or Landlord may, itself, perform the work, at Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentcost.
Appears in 1 contract
Sources: Industrial Building Lease (Factory Card & Party Outlet Corp)
Alterations. The Tenant(s) Tenant shall in no event make or permit to be made any ----------- alteration, modification, substitution or other change of any nature to the mechanical, electrical, plumbing, HVAC , and sprinkler systems within or serving the Premises. After completion of Tenant's Improvements within the Premises, Tenant shall not make or permit any alterations other improvements, alterations, fixed decorations, substitutions or modifications, structural or otherwise, to remodel the Premises or decorate any portion of the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises Building ("Alterations") without the prior written approval of Landlord. Landlord shall not unreasonably withhold or delay its consent to Alterations which do not affect the structural, mechanical, plumbing or electrical elements or systems of the Building and which are not visible from outside the Premises, provided such work conforms with the design criteria, standards and architectural guidelines for the Building. Landlord's approval shall include the conditions under which acceptable Alterations may be made. The Tenant(s) 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 at any time paint include the Rented initial Tenant's Improvements placed within the Premises pursuant to Section 5.
1. All Alterations shall be based on complete plans and specifications prepared and submitted by Tenant to Landlord for approval, except in any dark colour the instance of cosmetic changes, such as blackpainting and carpeting, brownin which case Tenant shall provide Landlord with samples showing colors, dark blue, purplestyles, etc. Upon termination All Alterations shall be made by Landlord at Tenant's sole cost, payable by Tenant, as Additional Rent, within thirty (30) days after receipt of an invoice for same from Landlord, which cost shall include Landlord's standard construction management fee. Tenant shall be responsible for the tenancy, Tenant(s) will remove cost of any alterations and decorating and restore additional improvements within the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Common Area required by The Americans with Disabilities Act of 1990 as a result of Tenant’s occupancy 's Alterations. If Tenant makes any Alterations without the prior written consent of Landlord, then, in addition to Landlord's other remedies, Landlord may correct or remove such Alterations and Tenant shall pay the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service samecost thereof, provided the malfunction is not due to the Tenant’s removal of or failure to replace the batteryas Additional Rent, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmenton demand.
Appears in 1 contract
Sources: Massachusetts Full Service Office Lease (Harbor Global Co LTD)
Alterations. The Tenant(s) shall not make any alterations to remodel or decorate any portion of the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) 10.1 Tenant shall not at any time paint during the Rented Term make any alterations to the Premises without first obtaining Landlord's written consent thereto, which consent Landlord shall not reasonably withhold or delay; provided, however, that Landlord shall not be deemed unreasonable by refusing to consent to any alterations which are visible from the exterior of the Building or the Project, which will or are likely to cause any weakening of any part of the structure of the Premises, the Building or the Project or which will or are likely to cause damage or disruption to the Central Systems or which are prohibited by any underlying ground lease or mortgage. Notwithstanding the foregoing, Landlord's prior approval will not be required for any cosmetic, alterations to the interior of the Premises which are not visible from the exterior of the Premises which are either cosmetic in nature (such as floor or wall coverings) or are nonstructural in nature and do not affect any Central Systems and cost less than Five Thousand Dollars ($5,000), provided Landlord receives prior notice thereof and the other conditions set forth in this Article X are satisfied. Should Tenant desire to make any alterations to the Premises, Tenant shall submit all plans and specifications for such proposed alterations to Landlord for Landlord's review before Tenant allows any such work to commence, and Landlord shall promptly approve or disapprove such plans and specifications for any of the reasons set forth in this Section 10.1 or for any other reason reasonably deemed sufficient by Landlord. Tenant shall select and use only contractors, subcontractors or other repair personnel from those listed on Landlord's approved list maintained by Landlord in the Project management office. Upon Tenant's receipt of written approval from Landlord, and upon Tenant's payment to Landlord of a reasonable fee prescribed by Landlord for the work of Landlord and Landlord's employees and representatives in reviewing and approving such plans and specifications, Tenant shall have the right to proceed with the construction of all approved alterations, but only so long as such alterations are in strict compliance with the plans and specifications so approved by Landlord and with the provisions of this Article 10. All alterations shall be made at Tenant's sole cost and expense, either by Tenant's contractors or, at Tenant's option, by Landlord on terms reasonably satisfactory to Tenant, including a fee of ten percent (10%) of the actual costs of such work to cover Landlord's overhead and a fee for Landlord's agent or manager in supervising and coordinating such work. In no event, however, shall anyone other than Landlord or Landlord's employees or representatives perform work to be done which affects the Central Systems.
10.2 All construction, alterations and repair work done by or for Tenant shall (a) be performed in such a manner as to maintain harmonious labor relations; (b) not adversely affect the safety of the Project, the Building or the Premises or the systems thereof and not affect the Central Systems; (c) comply with all building, safety, fire, plumbing, electrical, and other codes and governmental and insurance requirements; (d) not result in any dark colour usage in excess of Building Standard of water; electricity, gas, or other utilities or of heating, ventilating or air-conditioning (either during or after such work) unless prior written arrangements satisfactory to Landlord are made with respect thereto; (e) be completed promptly and in a good and workmanlike manner and in compliance with all rules and regulations promulgated by Landlord; and (f) not disturb Landlord or other tenants in the Building. After completion of any alterations to the Premises, Tenant will deliver to Landlord a copy of "as blackbuilt" plans and specifications depicting and describing such alterations.
10.3 All Leasehold Improvements, brownalterations and other physical additions made to or installed by or for Tenant in the Premises shall be and remain Landlord's property (except for Tenant's furniture, dark bluepersonal property and movable trade fixtures) and shall not be removed without Landlord's written consent; provided, purplehowever, etc. Upon Landlord may, by notice to Tenant given concurrently with Landlord's approval of any alterations or physical additions made to the Premises after the Commencement Date, elect to require Tenant to remove same upon the expiration or earlier termination of the tenancyTerm of this Lease. Tenant agrees to remove, Tenant(s) will at its sole cost and expense, all of Tenant's furniture, personal property and movable trade fixtures, and, if directed to or permitted to do so by Landlord in writing, all, or any part of, the alterations and other physical additions made by Tenant to the Premises, on or before the Expiration Date or any earlier date of termination of this Lease. Tenant shall repair, or promptly reimburse Landlord for the cost of repairing, all damage done to the Premises or the Building by such removal. Any alterations or physical additions made by Tenant which Landlord does not direct or permit Tenant to remove at any time during or at the end of the Term shall become the property of Landlord at the end of the Term without any payment to Tenant. Landlord reserves the right to require Tenant to remove any alterations or physical additions made by Tenant to which Landlord did not expressly consent. If Tenant fails to remove any of Tenant's furniture, personal property or movable trade fixtures by the Expiration Date or any sooner date of termination of the Lease or, if Tenant fails to remove any alterations and decorating and restore the Rented Premises other physical additions made by Tenant to the same condition and colours as it was Premises which Landlord has in writing directed Tenant to remove, Landlord shall have the right, on the date fifth (5th) day after Landlord's delivery of commencement written notice to Tenant to deem such property abandoned by Tenant and to remove, store, sell, discard or otherwise deal with or dispose of such abandoned property in a commercially reasonable manner. Tenant shall be liable for all costs of such disposition of Tenant's abandoned property, and Landlord shall have no liability to Tenant in any respect regarding such property of Tenant. The provisions of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) Section 10.3 shall not alter survive the locking system on a door giving entry to the Rented Premises expiration or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent any earlier termination of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentthis Lease.
Appears in 1 contract
Sources: Assignment and Assumption Agreement (BofI Holding, Inc.)
Alterations. The Tenant(s) Tenant shall not make any structural alterations or improvements in or additions ("Alterations") to remodel the Premises or decorate make any portion changes to locks on doors or add to, disturb or in any way change any of the Rented wiring or plumbing in the Premises or the Building, without first obtaining the written consent of Landlord, and, when appropriate, in accordance with plans and specifications approved by Landlord, which consent shall not be unreasonably withheld. All such Alterations shall be at the sole cost and expense of Tenant and shall be performed by contractors or mechanics approved by Landlord, which consent shall not be unreasonably withheld. All work with respect to any such Alterations shall be done in good and workmanlike manner, shall be of a quality equal to or exceeding the then existing construction standards for the Building and must be of a type, and the floors and ceilings must be finished in a manner, customary for general office use and 14 other uses common to similar office buildings in the vicinity. Such Alterations shall be diligently prosecuted to completion. All such Alterations shall be made strictly in accordance with all laws, regulations and ordinances relating thereto, and no interior improvements installed by Landlord in the Premises (including Tenant's Work) may be removed unless the same are promptly restored to a condition similar or better. Landlord hereby reserves the right to require any contractor or mechanic working the Premises to provide lien waivers and liability insurance covering such Alterations to the Premises. Tenant shall give Landlord ten (10) days' written notice of the commencement of any Alterations and agrees to allow Landlord and its Lender to enter the Premises at reasonable times and post appropriate notices to avoid liability to contractors or material suppliers for payment for such Alterations. Notwithstanding anything contained herein to the contrary. Tenant may make any nonstructural interior Alterations that do not adversely affect the value of the Premises, the structural integrity of the Building or erect any Building system without Landlord's consent. No Alterations shall adversely affect either the strength or cause exterior appearance, or the mechanical, electric or plumbing services of the Building. Tenant shall reimburse Landlord for any reasonable sums expended by Landlord for examinations and approval of architectural or mechanical plans and specifications of the Alterations. Tenant shall also reimburse Landlord for reasonable direct costs incurred during any inspection of the Alterations. All damages or injury done to the Premises or Building by Tenant or by any persons who may be erected, any structure in, about, in or upon the Rented PremisesPremises or Building with the express or implied consent of Tenant, including but not limited to, installation to the cracking or breaking of any wallsglass of windows and doors, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations be paid for by Tenant and decorating and restore the Rented Premises Tenant shall pay for all damage to the same condition and colours as it was on the date Building caused by negligent acts or omissions of commencement of this Tenancy AgreementTenant or Tenant's officers, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service samecontractors, provided the malfunction is not due to the Tenant’s removal of or failure to replace the batteryagents, invitees, licenses, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentemployees.
Appears in 1 contract
Sources: Lease Agreement (Freeshop Com Inc)
Alterations. The Tenant(s) a. Tenant shall not make any alterations alterations, additions or improvements to remodel or decorate any portion of the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, Premises (including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises to roof and wall penetrations) without the prior written consent of the Landlord. The Tenant(sNotwithstanding anything herein to the contrary, Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect or make non-structural improvements or alterations with a total value of less than $50,000.00 provided that (i) the improvements or alterations do not affect the sprinkler system or electrical system of the Building, (ii) Tenant provides Landlord with notice prior to commencing such improvements or alterations, (iii) the improvements or alterations do not affect the exterior of the Premises, (iv) the improvements or alterations do not alter the basic character of the Building or overload or damage the Building, (v) the improvements or alterations comply with all applicable governmental laws, ordinances, regulations and other requirements, (vi) Tenant does not require access to any portion of the Building outside of the Premises, and (vii) Tenant provides Landlord with "as built" drawings for any improvements or alterations made by Tenant. Any alterations, additions or improvements made by or on behalf of Tenant to the Premises and approved by Landlord ("Tenant Alterations") shall be made by contractors reasonably acceptable to Landlord pursuant to plans and specifications approved by Landlord. Tenant shall reimburse Landlord for its reasonable costs in reviewing plans and specifications for Tenant's alterations in an amount not at to exceed $500.00 provided that Landlord is not required to hire an outside consultant to review such plans and specifications. Landlord's right to review plans and specifications shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or the Tenant Alterations constructed pursuant thereto comply with applicable laws, codes, rules or regulations. Tenant shall provide Landlord with the identities and mailing addresses of all persons performing work or supplying materials in connection with the Tenant Alterations, prior to beginning such construction. Tenant shall assure payment for the completion of all work in connection with the Tenant Alterations free and clear of liens and shall provide certificates of insurance for worker's compensation and other coverage in amounts and from an insurance company satisfactory to Landlord protecting Landlord against liability for personal injury or property damage during construction of any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etcTenant Alterations. Upon completion of any Tenant Alterations, Tenant shall deliver to Landlord sworn statements setting forth the names of all contractors and subcontractors who performed work on the Tenant Alterations and final lien waivers from all such contractors and subcontractors. Tenant Alterations shall also include improvements and alterations made by Tenant without the requirement of Landlord's approval.
b. All Tenant Alterations shall be and remain the property of Tenant during the Term of this Lease and Tenant shall, if Landlord elects as hereinafter provided, remove all Tenant Alterations and restore the Premises to its original condition by the date of termination of this Lease or upon earlier vacating of the Premises; provided, however, that unless Landlord elects and notifies Tenant at the time of its review and approval of proposed Tenant Alterations that such Tenant Alterations must be removed, such Tenant Alterations shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. Notwithstanding the foregoing, Tenant shall have the right to remove all Tenant Alterations (other than the Tenant Improvements or any replacements of the Tenant Improvements) at the expiration or earlier termination of the tenancyLease unless Landlord notifies Tenant at the time Landlord approves such Tenant Alteration(s) that Tenant shall not be entitled to remove such Tenant Alteration(s) at the expiration or earlier termination of this Lease. All shelves, Tenant(s) will remove any alterations bins, machinery and decorating and restore the Rented Premises trade fixtures installed by Tenant may be removed by Tenant prior to the same condition termination of this Lease if Tenant so elects, and colours as it was on shall be removed by the date of commencement termination of this Tenancy AgreementLease or upon earlier vacating of the Premises if required by Landlord. Upon any such removal Tenant shall restore the Premises to its original condition, reasonable ordinary wear and tear excepted. Tenant(s) All such removals and restoration shall be accomplished in a good and workmanlike manner so as not alter to damage the locking system on a door giving entry primary structure or structural qualities of the Building and the improvements situated in the Premises.
c. Notwithstanding anything to the Rented contrary set forth in this Lease, Landlord shall have the right to require Tenant to restore those areas of the Premises constituting the testing area (which Landlord and Tenant agree contains approximately 30,000 square feet of space based on the Working Drawings; provided that such square footage shall be subject to adjustment based on any changes to the Working Drawings or cause or allow changes to the locking system to be altered testing area during the Tenant’s occupancy without Term of this Lease) to the prior written consent condition of the Landlordwarehouse space constituting the Premises, which restoration shall include raising sprinkler heads, installation of warehouse lights, painting exposed walls white, demising the office area from the testing area and performing any electrical adjustments required for the office area to function independently from the remaining portion of the Premises. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt In the event Landlord elects to require Tenant to restore the testing area to warehouse space, Landlord shall give notice to Tenant of smoke alarm(s) such election not less than 60 days prior to the expiration of this Lease, and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees in the event the Lease is terminated prior to immediately the scheduled Termination Date, Landlord shall notify Tenant of such restoration requirement upon the Landlord in writing termination of any damage to or malfunction of any Detectors supplied by the Landlord and the this Lease. Landlord agrees that subject to service sameTenant's compliance with the terms and conditions of this Paragraph 7, Tenant shall be entitled to (i) construct up to 42,000 square feet of office space in the Premises (i.e., an additional 27,000 square feet than initially contemplated under this Lease), and (ii) construct additional test area space in the Premises; provided that at the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing end of the equipmentTerm, the Premises contain at least 15,000 square feet of office area.
Appears in 1 contract
Alterations. The Tenant(s(a) Tenant shall not make any alterations, improvements or additions to the Premises or attach any fixtures or equipment thereto, without the Landlord's prior written approval, not to be unreasonably withheld. All alterations, 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. Tenant may affix pictures and shelving to the walls without Landlord's consent.
(b) All alterations, improvements or additions to the Premises made by Tenant shall be deemed to have been attached to the Premises and to have become the property of Landlord upon such attachment, and upon expiration of this Lease or renewal term thereof, Tenant shall not remove any of such alterations, improvements or additions; provided, however, that Landlord may designate by written notice to Tenant at the time Tenant requests consent those alterations and additions which shall be removed by Tenant at the expiration or termination of this Lease, and Tenant shall properly remove the same and repair any damage to remodel the Premises caused by such removal. Notwithstanding anything in this Lease to the contrary, all furniture, trade fixtures and equipment installed by or decorate for Tenant may be removed by Tenant at any portion of the Rented Premisestime.
(c) In performing such alterations, improvements or additions, or erect in the removal thereof, Tenant shall use due care to cause as little damage or cause injury as possible to be erected, the Premises and the Building and shall repair all damage or injury that may occur to the Premises or the Building as a result thereof.
(d) ▇▇▇▇▇▇ agrees in doing any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes such work in or about the Rented Premises without to engage only such labor as will not conflict with or cause strikes or other labor disturbances among the Development service employees of Landlord. Any contractors employed by Tenant shall be subject to Landlord's prior written consent of the approval, not to be unreasonably withheld. 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. The Tenant(s.
(e) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises Prior to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing by Tenant of any damage to or malfunction of any Detectors supplied work as set forth in this Article, Tenant shall obtain, at ▇▇▇▇▇▇'s sole cost and expense, all necessary permits, authorizations and licenses required by the Landlord and various governmental authorities having jurisdiction over the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentPremises.
Appears in 1 contract
Alterations. The Tenant(s) Tenant shall not make or allow to be made any alterations material alterations, additions or improvements to remodel the Premises (defined as alterations, additions or decorate improvements costing in excess of $10,000.00 individually or in the aggregate with respect to separate items relating to the same improvement or alteration or any portion alterations, additions or improvements that affect the structure or exterior of the Rented PremisesBuilding or any building, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any wallsmechanical, electrical outlets flooring or changes in or about life safety system), other than the Rented Premises Tenant Improvements during the Term, without obtaining the prior written consent of the Landlord. The Tenant(s) Landlord which consent shall not be unreasonably withheld, conditioned or delayed, provided that such consent may be withheld in Landlord’s sole discretion with respect to any alteration, addition or improvement that adversely affects the structure or exterior of the Building or any building, mechanical, electrical or life safety systems (as determined by Landlord in Landlord’s business judgment); provided, further, if the only adverse affect of a proposed alteration, addition or improvement is to the structural integrity of the roof of the Building, Landlord’s consent shall not be unreasonably withheld to such alteration, addition or improvement so long as Tenant, at Tenant’s sole cost and expense, pays for the cost of such structural upgrades to the roof as Landlord determines appropriate in Landlord’s business judgment. Tenant shall deliver to Landlord the contractor’s name, references and state license number, a certificate of liability insurance naming Landlord and Landlord’s manager and lender(s) as an additional insured, as well as full and complete plans and specifications of all such alterations, additions or improvements, and any time paint subsequent modifications or additions to such plans and specifications, and no proposed work shall be commenced or continued by Tenant until Landlord has received and given its written approval of each of the Rented foregoing. Landlord shall either approve or disapprove any proposed alteration, addition or improvement on or before thirty (30) days following receipt of all of the foregoing items. Landlord does not expressly or implicitly covenant or warrant that any plans or specifications submitted by Tenant are accurate, safe or sufficient or that the same comply with any applicable laws, ordinances, building codes, or the like. Further, Tenant shall indemnify, protect, defend and hold Landlord and Landlord’s agents, employees and contractors and the Building harmless for, from and against any loss, damage, liability, claims, cost or expense, including attorneys’ fees and costs, incurred as a result of any defects in design, materials or workmanship resulting from Tenant’s alterations, additions or improvements to the Premises. All alterations, telephone or telecommunications lines, cables, conduits and equipment and all other additions or improvements to the Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon made by Tenant shall remain the property of Tenant until termination of the tenancyLease, Tenant(s) will at which time they shall, unless otherwise elected by Landlord by written notice to Tenant, be and become the property of Landlord. Landlord may, as a condition to approval of any such new alterations, additions or improvements, require Tenant to remove any alterations such new partitions, counters, railings, telephone and decorating telecommunications lines, cables, conduits and restore equipment and/or other improvements installed by Tenant during the Rented Premises Term, and Tenant shall repair all damage resulting from such removal or, at Landlord’s option, shall pay to Landlord all costs arising from such removal; provided that Tenant shall have the right prior to the same condition and colours as it was on making of any Alteration to request in writing that Landlord notify Tenant within ten (10) business days of the date of commencement Tenant’s request whether Landlord will require the removal of such Alteration at the expiration or sooner termination of this Tenancy Agreement, reasonable wear and tear exceptedLease. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent obligation to remove any portion of the LandlordTenant Improvements is governed by Section 3.1(c). SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) All repairs, alterations, additions and CO2 detectors (collectively termed “Detectors”) restorations by Tenant hereinafter required or permitted shall be done in a good and maintenance information workmanlike manner and agrees to immediately notify in compliance with the plans and specifications approved by Landlord and in writing compliance with all applicable laws and ordinances, building codes, bylaws, regulations and orders of any damage federal, state, county, municipal or other public authority and of the insurers of the Premises and as-built plans and specifications shall be provided to or malfunction Landlord by Tenant upon completion of the work. Tenant shall reimburse Landlord for Landlord’s reasonable charges (including any Detectors supplied professional fees incurred by the Landlord and the a reasonable administrative fee as established by Landlord agrees from time to service same, provided the malfunction is not due to the Tenant’s removal of time) for reviewing and approving or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord disapproving plans and specifications for any expenses incurred for replacement or servicing of the equipmentproposed alterations.
Appears in 1 contract
Sources: Lease Agreement (Planar Systems Inc)
Alterations. The Tenant(s) shall not Landlord is under no obligations to make any alterations to remodel alterations, decorations, additions, improvements, demolitions or decorate any portion of the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or other changes in or about to the Rented Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the prior written consent of Landlord, and (ii) when required by any mortgagee, the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of any mortgagee maintaining an interest in the LandlordLeased Premises. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or malfunction of any Detectors supplied petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of payment thereof or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing filing of the equipmenta bond acceptable to Landlord.
Appears in 1 contract
Alterations. The Tenant(s) Tenant shall not make any alterations alterations, additions or improvements to remodel or decorate any portion of the Rented PremisesPremises (collectively, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises “Alterations”) without the prior written consent of Landlord (which consent shall not be unreasonably withheld or delayed), except for (a) the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Premises and (b) Alterations that are cosmetic in nature and do not affect the Building’s Structure or any Building’s System, do not require permits, and are anticipated to cost less than $25,000 (“Permitted Alterations”). Tenant shall furnish complete plans and specifications to Landlord for its approval at the time Tenant requests ▇▇▇▇▇▇▇▇’s consent to any Alterations. Subsequent to obtaining Landlord’s consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by applicable Law and a copy of the executed construction contract(s). Tenant shall give written notice to Landlord at least ten (10) Business Days prior to beginning any construction, and Landlord may post on and about the Premises or the Project notices of non-responsibility pursuant to applicable Laws. Tenant shall reimburse Landlord within thirty (30) days after the rendition of a bill for all of Landlord’s actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting and construction fees incurred by or on behalf of Landlord for the review and approval of Tenant’s plans and specifications and for the monitoring of construction of the Alterations not to exceed three percent (3%) of the hard costs of such Alterations. If Landlord consents to the making of any Alteration, such Alteration shall be made by Tenant at Tenant’s sole cost and expense by a contractor reasonably approved in writing by Landlord. The Tenant(s) Without Landlord’s prior written consent, Tenant shall not use any portion of the Common Areas in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Project in order to comply with any applicable Laws, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such alterations and/or improvements. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the Premises upon the expiration or sooner termination of this Lease, unless Landlord requires the removal of such Alterations. Notwithstanding the foregoing, upon ▇▇▇▇▇▇’s written request at any the time paint it seeks Landlord’s consent to an Alteration, Landlord agrees to indicate in writing whether it will require such Alteration to be removed upon the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon expiration or earlier termination of the tenancyLease. If Landlord requires the removal of such Alterations, Tenant(s) will Tenant shall at its sole cost and expense, prior to the Expiration Date or the last day of the Renewal Term (as defined in Exhibit G), as the case may be, or earlier termination of this Lease, remove all or any alterations portion of any Alterations made by Tenant which are designated by Landlord to be removed and decorating repair and restore the Rented Premises in a good and workmanlike manner to the same condition and colours as it was on the date of commencement of this Tenancy Agreementtheir original condition, reasonable wear and tear exceptedexcepted (collectively, the “Removal and Restoration Work”); provided, however, at Landlord’s election, in lieu of having Tenant perform the Removal and Restoration Work, Tenant shall pay Landlord, within five (5) days following Landlord’s demand, an amount equal to the actual out-of-pocket cost of performing the Removal and Restoration Work, and Landlord shall have the right (but not the obligation) to perform such work on Tenant’s behalf. Tenant(sAll construction work done by Tenant within the Premises shall be performed in accordance with all Laws, in a good and workmanlike manner with new materials of first-class quality, lien-free, and in such manner as to cause a minimum of interference with the transaction of business at the Project. All work which may affect the Building’s Structure or the Building’s Systems, at Landlord’s election, must be performed by ▇▇▇▇▇▇▇▇’s usual contractor for such work. All work affecting the roof of the Project must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce the warranty on the roof. In all events, Tenant shall be required to use union labor in connection with any initial improvements and all Alterations. ▇▇▇▇▇▇ agrees to indemnify, defend and hold Landlord, its Affiliates, Harvest Properties, Inc. (“Harvest”), Cerberus Real Estate Capital Management, LLC, a Delaware limited liability company (“Cerberus”), and Landlord’s Property Manager, and their respective officers, directors, partners, members, shareholders, employees and agents (collectively, the “Indemnitees”) harmless against any loss, liability or damage resulting from such work performed by or at the request of Tenant (except for the Work), and Tenant shall, if requested by Landlord, furnish a bond or other security satisfactory to Landlord against any such loss, liability or damage. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Landlord’s consent to or approval of any Alterations (or the plans therefor) shall not alter constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the locking same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be solely responsible for ensuring all such compliance. All voice, data, video, audio and other low voltage control transport system on cabling and/or cable bundles installed in the Building by Tenant or its contractor shall be (i) plenum rated and/or have a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the composition make-up suited for its environmental use in accordance with NFPA 70/National Electrical Code; (ii) labeled every 3 meters with Tenant’s occupancy without name and origination and destination points; (iii) installed in accordance with all EIA/TIA standards and the prior written consent National Electric Code; and (iv) installed and routed in accordance with a routing plan showing “as built” or “as installed” configurations of the Landlordcable pathways, outlet identification numbers, locations of all wall, ceiling and floor penetrations, riser cable routing and conduit routing (if applicable), and such other information as Landlord may reasonably request. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees routing plan shall be available to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and its agents at the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentProject upon request.
Appears in 1 contract
Sources: Lease Termination Agreement (Spruce Biosciences, Inc.)
Alterations. The Tenant(s) Tenant shall not make alterations, additions or improvements to the Premises or install any alterations to remodel cable in the Premises or decorate any portion other portions of the Rented PremisesProject (collectively, or erect or cause to be erected, any structure in, about, or upon “Alterations”) without first obtaining the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) Landlord (which approval shall not be unreasonably withheld, conditioned or delayed). Prior to starting work on any Alteration, Tenant shall furnish to Landlord for review and approval (which approval shall not be unreasonably withheld, conditioned or delayed): plans and specifications; names of proposed contractors (provided that Landlord may designate specific contractors with respect to Project systems); copies of contracts; necessary permits and approvals; and evidence of contractors’ and subcontractors’ insurance which shall comply with the requirements regarding insurance imposed by this Lease. Changes to the plans and specifications must also be submitted to Landlord for its approval (which approval shall not be unreasonably withheld, conditioned or delayed). Landlord’s approval of an Alteration shall not be a representation by Landlord that the Alteration complies with applicable Laws or will be adequate for Tenant’s use. Alterations shall be constructed in a good and workmanlike manner in accordance with Laws and Regulations and insurance requirements and using materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Project. Tenant shall reimburse Landlord for out-of-pocket sums paid by Landlord for third party examination of Tenant’s plans for Alterations. Notwithstanding the foregoing, Landlord’s consent shall not be required for any time paint the Rented Premises in any dark colour Alteration that is of a cosmetic nature such as black, brown, dark blue, purple, etc. Upon termination painting and carpeting; or will not affect the systems or structure of the tenancyProject, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system including work to be altered during performed inside the Tenant’s occupancy without walls or above the prior written consent ceiling of the LandlordPremises, as long as the cost thereof does not exceed $10,000.00 for each such Alteration (collectively, “Permitted Alteration”). SMOKE DETECTORS & CO2 DETECTORS: The Tenant(sNo later than thirty (30) acknowledges receipt days after completion of smoke alarm(s) the Alterations (except Permitted Alterations), Tenant shall furnish stamped and CO2 detectors permitted “as-built” plans (collectively termed “Detectors”) hard copy and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied AutoCAD format), along with inspection card signed by the Landlord building department, completion affidavits, full and final (unconditional) waivers of liens, receipts and bills covering all labor and materials. With respect to all Alterations, Tenant shall (and shall cause its contractors to) comply with the Landlord agrees “Tenant Interior Improvement Construction Rules and Regulations” handbook that has been provided to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors Tenant by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentLandlord.
Appears in 1 contract
Alterations. The Tenant(sTenant will not make or permit anyone to make any alterations, additions or improvements, structural or otherwise, in or to the Leased Premises or the Building, without first obtaining the written consent of Landlord which consent may be granted or withheld in Landlord's sole and absolute discretion. In the event Landlord consents to any such alterations, etc., TENANT SHALL HAVE THE RIGHT TO UTILIZE A CLASS-A GENERAL CONTRACTOR APPROVED BY LANDLORD IN WRITING OR, IF TENANT REQUIRES LANDLORD TO PERFORM THE WORK, Tenant shall be obligated to pay Landlord the cost thereof plus ten percent (10%) for overhead and FIVE percent (5%) for profit, payable fifty percent (50%) upon commencement and fifty percent (50%) upon completion. Such payments shall be deemed to be Additional Charges hereunder. In the event Landlord grants such consent and permits Tenant to contract out such work, such alterations shall be performed by adequately insured contractors approved by Landlord and in a good and workmanlike manner in accordance with all applicable Requirements, and Tenant shall indemnify and hold harmless Landlord from and against any and all costs, expenses, claims, liens and damages to person or property resulting from the making of any such alterations, decorations, additions or improvements in or to the Leased Premises or the Building. Tenant shall not make permit a mechanic's lien or liens to be placed upon the Leased Premises or the Building as a result of any alterations to remodel or decorate improvements made by it and agrees, if any portion such lien be filed on account of the Rented Premisesacts of Tenant, promptly to pay the same. In the event Tenant fails to pay any such lien, it may be paid by Landlord without releasing Tenant and the cost charged to Tenant as additional rent under this Lease. If any such alterations, decorations, additions or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises improvements are made without the prior written consent of the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will Landlord may correct or remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear Tenant shall be liable for any and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) all costs and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the expenses incurred by Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentsuch removal.
Appears in 1 contract
Alterations. The Tenant(s) Tenant, at its sole cost, may install necessary trade fixtures, equipment and furniture in the Premises (it being agreed that such installation shall not make be deemed an Alteration), provided that the installation and removal of them will not adversely affect any alterations to remodel or decorate any structural portion of the Rented PremisesProperty, any Building System or erect any other equipment or cause facilities serving the Building. Except for any Alterations or Tenant Maintenance work that, in either instance, (a) does not exceed $50,000.00 in any one instance, (b) does not require a building permit or other similar instrument issued by the applicable governmental authority having jurisdiction, and (c) does not affect any Building System or any structural components of the Building, Tenant shall not construct, nor allow to be erectedconstructed, any structure in, about, Alterations or upon Tenant Maintenance work in the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring Premises or changes in on the Property or about the Rented Premises Project without obtaining the prior written consent of the Landlord. The Tenant(s) , which consent shall not at be unreasonably withheld, conditioned or delayed. With respect to any time paint Alterations or Tenant Maintenance work made by or on behalf of Tenant (whether or not it requires Landlord’s consent): (a) not less than 10 days prior to commencing any Alteration or Tenant Maintenance work, Tenant shall deliver to Landlord the Rented Premises plans, specifications and necessary permits for the Alteration or Tenant Maintenance work; (b) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, not to be unreasonably withheld, conditioned or delayed; (c) the Alteration or Tenant Maintenance work shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Applicable Laws and the plans and specifications delivered to and, if required hereunder, approved by Landlord; (d) the Alteration or Tenant Maintenance work shall be completed promptly after the commencement thereof; and (e) Tenant shall pay Landlord all reasonable and actual out of pocket costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications that affects any dark colour structural portion of the Property or any Building System; and (f) if the cost of the Alteration or Tenant Maintenance work exceeds $500,000.00 (excluding the cost of any equipment being installed as a part thereof), then upon Landlord’s request (which request shall take into consideration Tenant’s then tangible net worth), in the exercise of Landlord’s reasonable discretion, Tenant shall, prior to commencing any Alteration or Tenant Maintenance work, provide Landlord reasonable security against liens arising out of such as black, brown, dark blue, purple, etcconstruction. Upon completion, Tenant shall furnish Landlord with (i) “as-built” plans (in CAD format, if requested by Landlord) for Alterations (at Landlord’s expense), completion affidavits and full and final waivers of lien, and (ii) the warranties from Tenant’s contractor(s), which shall be for the benefit of Landlord as well as Tenant. Any Alteration by Tenant shall be the property of Tenant until the expiration or earlier termination of this Lease and Tenant shall have the tenancyright, Tenant(sbut not the obligation to remove same at such time unless if, with respect to any specialty Alteration only, such removal is directed by Landlord at the time of its consent to an Alteration (which shall not be unreasonably required) will in which case, Tenant, at its sole cost, shall remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(ssuch specialty Alteration(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any repair all damage to or malfunction of any Detectors supplied caused by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made installation or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentthereof.
Appears in 1 contract
Sources: Single Tenant Triple Net Lease (Prelude Therapeutics Inc)
Alterations. The Tenant(sTenant shall have the right to make improvements, additions, alterations and modifications to the Premises ("Alteration") from and after the Commencement Date of this Lease with the consent of Landlord, which consent shall not make be unreasonably withheld and shall be deemed given if not reasonably withheld by Landlord in a writing delivered to Tenant within fifteen (15) days after delivery to Landlord of Tenant's request for Landlord's consent; provided however, that Tenant shall not be required to obtain Landlord's consent to any alterations to remodel or decorate any portion Alteration does not affect structure of the Rented Building and costs Five Thousand Dollars ($5,000) or less. All Alterations shall be constructed in accordance with applicable Laws and at Tenant's own expense. Subject to paragraph 8.D, Tenant will indemnify and defend Landlord from all liens, claims or damages caused by Tenant's construction of Alterations to the Premises. All Alterations shall remain the property of Tenant during the Lease Term and may be removed from the Premises at any time. Landlord shall have no lien or other interest whatsoever in any such Alteration or on any equipment, trade fixtures or personal property installed in the Premises by Tenant at its cost (collectively "Tenant's Property"); and within ten (10) days following receipt of a written request, Landlord shall execute documents in reasonable form to evidence such waiver by Landlord of any right, title, fine, or erect or cause interest in the Tenant's Property located in the Premises. Tenant shall restore all damage to be erectedthe Premises caused by any removal of Tenant's Property. Within ten (10) days following a request by Tenant, Landlord shall inform Tenant whether it reserves the right to any structure in, about, or Alteration installed by Tenant removed from the Premises by Tenant upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentLease.
Appears in 1 contract
Sources: Lease (Amnis Systems Inc)
Alterations. The Tenant(s) With the exception of Tenant’s Work (as defined herein), Tenant shall not make any alterations to remodel or decorate any portion of the Rented Premisesmake, or erect or cause to be erectedmade, any structure inalterations, about, additions or upon improvements to the Rented Premises, including but not limited to, installation Property (all of any walls, electrical outlets flooring or changes in or about the Rented Premises foregoing being referred to as an “Alteration”) without delivering to Landlord the proposed plans and specifications for the Alteration and obtaining the prior written consent approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall be allowed to make non-structural alterations that do not affect the Building’s utility systems up to $50,000 or less in any single year to the Property without obtaining Landlord’s prior written approval. Any Alteration shall be made at Tenant’s sole cost and expense and in a good and workmanlike manner in accordance with the Laws relating to the Alteration, any insurance policies and underwriting requirements and reasonable rules issued by Landlord in the future with respect to construction, and free from any claim or claims for construction liens. Tenant shall indemnify and hold Landlord harmless from and against any and all claims, liens, costs and expenses on account of the Alteration. Tenant shall provide Landlord with evidence of insurance in amounts and coverage reasonably satisfactory to Landlord, naming Landlord as an additional insured for all work associated with the Alteration. The Tenant(s) All Alterations shall become Landlord’s property, upon termination of this Lease. However, as a condition to consent to the Alteration, Landlord, at the time Landlord provides its consent to such Alteration, may require that the Alteration be removed by Tenant at the termination of this Lease, and that the Property be returned to the condition that existed prior to the Alteration (any such Alterations designated by Landlord for removal in its written approval, being “Required Removables”). If Landlord does not designate any Required Removables in its notice of approval of such Alterations, then Tenant shall not at any time paint the Rented Premises in any dark colour be required to remove such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentAlterations.
Appears in 1 contract
Sources: Lease (SANUWAVE Health, Inc.)
Alterations. The Tenant(s) Except with respect to any Tenant Work, which shall be performed pursuant to Exhibit B, below, Tenant shall not make any alterations to remodel or decorate any portion of the Rented Premises, or erect or cause to be erectedmade any alterations, any structure inadditions, aboutrenovations, improvements or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes installations in or about to the Rented Leased Premises (“Alterations”) without Landlord’s prior consent, which such consent may be granted or withheld in Landlord’s reasonable discretion and which consent shall not be unreasonably conditioned or delayed, unless expressly provided herein to the contrary. Tenant shall in no event make or permit to be made any Alterations that materially affect (i) any of the Building Systems, (ii) the structural components of the Building including, without limitation, the roof, (iii) the exterior appearance of the Building or (iv) the Tower Parking Garage or Common Parking Garage (collectively, the “Restricted Alterations”), without the prior written consent of Landlord, which may be granted or withheld in Landlord’s sole and absolute discretion. Notwithstanding the Landlord. The Tenant(sforegoing, Tenant may make cosmetic Alterations within the Leased Premises that are not otherwise Restricted Alterations that cost up to Fifty Thousand Dollars ($50,000.00) shall not at any time paint in the Rented Premises aggregate annually, as long as such Alterations comply with all applicable Laws, are consistent in any dark colour appearance with the Operating Standard and such as blackAlterations are removed, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to the Leased Premises repaired as required hereunder, prior to the expiration of the Term; provided, however, that such repair and restoration obligation shall not apply to paint or malfunction carpet or other Alterations that are not Specialized Leasehold Improvements (as defined below). If Landlord consents to any such Alterations by Tenant and such Alterations are Restricted Alterations, then Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord, not to exceed two percent (2%) of the hard costs of construction of any Detectors supplied by such Restricted Alterations. If, however, such Alterations are not Restricted Alterations, then Landlord shall have the right (but not the obligation) in its sole discretion to review the plans, specifications and design drawings with respect to such work, and Tenant shall pay to Landlord and the Landlord agrees a reasonable fee to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any overhead and administrative costs and expenses incurred for replacement or servicing of the equipmentin connection with such review, not to exceed $5,000.
Appears in 1 contract
Alterations. The Tenant(s) A. Except for the alterations and improvements as set forth in Exhibit D which is attached hereto and made a part hereof, Tenant shall not make any alterations alterations, installations, additions, improvements or decorations to remodel the Premises ("Alterations") without Landlord's prior written consent. In the case of Alterations not affecting the structure or decorate the electrical, plumbing, heating, ventilating, air conditioning, communication, life, safety or any other systems of the Building, such consent shall not be unreasonably denied, delayed or conditioned.
B. If Tenant makes any Alterations, the following conditions shall apply:
(1) Tenant, at a reasonable time prior to commencement of work or delivery of materials to the Premises or Building, shall furnish to Landlord plans and specifications, necessary approvals and permits, names and addresses of all contractors and subcontractors, and liability insurance from all contractors performing labor or furnishing materials insuring Landlord against any and all liabilities which may arise out of such work.
(2) Tenant shall perform or cause such work to be performed in a manner which will not interfere with or impair the use and enjoyment of any other portion of the Rented Building by Landlord and/or other tenants.
(3) At such time as Landlord approves Tenant's plans for any alterations, additions or improvements, Landlord shall also advise Tenant whether all or part of the work must be removed by Tenant at the expiration or earlier termination of this Lease; provided, however, that any such items designated by Landlord as items to be removed from the Premises shall be limited to special installations, equipment, alterations or improvements and/or other non-Building standard items. Landlord reserves the right to direct, by written notice to Tenant given prior to the expiration of the Term or any Renewal Term, that items which Landlord had designated as items to be removed by Tenant may be redesignated as items which will not be removed by Tenant. With respect to items which are to be removed by Tenant, Tenant shall repair any damage caused by such removal and, in default thereof, Landlord may effect such removals and repairs at Tenant's expense.
(4) Tenant shall hold Landlord harmless from any and all costs, claims and liabilities of every kind and description which may arise out of or be connected in any way with any Alterations.
(5) Tenant shall pay the cost of all such Alterations and the costs of decorating or redecorating g the Premises and the Building occasioned by such Alterations.
(6) Upon completing any Alterations, Tenant shall use its best efforts to furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used.
(7) All Alterations shall comply with all insurance requirements and with all laws, ordinances, rules and regulations of all governmental authorities, and shall be constructed in good and workmanlike manner, and only good grades of materials shall be used.
(8) If any work done pursuant to this Paragraph results in a change in the heating, cooling or ventilating load in the Premises, Tenant shall, at its expense but at Landlord's option either modify the existing systems or erect provide supplementary systems necessary to accommodate such changed loads.
(9) Tenant shall permit Landlord to inspect and review all construction operations in connection with such work.
(10) Under no circumstances shall Tenant or cause to be erected, any structure in, about, its contractors disturb the ceiling tiles or upon enter the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about area above the Rented Premises ceiling tiles without the prior Landlord's written consent of the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentsupervision.
Appears in 1 contract
Alterations. The Tenant(s) Subtenant shall not make any alterations to remodel or decorate any portion of the Rented Premises, or erect or cause to be erectedmade any alterations, additions or improvements to the Premises (or any structure inchanges to the Improvements) without both (a) the prior written consent of Sublandlord, aboutwhich consent shall not be unreasonably withheld, delayed or upon conditioned and (b) the Rented Premisesprior written consent of Prime Landlord; provided, including but not limited tohowever, installation that Subtenant shall be permitted to make or cause to be made any changes to the Premises without Sublandlord's prior written consent if (a) such alterations, additions or improvements to the Premises are permitted to be made by Sublandlord under Section 12 of any walls, electrical outlets flooring or changes in or about the Rented Premises Prime Lease without the prior written consent of the Prime Landlord. The Tenant(s, or (b) shall not at any time paint the Rented Premises in any dark colour such as blackalterations, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises additions or improvements to the same condition and colours as it was on Premises are in accordance with the design specifications provided to Sublandlord prior to the date of commencement of this Tenancy Agreement, reasonable wear and tear exceptedhereof. Tenant(s) shall not alter If Subtenant obtains the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of Sublandlord to a proposed alteration, Subtenant shall also obtain Prime Landlord's approval (at Subtenant's sole expense) for any alterations made or contractor services used in the Premises in accordance with the provisions of the Prime Lease, and, as part of such consent, Subtenant shall also obtain Prime Landlord's written notice regarding whether removal of such alterations will be required by Prime Landlord as part of the surrender obligations under the Prime Lease, as provided in Section 12 of the Prime Lease. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges In the event Subtenant requests Sublandlord's consent to any alterations, additions or improvements to the Premises, Sublandlord shall notify Subtenant within 10 days after receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees Subtenant's notice as to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due whether Sublandlord consents to the Tenant’s removal alterations, additions or improvements to the Premises. Failure of Sublandlord to respond within such 10 day period shall be deemed a consent to such alterations, additions or failure improvements to replace the batteryPremises. Sublandlord shall not object to any proposed alterations, additions or tampering improvements to the Premises on the basis of aesthetic considerations provided that such alterations, additions or adjustments made or removal of Detectors by improvements to the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse Premises otherwise comply with all requirements regarding alterations contained in the Landlord for any expenses incurred for replacement or servicing of the equipmentPrime Lease.
Appears in 1 contract
Sources: Sublease (Mp3 Com Inc)
Alterations. The Tenant(s) shall Tenant will not make any alterations, renovations, improvements or other installations in, on or to the Premises or any part thereof that would alter or change any of the structural components or aspects of the Premises (“Structural Alterations”) without Landlord’s prior written approval thereof, which approval Landlord will not unreasonably withhold, condition or delay; provided, however, that Landlord may condition Landlord’s approval on Tenant’s agreement that Tenant, at the expiration or termination of this Lease, at Tenant’s cost, remove all Structural Alterations, repair all damage to the Premises caused by the installation or removal of such Structural Alteration and restore all structural components removed by Tenant. Tenant shall have the right to make any other alterations without obtaining the consent of Landlord but shall make them in a good and workmanlike manner in accordance with all applicable laws, rules and codes and all other valid requirements of appropriate governmental authorities. Unless Landlord at the time of approval shall require removal thereof, all Structural Alterations shall become a part of the Improvements and the property of Landlord upon expiration or other termination of this Lease. All non-structural alterations to remodel the Premises shall become the property of Landlord at the expiration or decorate any portion other termination of the Rented PremisesLease; provided, however, that Landlord at Landlord’s option may require Tenant at Tenant’s cost to remove some or erect or cause all non-structural alterations and to be erected, restore and repair any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior damage caused by such removal. Upon Tenant’s written consent of the Landlord. The Tenant(s) shall not request at any time paint not more than six (6) months before the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination expiration of the tenancyTerm, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) Landlord shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord Tenant in writing of any damage whether Landlord elects to cause the removal by Tenant of some or malfunction all of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentnon-structural alterations.
Appears in 1 contract
Sources: Lease Agreement (Boston Gear LLC)
Alterations. The Tenant(s(a) During the Term, Tenant shall not make any structural exterior alterations to remodel or decorate the Premises (including, without limitation, alterations to the MEP systems serving the Building (Structural Alterations) without Landlord’s prior written consent, which consent shall not be unreasonably withheld. Tenant must provide Landlord with a complete set of plans for any portion proposed Structural Alterations. Tenant shall construct all Structural Alterations in substantial accordance with the approved plans. Notwithstanding the preceding, Tenant will have the right, without Landlord’s consent, to make non-structural alterations (Non-Structural Alterations) to the interior of the Rented Premises. In making any Structural Alterations, Tenant shall notify Landlord at least 30 days prior to commencement of construction; and in making any Structural or erect or cause Non-Structural Alterations, Tenant shall comply with all Legal Requirements and perform same in a good and workmanlike manner. Tenant shall promptly deliver to be erectedLandlord complete and accurate as-built plans for any Structural Alterations. In the event that Tenant’s Non-Structural Alterations consists of moving interior partitions, any structure inTenant shall so notify Landlord; upon Landlord’s written request, aboutTenant shall provide as-built plans for the relocation of such interior partitions.
(b) Tenant’s trade fixtures, or upon furnishings and equipment in the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) shall not will remain Tenant’s property for all purposes and Tenant may remove them at its option and expense at any time paint on or before the Rented Expiration Date. Upon the expiration of the Term or any earlier termination of this Lease, Tenant shall surrender the Premises in good condition and repair, except for ordinary wear and tear, casualty damage, and damage that Landlord has the obligation to repair under the terms of this Lease. The foregoing covenant does not obligate Tenant to remove Structural or Non-Structural Alterations or other leasehold improvements made with respect to the Premises. All Tenant Improvements and other property of Tenant not timely removed from the Premises shall become part of the Premises and will remain with the Premises upon the expiration of the Term or any dark colour such as black, brown, dark blue, purple, etc. Upon earlier termination of this Lease.
(c) Tenant shall defend, indemnify and save harmless Landlord against any and all mechanic’s and other liens filed arising out of any work performed, materials furnished or obligations incurred in connection with Structural or Non-Structural Alterations. If Tenant does not procure the tenancysatisfaction or discharge of all liens for which Tenant is responsible hereunder as and when required by this Lease, Tenant(s) will remove by bonding, payment or otherwise Landlord may, upon 30 days’ prior written notice to Tenant, pay the amount of any alterations and decorating and restore the Rented Premises to lien or discharge the same condition and colours as it was on the date of commencement of this Tenancy Agreementby deposit or, alternatively, by bond or in any manner according to law, together with reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentby Landlord, including all reasonable legal fees and such expenses shall be payable by Tenant as additional rent hereunder within 30 days after demand.
Appears in 1 contract
Alterations. The Tenant(s(a) Subject to the provisions of this subparagraph (a), Tenant shall not make any alterations alterations, additions or improvements to remodel or decorate any portion of the Rented PremisesPremises (including, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld; provided, however, should Tenant submit preliminary plans for making an alteration to the Premises and such plans are in form sufficient for Landlord to review the alteration contemplated by Tenant, Landlord shall respond within ten business days of its receipt of such plans, or the plans and the alteration to be made by Tenant shall be deemed approved. If the plans submitted by Tenant are insufficient for Landlord to review the contemplated alteration, Landlord shall so notify Tenant and Tenant shall revise and resubmit the plans to Landlord but the ten day time period for Landlord to act as aforesaid shall not be deemed to commence until such time as Tenant shall have submitted a sufficient plan to Landlord, as reasonably determined by Landlord. The Tenant(s) All submissions of plans to Landlord under this paragraph 5 shall be sent in accordance with the provisions of paragraph 20 hereof. Landlord may require as a condition to Tenant making any alteration to the Premises that Tenant restore the Premises to its condition as of the Commencement Date prior to Tenant vacating the Premises. 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 and remove and replace interior non-structural walls, as it may deem advisable, without altering the basic character or structure of the Premises or improvements and without overloading or damaging the Premises or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. Tenant shall not make any alterations, additions or improvements to the Premises which will contravene Landlord’s policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in companies acceptable to Landlord. If any such alterations, additions or improvements cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Premises for permitted uses thereof, Tenant shall pay as additional rent the amount of any such increase promptly upon demand by Landlord.
(b) Any and all alterations, additions, improvements, partitions and fixtures erected by Tenant shall be the property of Landlord and shall remain at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon upon termination of the tenancyLease or upon earlier vacating of the Premises. All shelves, Tenant(s) will remove any alterations bins, machinery, trade fixtures and decorating other specialized equipment installed and restore the Rented Premises paid for by Tenant may be removed by Tenant prior to the same condition termination of this Lease provided such removal may be accomplished without damage to the Premises or to the primary structure or structural qualities of the Building and colours as it was other improvements situated on the date of commencement of this Tenancy Agreement, reasonable wear and tear exceptedPremises. Tenant(s) Tenant shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of repair any damage to the Premises, or malfunction to the Building as a result of any Detectors supplied alteration, addition, improvement, or repair to the Premises, or the removal of personal property or trade fixtures by Tenant, its employees, agents, invitees, or contractors to the Premises. Should Tenant fail to conduct any such repair within ten days of written notice from Landlord, Landlord and the Landlord agrees to service may, at its option, perform same, provided the malfunction is not due and Tenant shall remit payment to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses the actual cost and expense incurred for replacement or servicing of the equipmentby Landlord in effecting such repair immediately upon demand.
Appears in 1 contract
Sources: Lease Agreement (Trimeris Inc)
Alterations. The Tenant(s) MAPICS shall not make or suffer to be made any alterations to remodel ----------- alterations, additions, changes or decorate any portion of the Rented Premisesimprovements (collectively "Alterations") in, on, or erect to the Subleased Premises or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises part thereof without the prior written consent of GECC. In the Landlord. The Tenant(s) event GECC consents to MAPICS' performance of any Alterations, the Alterations shall be made at MAPICS' sole cost and expense and in accordance with all applicable laws, statutes, ordinances, rules and regulations, public and private, and all requirements of GECC's and MAPICS' insurance policies, and in accordance with plans and specifications approved by GECC (which approval shall not be unreasonably withheld, delayed or conditioned) prior to MAPICS' performance of the Alterations. At GECC's option, MAPICS shall pay to GECC a fee equal to fifteen percent (15%) of the cost and expense of any Alterations after the Commencement Date; said fee shall (i) be due and payable prior to performance of any Alterations, and (ii) compensate GECC for GECC's coordination, supervision and overhead resulting from said Alterations. Any contractor selected by MAPICS to perform Alterations, and all subcontractors, must first be approved in writing by GECC; moreover, at any time paint GECC's option, the Rented Premises in any dark colour such as black, brown, dark blue, purple, etcnecessary work shall be performed at the direction of GECC for MAPICS' account and MAPICS shall reimburse GECC for the cost thereof upon demand. Upon the expiration or sooner termination of the tenancySublease Term, Tenant(s) will MAPICS shall, upon demand by GECC (and provided GECC conditioned its consent to the Alterations upon same), at MAPICS' sole cost and expense, forthwith and with all due diligence remove any alterations the Alterations made by or for the account of MAPICS and decorating designated by GECC to be removed, and MAPICS shall forthwith and with all due diligence, at MAPICS' sole cost and expense, repair and restore the Rented Subleased Premises to the same condition and colours as it was of the Subleased Premises on the date of commencement of this Tenancy AgreementCommencement Date, reasonable ordinary wear and tear excepted. Tenant(s) Notwithstanding the foregoing, MAPICS shall not alter have the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy right, without the GECC's prior written consent consent, to make nonstructural Alterations involving the nonload-bearing movable walls and cubicles located in the Subleased Premises; provided, however, that prior to making any Alterations of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt type referred to in this sentence, MAPICS shall provide GECC with written notice of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentsaid Alterations.
Appears in 1 contract
Sources: Sublease Agreement (Mapics Inc)
Alterations. The Tenant(s) Tenant shall not, at any time during the Term, make any penetrations of or any material alterations to the Buildings to the extent such proposed penetrations or material alterations affect the roofs or other structural elements of the Buildings or the mechanical systems therein, without Landlord's prior written approval, which shall not make be unreasonably withheld, conditioned or delayed (so long as such proposed work will not void any alterations unexpired warranties). All alterations, decorations, improvements or additions made to remodel the Buildings or decorate any other portion of the Rented Premises or the attachment of any fixtures or equipment thereto shall be performed at Tenant's sole cost and expense. Landlord, at no cost to it, shall cooperate with Tenant's efforts to obtain any permits or certificates from governmental authorities (or private approvals) required or desirable in connection with the making of any changes, alterations and improvements to the Premises, or erect or cause . Tenant shall reimburse Landlord for its out-of-pocket expenses incurred to third party professionals for the review of plans and specifications for any alterations sought to be erectedmade by Tenant requiring Landlord's approval hereunder and for the supervising of such alterations. All alterations, any structure inimprovements, aboutadditions or fixtures, whether installed before or upon after execution of this Lease, shall remain at the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring Premises at the expiration or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon sooner termination of this Lease and become the tenancyproperty of Landlord, Tenant(s) will unless Landlord shall, at the time of providing consent with respect to such alteration, improvement, addition or fixture, have given written notice to Tenant to remove same and repair any alterations damage caused thereby on or before said Termination Date. If Tenant shall fail to so remove same and decorating repair such damage by no later than the Termination Date, Tenant shall reimburse Landlord immediately upon demand for the cost of removing same and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of repairing any damage to the Premises caused by said removal. In doing any such work of installation, removal, alteration or malfunction of relocation, Tenant shall use due care to cause as little damage or injury as possible to the Premises and to repair all damage or injury that may occur to the Premises in connection with such work. Any contractors employed by Tenant for any Detectors supplied work at the Premises must be properly licensed and approved in writing in advance by the Landlord and the Landlord agrees shall carry ▇▇▇▇▇▇▇'▇ compensation insurance, public liability insurance and property damage insurance in amounts, form and content and with companies reasonably satisfactory to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentLandlord.
Appears in 1 contract
Sources: Commercial Lease (Neogenomics Inc)
Alterations. The Tenant(s) Tenant shall not make any permit structural or non-structural alterations to remodel or decorate any portion of the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes additions in or about to the Rented Leased Premises without unless and until the prior written consent plans have been approved by Landlord in writing. As a condition of and at the Landlord. The Tenant(s) shall not at any time paint of such approval, Landlord may require Tenant to remove the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Leased Premises upon termination of this Lease; otherwise, all such alterations or improvements, except movable office furniture and equipment and trade fixtures, shall 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 same condition Leased Premises, Tenant shall ensure that all alterations and colours as it was 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, specifications and working drawings for Tenant's alterations shall create no responsibility or liability on the date part of commencement Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Tenant shall indemnify and save harmless Landlord from all costs, loss or expense in connection with any construction or installation except to the extent caused by Landlord's negligence or intentional acts. 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 construed to constitute a consent by Landlord to the creation of any lien. If any lien is filed against the Leased Premises for work claimed to have been done for, or material claimed to have been furnished to, Tenant, Tenant shall cause such lien to be discharged of record by bonding over or otherwise posting reasonable security to protect Landlord against loss within thirty (30) days after filing. Tenant shall indemnify and save harmless Landlord from all costs, losses, expenses, and attorneys' fees in connection with any such lien. Notwithstanding anything contained herein to the contrary, Tenant shall have the right, without Landlord's consent, and in compliance with all other provisions of this Tenancy Agreementsection, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to make any non-structural alterations to the Rented Leased Premises which do not materially impact the Building's mechanical or cause or allow electrical systems, do not require a building permit, and the locking system aggregate cost of which does not exceed Seven Thousand Dollars ($7,000.00) in any given year, provided that Tenant gives Landlord fifteen (15) business days prior written notice of any such alteration, along with copies of all plans and specifications relating thereto, and provides Landlord with lien waivers for all work, labor and services to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) performed and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees materials to immediately notify the Landlord be furnished in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentconnection with such work.
Appears in 1 contract
Alterations. The Tenant(sAny replacement, alteration, improvement or addition to or removal from the Premises, and any modifications to the Landlord-supplied furniture systems, are collectively referred to in this Lease as “Alterations.” Should Tenant desire to make any Alterations Tenant shall so notify Landlord in writing, and submit with its notice detailed plans and specifications, or detailed drawings for furniture system modifications, depicting them. Landlord shall have the right to approve all such Alterations, which approval shall not be unreasonably withheld or delayed. Landlord shall engage contractors to perform all such Alterations at Tenant’s cost. Landlord will not charge Tenant any construction supervision fee for Alterations. Prior to commencing any Alterations, Landlord shall submit the contractor’s bid to Tenant for its prior approval. Landlord also shall submit any change orders to Tenant for its prior approval. Neither approval of the plans and specifications nor supervision of the Alterations by Landlord shall constitute a representation or warranty by Landlord as to the accuracy, adequacy, sufficiency or propriety of such plans and specifications or the quality of workmanship or the compliance of such Alterations with applicable law. At the time Landlord approves the plans for any Alterations, Landlord shall inform Tenant in writing as to which Alterations, if any, Landlord will require to be removed at the end of the Term, and to the extent Landlord does not so notify Tenant, Tenant shall not be obligated to remove any such Alterations. In no event shall Tenant be obligated to remove any normal office improvements or cabling installed in the Premises. Tenant shall pay the entire cost of the Alterations within twenty (20) days of receipt of Landlord’s billing. Each Alteration, whether temporary or permanent in character (excepting only Tenant’s equipment and trade fixtures) shall not make any alterations become Landlord’s property and shall remain upon the Premises at the [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to remodel the omitted portions. Blackhawk Lease Deer Valley Corporate Center Phoenix, AZ expiration or decorate any portion termination of this Lease (except those Landlord has informed Tenant that Tenant must remove at the end of the Rented PremisesTerm, or erect or cause as provided above) without compensation to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes Tenant. Tenant shall make no Alterations except in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of accordance with this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentSection 7.
Appears in 1 contract
Sources: Office Space Lease (Blackhawk Network Holdings, Inc)
Alterations. The Tenant(s15.1 For each and every alteration, installation, addition or improvement (each, an “Alteration”) Tenant wishes to make, Tenant shall first (i) submit to Landlord a detailed description thereof, and (ii) obtain Landlord’s written approval thereof, except that Landlord’s approval shall not be required for nonstructural interior decorations not affecting the structural, mechanical, electrical or plumbing systems, or any components thereof, of the Building.
15.2 Provided that the proposed Alteration does not in Landlord’s reasonable judgment involve any modification to the Building’s exterior or its structural, mechanical, electrical or plumbing systems or components, such approval shall not be unreasonably withheld, conditioned or delayed, but may be conditioned upon compliance with reasonable requirements of Landlord, including, without limitation, the filing of mechanics’ lien waivers by Tenant’s contractors and the submission of written evidence of commercially reasonable insurance coverage naming Landlord as an additional insured thereunder. Landlord may withhold its approval in its absolute and sole discretion with respect to each such Alteration which Landlord determines involves any modification to the Building’s exterior or its structural, electrical, mechanical or plumbing systems or any components thereof.
15.3 Tenant shall see that all Alterations in the Premises shall comply with all applicable present and future Requirements (as defined in Article 11). Landlord’s review and/or approval of plans, drawings, and specifications shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency or compliance with all Requirements.
15.4 Tenant shall not permit any financing statement or statements to be filed with respect to any of the foregoing Alterations. All Alterations made by Tenant and all fixtures attached to the Premises by Tenant (including any generator but other than Tenant’s removable trade and business fixtures and equipment) shall not make remain at the Premises at the expiration or sooner termination of this Lease and become the property of Landlord, unless Tenant elects to remove same and repair any alterations damage caused by such removal. Notwithstanding anything in this Lease to remodel the contrary, in no event shall Tenant be obligated to remove the Tenant Work or decorate any portion thereof or any Alteration.
15.5 All Alterations shall be performed at Tenant’s cost by or one or more contractors approved by Landlord (in its reasonable discretion). Tenant shall be responsible for obtaining all governmental approvals, permits and/or licenses with respect to any Alteration. All Alterations shall be made in accordance with the following requirements of the Rented Premises, or erect or cause Work Letter (except any references to Tenant Work shall be deemed to be erectedto the applicable Alteration and references to a certificate of occupancy shall be included only to the extent required by law): II.6 (a), any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s(d) and (e); II.7; II.8; II.10; II.
15.6 This Section 15 shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises apply to the same condition and colours as it was on the date of commencement of this Tenancy AgreementTenant Work, reasonable wear and tear excepted. Tenant(s) which shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied governed by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentWork Letter.
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Alterations. The Tenant(s) Tenant shall not make any alterations to remodel or decorate any portion of the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or no changes in or about to the Rented Premises demised premises of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not adversely affect utility services or plumbing and electrical lines, in or to the interior of the demised premises by using contractors or mechanics first approved by Landlord. The Tenant(s) shall not All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time paint either by Tenant or by Landlord on Tenant's behalf [ILLEGIBLE] installation, become the Rented Premises in any dark colour such 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 black, brown, dark blue, purple, etc. Upon the termination of this lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, the tenancysame shall be removed from the premises by Tenant prior to the expiration of the lease, Tenant(s) will remove 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 alterations such from the premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and decorating at its expense, repair and restore the Rented Premises premises to the same condition existing prior to installation and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of repair any damage to the demised premises or malfunction of any Detectors supplied 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 the Landlord Tenant agrees to service samecarry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, provided general liability, personal and property damage insurance as Landlord may reasonably require. If any mechanic's lien or U.C.C. financing statement is filed against the malfunction is not due to the Tenant’s removal of or failure to replace the batterydemised premises, or tampering the building of which the same forms a part, for work claimed to have been done for, or adjustments made materials furnished to, Tenant, whether or removal of Detectors not done pursuant to this article, the same shall be discharged by Tenant within ten days after notice, at Tenant's expense, by filing the Tenant(s) bond required by law or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentotherwise.
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Alterations. The Tenant(s) Tenant shall not make any alterations or improvements to remodel or decorate any portion of the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Leased Premises without the prior written consent of the Landlord. The Tenant(s) , which consent shall not be unreasonably withheld, conditioned or delayed. However, Tenant at any time paint its own cost and expense, without the Rented creation of mechanic's or materialman's liens, and in a good workmanlike manner, may make such minor alterations as it may deem advisable. Such minor alterations shall be without altering the basic character or structure of the building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations, and other requirements. At the termination of this Lease Agreement, Tenant shall, if Landlord so elects by written notice at least 30 days before such termination (unless such termination occurred because of Tenant's default), remove all alterations that are of a nature or scope that would cause the next user or occupant of the Leased Premises in any dark colour to incur demolition and removal expenses substantially greater than would be normal and typical for similar space (such as blackraised concrete floors, brownvaults, dark blueinstalled heavy machinery, purplepermanently installed inventory racks, etcor other special purpose equipment). Upon termination Otherwise, such improvements shall be delivered up to Landlord in their "as is" condition at the end of the tenancyterm of this Lease, Tenant(s) will remove except for any damage resulting from waste caused by Tenant or Tenant's failure to perform its obligations under this Lease. All such removals and restoration shall be accomplished under the same standards as HALLIBURTON COMPANY AGREEMENT AND PLAN OF RECAPITALIZATION APPENDIX V-10 is set forth above in this paragraph for any alterations, except that Tenant shall not be obligated to restore any nonstructural damage caused by Tenant's removal of any alterations and decorating and restore the Rented Premises that Tenant is required to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service sameremove, provided that such removal is performed in a reasonable manner and with due care under the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentcircumstances.
Appears in 1 contract
Sources: Agreement and Plan of Recapitalization (Halliburton Co)
Alterations. The Tenant(s) Lessee shall not make or permit any alterations to remodel or decorate any portion of the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in on or about the Rented Premises Demised Premises, except for nonstructural alterations not exceeding Twenty-Five Thousand ($25,000.00) Dollars in cost per calendar year, without the prior written consent of the Landlord. The Tenant(s) Lessor, and according to plans and specifications approved in writing by Lessor, which consent shall not at any time paint the Rented Premises in any dark colour such as blackbe unreasonably withheld. With regard to alterations not requiring Lessor's consent, brown, dark blue, purple, etc. Upon termination Lessee shall provide Lessor with copies of the tenancy, Tenant(s) will remove any alterations all plans and decorating and restore the Rented Premises specifications therefor prior to the same condition and colours as it was on construction thereof. Notwithstanding the date of commencement of this Tenancy Agreementforegoing, reasonable wear and tear excepted. Tenant(s) Lessee shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy not, without the prior written consent of the LandlordLessor, make any: (i) Alterations to the structure or exterior of the Building; (ii) Alterations to and penetrations of the roof of the Buildings and (iii) Alterations visible from outside the Demised Premises to which Lessor may withhold Lessor's consent on wholly aesthetic grounds. SMOKE DETECTORS & CO2 DETECTORSAll alterations shall be installed at Lessee's sole expense, in compliance with all applicable laws and regulations, by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the Demised Premises existing as of the commencement date hereof, and shall not diminish the value of either the building or the Demised Premises. All alterations made by Lessee shall be and become the property of Lessor upon installation and shall not be deemed Lessee's personal property: The Tenant(s) acknowledges receipt provided, however, that Lessor shall at the time consent for the alterations is requested, notify Lessee whether Lessee must at the expiration or earlier termination of smoke alarm(s) the Demised Term, remove, at Lessee's expense, any or all alterations installed by Lessee and CO2 detectors (collectively termed “Detectors”) return the Demised Premises to their condition prior to the installation of such alterations, normal wear and tear excepted. Notwithstanding any other provision of this Lease, Lessee shall be solely responsible for the maintenance information and agrees to immediately notify the Landlord in writing repair of any damage and all alterations made by it to the Demised Premises. Lessee shall give Lessor written notice of Lessee's intention to perform work on the Demised Premises, whether or malfunction not Lessor's consent is required, at least twenty (20) days prior to the commencement of such work to enable Lessor to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any Detectors supplied by such work, Lessor, at Lessor's option at the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of expiration or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing earlier termination of the equipmentDemised Term, may require Lessee to remove some or all of any alterations installed without Lessor's consent.
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Alterations. The Tenant(s) Lessor agrees that Lessee may at its own expense, from ----------- time to time during the term hereof, make such interior alterations and changes in and to the Leased Premises, as it finds necessary or convenient for its purposes, provided that such interior alterations, additions or changes shall not lessen the value of the building in which the Leased Premises is located; provided, however, that Lessee shall not make any structural changes or alterations to remodel or decorate any portion non-structural changes or alterations costing in excess of $7,500.00 without the prior written consent of Lessor, which shall not be unreasonably withheld or delayed. Any structural alterations, additions and changes shall remain on the Leased Premises at the end of the Rented Premisesterm of this Lease, or erect any renewal term hereof, and shall be considered as improvements to and become a part of the real estate of Lessor. Lessee agrees that any interior alterations, additions and changes aforesaid made by it will be erected or cause made in a first-class, workmanlike manner and all shall be subject to be erected, any structure in, about, or upon the Rented Premises, including but terms and conditions of this Lease. Lessee may not limited to, installation of any walls, electrical outlets flooring or changes in or about expand the Rented Leased Premises without the prior written consent of Lessor. It is understood and agreed, however, that all trade equipment, machinery and fixtures of every kind and description placed in and upon the Landlord. The Tenant(s) Leased Premises by Lessee during the term of this Lease, shall not be and remain personal property belonging to Lessee, and, at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon expiration or termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement term of this Tenancy AgreementLease, reasonable wear or any renewal hereof, Lessee shall have the right to remove such personal property from the Leased Premises, and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) restore and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of repair, at its expense, any damage to or malfunction of any Detectors supplied the Leased Premises directly caused by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal such items of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentpersonal property.
Appears in 1 contract
Alterations. The Tenant(s) Tenant shall not make any alterations alterations, improvements or additions of any kind or nature to remodel the Premises or decorate any portion part thereof which affect the structural components, mechanical, electrical or HVAC components or the roof of the Rented Building except with the prior approval of Landlord, which approval shall be in Landlord's sole discretion. Tenant may make material alterations, improvements or additions to the Premises or any part thereof which do not affect the structural components, mechanical, electrical or HVAC components or the roof of the Building, provided Tenant has received the prior approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant may make alterations, improvements or additions to the Premises or any part thereof which are not material and do not affect the structural components, mechanical, electrical or HVAC components or the roof of the Building, without prior approval of Landlord. All alterations, improvements and additions to the Premises shall be made in accordance with the plans and specifications prepared by Tenant and approved by Landlord and in accordance with all applicable building codes. The approval by Landlord of the plans and specifications shall not constitute the assumption of any liability on the part of Landlord for their compliance or conformity with applicable building codes and the requirements of this Lease or for their accuracy, and Tenant shall be solely responsible for such plans and specifications. Such alterations, improvements and additions to the Premises shall be done in a good workmanlike manner using first-quality materials and shall at once when made or installed be deemed to have attached to the fee and to have become the property of Landlord (excluding all of Tenant's furniture, fixtures and equipment, regardless of the method of installation in the Premises) and shall remain for the benefit of Landlord at the end of the Term, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement other expiration of this Tenancy AgreementLease, in as good order and condition as they were when installed, reasonable wear and tear excepted. Tenant(s) Tenant shall not alter require its contractor and subcontractors to furnish Landlord Certificates of Insurance evidencing insurance coverages with the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) limits as specified and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord referenced in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentExhibit "C".
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Alterations. The Tenant(s(a) Tenant shall not make any alterations to remodel alterations, installations, changes, replacements, additions or decorate any portion of the Rented Premises, improvements (structural or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes otherwise) in or about to the Rented Demised Premises or any part thereof without the prior written consent of Landlord.
(b) The Tenant shall provide the Landlord in timely manner with complete working drawings of any improvements or alterations within the Demised Premises approved by the Tenant. Any such improvements or alterations shall be constructed in a reasonable period of time after receipt of such working drawings by the Landlord at the expense of Tenant, unless the Landlord expressly waives its right to perform such construction. Any revision or modification to the approved drawings after commencement of construction shall be grounds for a reasonable extension of the period of construction within the Demised Premises. In the event that the Tenant shall fail to provide drawings which it has approved in sufficient time to permit completion of construction within the Demised Premises prior to the lease commencement date, the lease commencement date shall not be extended, and Tenant shall take possession of the Demised Premises and commence rental payments as otherwise provided herein, without abatement of any kind, even though construction may not be complete, nor an occupancy permit issued.
(c) It is expressly understood that all alterations, installations, or improvements, including wall-to-wall carpet, upon or within the Demised Premises (whether with or without the Landlord. The Tenant(s) 's consent), shall not remain upon the Demised Premises and shall be surrendered with the Demised Premises at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination expiration of the tenancyLease without disturbance, Tenant(s) will remove any alterations and decorating and restore molestation or injury, or, at the Rented Premises election of the Landlord shall be removed by the Tenant at its cost prior to the same condition and colours as it was on the date of commencement lease termination. Should Landlord elect that alterations, installations, changes, replacements, additions to or improvements made by Tenant without the Landlord's consent upon the Demised Premises be removed upon termination of this Tenancy AgreementLease, reasonable wear Tenant hereby agrees to cause the same to be removed at Tenant's sole cost and tear exceptedexpense and to restore the Demised Premises to its original condition and should Tenant fail to remove the same, then and in such event Landlord may cause same to be removed at Tenant's expense and Tenant hereby agrees to reimburse Landlord for the cost of such removal together with any and all damages which Landlord may suffer and sustain by reason of the failure of the Tenant to remove the same, which cost and damages shall be deemed to be Additional Rent.
(d) In the event Landlord shall permit the Tenant to make any alterations, said alterations shall be performed in a good and workmanlike manner in accordance with all applicable legal requirements.
(e) If any mechanic's lien is filed against the Demised Premises or the Property for work or material claimed to have been done for, or furnished to, Tenant, such mechanic's lien shall be discharged by Tenant within ten (10) days thereafter, at Tenant's sole cost and expense by payment thereof or posting such bond or paying such amount as will effect a release of such lien. Tenant(s) If Tenant shall fail to discharge or obtain the release of any such mechanic's lien, Landlord may, at its option, discharge or release the same and treat the cost thereof as Additional Rent payable with the monthly installment of Rent next becoming due; and such discharge or release by Landlord shall not alter be deemed to waive the locking system on a door giving entry to default of Tenant in not discharging or releasing the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlordsame. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) Tenant shall indemnify and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the hold Landlord and the Landlord agrees holders of any mortgages or deeds of trust on the Property harmless from and against any and all expenses, liens, claims or damages to service same, provided the malfunction is not due to the Tenant’s removal of person or failure to replace the battery, property which may or tampering or adjustments made or removal of Detectors might arise by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing reason of the equipmentmaking of any alterations.
Appears in 1 contract
Sources: Lease Agreement (CVC Inc)
Alterations. The Tenant(s) Tenant shall not make or permit to be made any alterations alterations, additions or improvements in, upon or to remodel the Leased Premises or decorate the Common Areas, or any portion part of the Rented PremisesLeased Premises or the Common Areas, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of Landlord, which cannot be unreasonably withheld, conditioned or delayed. In the event such consent is obtained, all such alterations, additions or improvements shall be performed at the expense of Tenant in a good, workmanlike manner, free from faults and defects and in accordance with all applicable laws and building codes and plans and specifications approved by Landlord. The Tenant(s) In the event that any alterations, additional or improvements are approved, Tenant shall be responsible for and promptly repair any damage done to the Leased Premises arising out of the approved alterations, additions or improvements. Tenant shall not at allow any time paint construction liens to attach to the Rented Leased Premises or the Property in connection with any dark colour such as blackalteration, brownand the failure of Tenant to have any such ▇▇▇▇ released or bonded within twenty-one (21) days after written notice from Landlord shall constitute a default under this Lease. In addition, dark blue▇▇▇▇▇▇ shall indemnify, purpledefend and hold Landlord harmless from any and all costs and expenses incurred by Landlord in connection with such construction liens, etcincluding, without limitation, attorneys’ fees and costs of litigation. Upon termination All alterations, additions or improvements (except trade fixtures) so made and installed by Tenant shall become part of the tenancyrealty, Tenant(s) will remove any alterations shall become the property of Landlord and decorating and restore shall remain for the Rented Premises to benefit of Landlord at the same condition and colours as it was on end of the date of commencement term or other expiration of this Tenancy AgreementLease in as good condition as they were when installed, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry ; provided, however, that, notwithstanding anything to the Rented Premises contrary contained in Paragraph, any such alteration, addition or cause improvement remaining at the end of the term or allow the locking system to other expiration of this Lease shall, upon written demand made by Landlord, be altered during the removed by ▇▇▇▇▇▇, at Tenant’s occupancy without expense, and Tenant shall repair any damage caused by such removal, restoring the Leased Premises to their condition prior written consent to the making of such alteration, addition or improvement. Any alterations, additions or improvements shall be made by qualified, licensed contractors that have been approved in writing by Landlord prior to commencement of the work and such contractors shall carry appropriate insurance coverage as is reasonably required by Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipment.
Appears in 1 contract
Sources: Lease Agreement
Alterations. The Tenant(s(a) Tenant shall not make any alterations alterations, interior decorations, improvements or additions to remodel the Premises or decorate attach any portion fixtures or equipment thereto, without the Landlord's prior written approval. 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 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 Premises by Tenant, and any fixtures, furniture and equipment caused to be installed by Tenant, during and at the expiration of the Rented PremisesLease 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 erect any renewal term thereof, may request that Tenant remove any of said alterations, interior decorations, improvements or cause additions caused to be erectedmade to the 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 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 structure indamage 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, aboutTenant 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 upon at such sooner termination date due to any default of Tenant, shall become the Rented Premisesproperty of Landlord.
(b) In doing any such work of installation, including but not limited toremoval, installation of 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 walls, electrical outlets flooring or changes such work in or about the Rented Premises without to use its best efforts to engage only such labor as will not conflict with or cause strikes or other labor disturbances among the prior written consent Building service employees of the Landlord. The Tenant(s) If Landlord elects not to perform the work, any contractors employed by Tenant for such installations shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify 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 damage to or malfunction of any Detectors supplied work as set forth in this paragraph, Tenant must obtain, at its sole cost and expense, all necessary permits, authorizations and licenses requited by the Landlord and various governmental authorities having jurisdiction over the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentPremises.
Appears in 1 contract
Sources: Real Property Lease Agreement (World Health Alternatives Inc)
Alterations. The Tenant(sAfter Lessee's initial occupancy of the Demised Premises and installation of Lessee's approved pre-occupancy tenant work, Lessee shall make no alterations, installations, additions or improvements (herein collectively called Alterations) in or to the Demised Premises or the Building without Lessor's prior written consent. Consent by Lessor to Lessee's Alterations shall not make be unreasonably withheld, except that Lessor may withhold its consent for any alterations reason with regard to remodel or decorate any portion requested Alterations by Lessee which affect the structure of the Rented PremisesBuilding or the mechanical, plumbing or erect electrical systems of the Building. Lessee, at its sole cost and expense, must provide Lessor with a copy of the original or cause revised full floor mechanical and electrical plans for the floor or floors on which the Alterations are to be erectedmade, revised by the Building architect and engineers to show Lessee's proposed Alterations. If any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises such Alterations are made without the prior written consent of Lessor, Lessor may correct or remove the Landlordsame, and Lessee shall be liable for any and all expenses incurred by Lessor in the performance of this work. The Tenant(s) All Alterations shall be made at Lessee' s sole expense, at such times and in such manner as Lessor may designate, and only by such contractors or mechanics as are approved in writing by Lessor. Approval of contractors or mechanics by Lessor, which approval will not be unreasonably withheld, shall be based upon the contractors or mechanics being properly licensed, their financial posture, experience and past job performance. Lessor, at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon expiration or earlier termination of the tenancyterm of the Lease, Tenant(s) will may elect to require Lessee to remove all or any alterations and decorating and restore part the Rented Premises Alterations made by Lessee subsequent to the same condition and colours as it was on Commencement Date, unless Lessor agrees in writing not to require the date removal of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter any Alterations at the locking system on a door giving entry time Lessor consents to the Rented Premises or cause or allow the locking system to Alterations. Removal of Lessee's Alterations shall be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) at Lessee's cost and CO2 detectors (collectively termed “Detectors”) expense and maintenance information Lessee shall, at its cost and agrees to immediately notify the Landlord in writing of expense, repair any damage to the Demised Premises or malfunction the Building caused by such removal. Lessee shall remove, at its sole expense, all of Lessee's property, including Lessee's bank vault, at the expiration or earlier termination of the Lease. In the event Lessee does not remove Lessee's property at the expiration or earlier termination of the Lease, such property shall become the property of Lessor. In the event Lessee fails to remove its property or the Alterations requested to be removed by Lessor on or before the expiration, or earlier termination, of the term of the Lease, then and in such event, Lessor may remove Lessee's property and Alterations from the Demised Premises at Lessee's expense and Lessee hereby agrees to reimburse Lessor, as additional rent, for the cost of such removal together with any Detectors supplied and all damages which Lessor may suffer and sustain by reason of the Landlord failure of Lessee to remove the same. Said amount of additional rent and the Landlord agrees to service same, provided the malfunction is not cost of Lessor's damages shall be due to the Tenant’s removal and payable upon receipt by Lessee of or failure to replace the battery, or tampering or adjustments made or removal a written statement of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentcosts from Lessor.
Appears in 1 contract
Alterations. The Tenant(s) Tenant shall not make any permit alterations to remodel costing more than $10,000, or decorate any portion affecting the structural elements of the Rented PremisesBuilding or Building systems, or erect or cause to be erectedunless and until Landlord has approved the plans therefor in writing, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) which approval shall not at any time paint be unreasonably withheld. As a condition of such approval, Landlord may require Tenant to remove the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Leased Premises upon termination of this Lease; otherwise, all such alterations shall at Landlord’s option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the original construction of the Building. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the same condition Leased Premises, and colours as it was on the date of commencement of nothing in this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) Lease shall not alter the locking system on a door giving entry be construed to constitute Landlord’s consent to the Rented creation of any lien. If any lien is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to Tenant, Tenant shall cause or allow the locking system such lien to be altered during discharged of record within fifteen (15) days after receipt of notice thereof. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys* fees in connection with any construction or alteration and any related lien. Notwithstanding anything to the contrary contained herein, Tenant shall have the right, from lime to time without Landlord’s consent, but with notice to Landlord, to perform alterations that do not cost more than $ 10,000 and that do not affect the structural elements of the Building or the Building systems (i.e. infrastructure), provided however, Tenant shall have no obligation to provide notice to Landlord to perform alterations costing less than $10,000 which do not affect the structural elements of the Building or the Building systems. For clarification purposes, Tenant does not need Landlord’s consent or to provide notice to Landlord to paint and install wall coverings, install workstations, equipment, and/or carpet and other floor coverings, replace the existing exterior door that will become Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentmain office entrance.
Appears in 1 contract
Alterations. The Tenant(s) shall Except for the Tenant Improvements, Tenant will not make any alterations alterations, additions or improvements to remodel or decorate any portion of the Rented PremisesPremises (including, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises roof and wall penetrations without the prior written consent of Landlord (not to be unreasonably withheld, 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, movable lab benches, equipment, trade fixtures (defined as any fixtures used by Tenant in its specific business and not paid for by Landlord) and other non-structural interior improvements as it may deem advisable, without altering the basic character or 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 will contravene Landlord’s policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in companies reasonably acceptable to Landlord. The Tenant(sIf 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) shall 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 all alterations, additions, improvements, partitions and fixtures erected by Tenant will be the property of Landlord and will remain at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon upon termination of the tenancyLease or upon earlier vacating of the Premises. All shelves, Tenant(s) bins, machinery, trade fixtures, and other interior non-structural improvements installed by Tenant will remove any alterations remain the personal property of Tenant and decorating and restore the Rented Premises may be removed by Tenant prior to the same condition and colours as it was on the date of commencement termination of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry Lease provided such removal may be accomplished without damage to the Rented Premises or cause or allow Building that cannot be repaired by Tenant as set forth in this subparagraph. Prior to vacating the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of Premises, Tenant will repair any damage to the Premises or malfunction Building as a result of any Detectors supplied alteration, addition, improvement, or repair to the Premises, or the removal of personal property or trade fixtures by the Tenant, or any Tenant Party. Should Tenant fail to conduct any such repair within ten (10) days of written notice from Landlord, Landlord and the Landlord agrees to service may, at its option, perform same, provided and Tenant will remit payment to Landlord for the malfunction is not due actual cost and expense incurred by Landlord in effecting such repair promptly upon demand. Tenant will have no authority, express or implied, to the Tenant’s removal create or place any lien or encumbrance of any kind or failure to replace the batterynature whatsoever upon, or tampering in any manner to bind, the interest of Landlord in the Premises or adjustments made or removal of Detectors by to charge the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord rentals payable hereunder for any expenses incurred claim in favor of any person dealing with ▇▇▇▇▇▇, including those who may furnish materials or perform labor for replacement any construction or servicing repairs, and each such claim will affect and each such lien will attach to, if at all, only the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the equipmentPremises at the request of Tenant on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of Landlord in the Premises or under the terms of this Lease.
Appears in 1 contract
Alterations. The Tenant(s) shall Except as permitted under Section 12, supra, Tenant agrees that it will not make any alterations (whether structural or otherwise), improvements, additions, repairs, or changes to remodel the interior or decorate any portion exterior of the Rented PremisesPremises during the Term of this Lease without in each instance obtaining Landlord's prior written consent. Together with each request for consent, Tenant shall present to Landlord reasonably detailed plans and specifications for such proposed alterations, improvements, additions, repairs or changes; provided, however, approval of such plans and specifications by Landlord shall not constitute any assumption of responsibility by Landlord for their accuracy of sufficiency, and Tenant shall be solely responsible for such items. All alterations, improvements, additions, repairs, or erect changes shall be done either by or cause to be erectedunder the direction of Landlord, any structure inbut at the expense of Tenant. All alterations, aboutimprovements, additions, repairs, or changes made by Tenant, shall, unless Landlord gives notice to Tenant to remove the same, remain upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring Premises at the expiration or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon earlier termination of the tenancy, Tenant(sTerm of this Lease and shall become the Property of Landlord immediately upon installation thereof. The same shall remain the property of Landlord (without any obligation of Landlord to pay compensation therefor) will unless Landlord gives Tenant written notice to remove any alterations or all of the aforesaid, in which event Tenant shall remove at Tenant's expense such of the same as may be specified in Landlord's notice to Tenant, and decorating and Tenant shall promptly restore the Rented Premises to the same good order and condition and colours as it was on at the date of commencement of the Term of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(sLease except (i) shall not alter the locking system on a door giving entry to the Rented extent the Premises or cause or allow the locking system is not required to be altered during repaired and/or maintained by Tenant and (ii) damage by fire or other casualty to the Tenant’s occupancy without the prior written consent of the extent there is actually paid to Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees , to immediately notify the Landlord in writing of repair any damage to the Premises, sufficient net proceeds for policies of insurance which Tenant is obligated to provide and to maintain under the provisions of this Lease. Should Tenant fail to do so, Landlord may do so, collecting, at Landlord's option, the cost and expense thereof from Tenant, as Additional Rent, upon demand. Notwithstanding anything above, in Section 17 or malfunction elsewhere in this Lease to the contrary, Landlord hereby permits Tenant to remove at the end of the lease term, and as long as Tenant is not then in default or breach of any Detectors supplied by the Landlord and the Landlord agrees to service samematerial provision in this Lease, any non-structural improvements, provided that Tenant and/or any Subtenant shall in each and every instance of removal reasonably repair and restore the malfunction is not due Premises to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentits functional shell condition.
Appears in 1 contract
Alterations. The Tenant(s) Tenant shall in no event make or permit to be made any alteration, modification, substitution or other change of any nature to the mechanical, electrical, plumbing, HVAC, and sprinkler systems within or serving the Premises. After completion of Tenant's Improvements within the Premises, Tenant shall not make or permit any alterations other improvements, alterations, fixed decorations, substitutions or modifications, structural or otherwise, to remodel the Premises or decorate any portion of the Rented Premises, or erect or cause to be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises Building ("Alterations") without the prior written approval of Landlord. Landlord shall not unreasonably withhold or delay its consent to Alterations which do not affect the structural, mechanical, plumbing or electrical elements or systems of the Building and which are not visible from outside the Premises, provided such work conforms with the design criteria, standards and architectural guidelines for the Building. Landlord's approval shall include the conditions under which acceptable Alterations may be made. The Tenant(s) 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 at any time paint include the Rented initial Tenant's Improvements placed within the Premises pursuant to Section 5.
1. All Alterations shall be based on complete plans and specifications prepared and submitted by Tenant to Landlord for approval, except in any dark colour the instance of cosmetic changes, such as blackpainting and carpeting, brownin which case Tenant shall provide Landlord with samples showing colors, dark blue, purplestyles, etc. Upon termination All Alterations shall be made by Landlord at Tenant's sole cost, payable by Tenant, as Additional Rent, within thirty (30) days after receipt of an invoice for same from Landlord, which cost shall include Landlord's standard construction management fee, which such fee as of the tenancy, Tenant(s) will remove Lease Commencement Date is thirteen and a half percent (13.5%). Tenant shall be responsible for the cost of any alterations and decorating and restore additional improvements within the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Common Area required by The Americans with Disabilities Act of 1990 as a result of Tenant’s occupancy 's Alterations. If Tenant makes any Alterations without the prior written consent of Landlord, then, in addition to Landlord's other remedies, Landlord may correct or remove such Alterations and Tenant shall pay the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(scost thereof, as Additional Rent, within ten (10) acknowledges days of receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentinvoice from Landlord.
Appears in 1 contract
Alterations. The Tenant(s) Tenant shall not make any alterations to remodel or decorate any portion of perform or permit the Rented Premises, making or erect or cause to be erected------------ performance of, any structure inalterations, aboutinstallations, improvements, additions or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or other physical changes in or about the Rented Premises (hereinafter collectively called "Alterations") without Landlord's prior consent. Landlord agrees not to withhold unreasonably its consent to any Alterations which are nonstructural or which do not affect the prior written consent Buildings mechanical systems or services, proposed to be made by Tenant to adapt the Premises for those business purposes permitted by subsection A of Article 2 hereof, provided that such Alterations are performed only by contractors or mechanics approved by Landlord which approval shall not be unreasonably withheld or delayed, do not affect any part of the Building other than the Premises, do not adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building and do not reduce the value or utility of the Building. Anything to the contrary notwithstanding, Landlord. The Tenant(s) 's consent shall not be required in connection with the performance of ordinary decorations to the Premises. All Alterations shall be done at Tenant's expense and at such times and in such manner as Landlord may from time to time reasonably designate pursuant to the conditions for Alterations prescribed by Landlord for the Premises. All furniture, furnishings, and movable fixtures and partitions installed by Tenant and all Alterations in and to the Premises which may be made by Tenant at its own cost and expense prior to and during the Term, or any time paint renewal thereof, shall remain the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination property of Tenant and upon the Expiration Date or earlier end of the tenancyTerm or any renewal thereof, Tenant(s) will remove any alterations and decorating may be removed from the Premises by Tenant at Tenant's option, provided, however, that Tenant shall repair and restore the Rented Premises in good and workmanlike manner to the same Building standard original condition and colours as it was on the date of commencement of this Tenancy Agreement, (reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to the Premises or malfunction the Building caused by such removal. Any of such fixtures or installations not so removed by Tenant at or prior to the Expiration Date or earlier termination of the Term shall become the property of Landlord, and shall remain upon and be surrendered with the Premises as part thereof at the end of the Term. Prior to making any Alterations, Tenant
(i) shall submit to Landlord detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, (ii) shall, at its expense, obtain all permits, approvals, and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined); all materials and equipment to be incorporated in the Premises as result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event any Alterations are performed by general partner of Landlord or any entity which is under the common control of Landlord or and general partner of Landlord, the failure by Tenant to pay the cost of such Alterations upon rendition of ▇▇▇▇ therefor shall be deemed material default under this Lease. Any mechanic's lien filed against the Premises, or the Real Property, for work claimed to have been done for, or materials claimed to have been furnished to, Tenant shall be discharged by Tenant within thirty (30) days thereafter, at Tenant's expense, by payment or filing the bond required by law. Tenant shall not, at any time prior to or during the Term, directly or indirectly employ, or permit the employment of, any contractor, mechanic or laborer in the Premises, whether in connection with any Alteration or otherwise, if, in the Landlord's sole discretion, such employment will interfere or cause any conflict with other contractors, mechanics, or labors engaged in the construction, maintenance or operation of the Building by Landlord, Tenant or others. In the event of any Detectors supplied by such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or labors causing such interference or conflict to leave the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentBuilding immediately.
Appears in 1 contract
Sources: Lease Agreement (Global Broadcasting Systems Inc/Fa)
Alterations. The Tenant(s) All alterations, additions and improvements, except trade fixtures, installed at expense of Tenant, shall not make any alterations to remodel or decorate any portion become the property of Landlord and shall remain upon and be surrendered with the Rented Premisesleased premises as a part of thereof on this lease. Such alterations, or erect or cause to additions, and improvements may only be erected, any structure in, about, or upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without made with the prior written consent of Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in a 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 Tenant without prior written permission of Landlord. The Tenant(s) 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 damage thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the roof can be made Tenant shall promptly repair at its expense any time paint damages resulting from such removal. At the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of this lease, Tenant shall deliver the tenancylease premises in good order and condition, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear natural deterioration only excepted. Tenant(s) shall not alter the locking system on a door giving entry to the Rented Premises or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any Any damage to or malfunction of any Detectors supplied caused by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made installation or removal of Detectors by trade fixtures shall be repaired at Tenant's expense prior to the Tenant(s) or his guestsexpiration of the lease term. All Detectors must always alterations, improvements, additions, and repairs made by Tenant shall be operationalmade in good term. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentAll alterations and workmanlike manner.
Appears in 1 contract
Sources: Commercial Lease (Simclar Inc)
Alterations. The Tenant(s) shall Tenant may not make any interior or exterior changes or additions to the Rental Space without the Landlord's written consent. Any changes or additions made without the Landlord's written consent shall be removed by the Tenant on demand. Tenant shall, subsequent to the effective date of this Lease but prior to fully occupying the Rental Space, submit to Landlord a written description of those improvements and alterations to remodel or decorate any portion the rental space which Tenant believes to be necessary to the successful operation of the Rented Premisesfull service bank branch office contemplated by this Lease. Landlord shall, within ten (10) days after the issuance of such description of improvements and alterations by Tenant, object in writing to any improvements and alterations which are not acceptable to Landlord. If Landlord does not object to those improvements and alterations to the Rental Space which are proposed by Tenant, then Landlord shall be deemed to have accepted Tenant's proposed improvements and alterations. If Landlord timely objects to those improvements and alterations to the Rental Space which are proposed by Tenant, Landlord and Tenant shall meet and make a good faith effort to reach agreement as to which of those improvements and alterations to the Rental Space which are proposed by Tenant are acceptable. Except as specifically provided to the contrary in this Lease, all changes or erect or cause to be erected, any structure in, about, or upon additions made with the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior Landlord's written consent shall become the property of the Landlord when completed and paid for by the Tenant. They shall remain as part of the Rental Space at the end of the Term without disturbance and without charge to the Landlord. The Tenant(s) Tenant shall promptly pay for all costs of any permitted changes or additions. The Tenant shall not allow any mechanic's lien or other claim to be filed against the Building. If any lien or claim is filed against the Building, the Tenant shall have it promptly removed. All changes and alterations must conform to all applicable state and municipal ordinances and regulations. Tenant shall obtain, at its sole cost, all necessary approvals and permits to make any time paint the Rented Premises in changes or additions and proof of any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations necessary approvals and decorating and restore the Rented Premises permits shall be given to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a door giving entry Landlord prior to the Rented Premises Tenant's making any changes or cause or allow the locking system to be altered during the Tenant’s occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of any damage to or malfunction of any Detectors supplied by the Landlord and the Landlord agrees to service same, provided the malfunction is not due to the Tenant’s removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be operational. Tenant(s) shall reimburse the Landlord for any expenses incurred for replacement or servicing of the equipmentadditions.
Appears in 1 contract