Approval Required. Tenant shall not make, or cause or permit to be made, any additions, alterations, installations or improvements in or to the Premises (collectively, “Alterations”), without the prior written consent of Landlord, which consent may, without limitation, be conditioned upon Tenant’s agreement to remove such alterations, installations or improvements upon the expiration or sooner termination of this Lease. Unless Landlord has waived the requirement in writing, Tenant must also submit with Tenant’s request for Landlord’s approval of an Alteration (i) a description in reasonable detail of the design concept, plans and specifications; (ii) names of and financial and other pertinent information about proposed contractors; (iii) certificates of insurance to be maintained by Tenant’s contractors; (iv) hours of construction, proposed construction methods, details with respect to the quality of the proposed work; and (v) with respect to any Alterations costing in excess of One Hundred Fifty Thousand Dollars ($150,000), reasonable evidence of security (such as, without limitation, payment and performance bonds) to assure timely completion and payment of the costs of the work by the contractor. With respect to an Alteration that is visible from outside the Premises, the Alteration must, in the sole opinion of the Landlord, also be architecturally and aesthetically harmonious with the remainder of the Building. Notwithstanding anything to the contrary in this Lease, but still subject to Landlord’s rights of inspection, quality workmanship and Tenant’s obligations to keep the Building and Premises lien-free, (a) with prior, written notice to Landlord including the plans for the work and the name of the contractor performing the work Tenant may construct non-structural Alterations in the Premises without Landlord’s prior approval (but subject to the obligation to remove such non-structural Alterations if required by Landlord per the other provisions of Section 7.05 and this Section 7.06) if the cost of any such project does not exceed Twenty-Five Thousand Dollars ($25,000) and the project does not adversely affect the operation or integrity of the Building systems, (b) Tenant’s trade fixtures, furniture, equipment and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property, (c) at any time Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by such removal, (d) Landlord shall have no lien or other interest in any item of Tenant’s Property, and (e) for the avoidance of doubt, the equipment listed on Exhibit K shall be considered Tenant’s Property.
Appears in 2 contracts
Sources: Lease Agreement (Peloton Therapeutics, Inc.), Lease Agreement (Peloton Therapeutics, Inc.)
Approval Required. Tenant shall not make, or cause or permit to be made, make any additions, alterations, installations installations, changes, replacements, repairs, additions or improvements in or to (or which interfere with) the Premises structural elements of the Building or the Demised Premises, or the Systems (collectively, “Alterations”hereinafter defined), without the prior written consent of Landlord, which consent may be granted or withheld in Landlord's sole and absolute discretion. Tenant shall not make any non-structural, non-System or cosmetic alterations, changes, replacements, repairs, additions or improvements in or to the Demised Premises or any part thereof, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. All Tenant plans and specifications shall be submitted to Landlord for prior approval. All Tenant engineering plans and specifications shall be prepared at Tenant's expense by Landlord's designated engineer. Landlord may, without limitationamong other things, be conditioned condition its consent upon Tenant’s 's agreement to remove such alterationsthat any construction up-gradings required by any governmental authority as a result of Tenant's work, installations either in the Demised Premises or improvements upon the expiration or sooner termination of this Lease. Unless Landlord has waived the requirement in writing, Tenant must also submit with Tenant’s request for Landlord’s approval of an Alteration (i) a description in reasonable detail any other part of the design conceptBuilding or Complex, plans and specifications; (ii) names will be paid for by Tenant in advance. Tenant shall not install any equipment of and financial and other pertinent information about proposed contractors; (iii) certificates of insurance to be maintained by Tenant’s contractors; (iv) hours of constructionany kind or nature whatsoever which will or may necessitate any changes, proposed construction methods, details with respect replacements or additions to the quality water system, plumbing system, heating system, ventilating system, air-conditioning system, supply, return or control systems, Landlord's data system(s), or the electrical system of the proposed work; and Demised Premises or the Building (v) with respect to any Alterations costing in excess of One Hundred Fifty Thousand Dollars ($150,000collectively, the "Systems"), reasonable evidence nor install or use any air-conditioning unit, engine, boiler, generator, machinery, heating unit, stove, water cooler, ventilator, radiator or any other similar apparatus, nor modify or interfere with any of security (such asthe Systems, without limitation, payment and performance bonds) to assure timely completion and payment of the costs of the work by the contractor. With respect to an Alteration that is visible from outside the Premises, the Alteration must, in the sole opinion prior written consent of the Landlord, also which consent may be architecturally granted or withheld in the Landlord's sole and aesthetically harmonious with absolute discretion. Any auxiliary air-conditioning equipment which Tenant may desire to install in the remainder Demised Premises shall be connected to the Building's commercial condenser water system, if available, and Tenant shall pay to Landlord such reasonable charges as established by Landlord from time to time for the use of the Building's commercial condenser water system. Notwithstanding anything Tenant shall not modify or interfere with the Systems without the prior written consent of Landlord, and then only as Landlord may direct. Landlord may condition its consent upon Tenant's payment of all costs to the contrary in this Leasemake such changes, but still subject to Landlord’s rights of inspectionreplacements or modifications. Tenant shall not design, quality workmanship and Tenant’s obligations to keep the Building and Premises lien-freeconfigure, (a) with priorinstall, written notice to Landlord including the plans use or arrange for the work design, configuration, installation or use of its telecommunications and data transmission systems or inside wire associated therewith in any manner that interferes with the name existing telecommunications and/or data transmission systems or inside wire associated therewith of the contractor performing the work Tenant may construct non-structural Alterations Landlord or other tenants in the Premises without Building. Landlord’s prior 's consent to any work by Tenant or approval (but subject to the obligation to remove such non-structural Alterations if required by Landlord per the other provisions of Section 7.05 and this Section 7.06) if the cost of any such project does not exceed Twenty-Five Thousand Dollars ($25,000) and the project does not adversely affect the operation or integrity of the Building systems, (b) Tenant’s trade fixtures, furniture, equipment and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property, (c) at any time Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by such removal, (d) Landlord shall have no lien or other interest in any item of Tenant’s Property's plans or specifications shall not be deemed a certification that such work complies with applicable building codes, and (e) for the avoidance of doubtlaws or regulations, the equipment listed on Exhibit K nor shall be considered Tenant’s Propertyit impose any liability whatsoever upon Landlord.
Appears in 2 contracts
Sources: Office Building Lease (Otg Software Inc), Office Building Lease (Net2000 Communications Inc)
Approval Required. Tenant shall not make, or cause or permit to be made, make any additions, alterations, installations installations, changes, replacements, repairs, additions or improvements in or to (or which interfere with) the Premises (collectivelystructural elements of the Building or the Demised Premises, “Alterations”)or the Systems thereinafter defined, without the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole and absolute discretion. Tenant shall not make any non-structural, non-System or cosmetic alterations, changes, replacements, repairs, additions or improvements in or to the Demised Premises or any part thereof, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. All Tenant plans and specifications shall be submitted to Landlord for prior approval. All Tenant engineering plans and specifications shall be prepared at Tenant’s expense by Landlord’s designated engineer. Landlord may, without limitationamong other things, be conditioned condition its consent upon Tenant’s agreement to remove such alterations, installations or improvements upon the expiration or sooner termination that any construction up-gradings required by any governmental authority as a result of this Lease. Unless Landlord has waived the requirement in writing, Tenant must also submit with Tenant’s request for Landlord’s approval of an Alteration (i) a description work either in reasonable detail the Demised Premises or in any other part of the design concept, plans and specifications; (ii) names of and financial and other pertinent information about proposed contractors; (iii) certificates of insurance to Building or Complex will be maintained paid for by Tenant’s contractors; (iv) hours in advance. Tenant shall not install any equipment of constructionany kind or nature whatsoever which will or may necessitate any changes, proposed construction methods, details with respect replacements or additions to the quality water system, plumbing system, heating system, ventilating system, air-conditioning system, supply, return or control system, data system or the electrical system of the proposed work; and (v) Demised Premises or the Building collectively, the “Systems” nor install or use any air-conditioning unit, engine, boiler, generator, machinery, heating unit, stove, water cooler, ventilator, radiator or any other similar apparatus, nor modify or interfere with respect to any Alterations costing in excess of One Hundred Fifty Thousand Dollars ($150,000), reasonable evidence of security (such asthe Systems, without limitation, payment and performance bonds) to assure timely completion and payment of the costs of the work by the contractor. With respect to an Alteration that is visible from outside the Premises, the Alteration must, in the sole opinion prior written consent of the Landlord, also which consent may be architecturally granted or withheld in the Landlord’s sole and aesthetically harmonious with absolute discretion. Any auxiliary air-conditioning equipment which Tenant may desire to install in the remainder Demised Premises shall be connected to the Building’s commercial condenser water system, if available, and Tenant shall pay to Landlord such reasonable charges as established by Landlord from time to time for the use of the Building’s commercial condenser water system. Notwithstanding anything Tenant shall not modify or interfere with the Systems without the prior written consent of Landlord and then only as Landlord may direct. Landlord may condition its consent upon Tenant’s payment of all costs to make such changes, replacements or modifications. Tenant shall not design, configure, install, use or arrange for the contrary design, configuration, installation or use of its telecommunications and data transmission systems or inside wire associated therewith in this Lease, but still subject to any manner that interferes with the existing telecommunications and/or data transmission systems or inside wire associated therewith of Landlord or other tenants in the Building. Landlord’s rights of inspection, quality workmanship and Tenant’s obligations consent to keep the Building and Premises lien-free, (a) with prior, written notice to Landlord including the plans for the any work and the name of the contractor performing the work by Tenant may construct non-structural Alterations in the Premises without Landlord’s prior or approval (but subject to the obligation to remove such non-structural Alterations if required by Landlord per the other provisions of Section 7.05 and this Section 7.06) if the cost of any such project does not exceed Twenty-Five Thousand Dollars ($25,000) and the project does not adversely affect the operation or integrity of the Building systems, (b) Tenant’s trade fixtures, furniture, equipment and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property, (c) at any time Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by such removal, (d) Landlord shall have no lien or other interest in any item of Tenant’s Propertyplans or specifications shall not be deemed a certification that such work complies with applicable building codes, and (e) for the avoidance of doubtlaws or regulations, the equipment listed on Exhibit K nor shall be considered Tenant’s Propertyit impose any liability whatsoever upon Landlord.
Appears in 1 contract
Sources: Office Building Lease (Spherix Inc)
Approval Required. Except for cosmetic changes and decorations, Tenant shall not make, or cause or permit to be made, make any additions, alterations, installations installations, changes, replacements, repairs, additions or improvements in or to (or which interfere with) the Premises structural elements of the Building or the Demised Premises, or the Systems (collectively, “Alterations”hereinafter defined), without the prior written consent of Landlord, which consent may be granted or withheld in Landlord's sole and absolute discretion. Tenant shall not make any non-structural, non-System alterations, changes, replacements, repairs, additions or improvements in or to the Demised Premises or any part thereof, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. All Tenant plans and specifications shall be submitted to Landlord for prior approval. All Tenant engineering plans and specifications shall be prepared at Tenant's expense by an engineer reasonably approved by Landlord. Landlord may, without limitationamong other things, be conditioned condition its consent upon Tenant’s 's agreement to remove such alterationsthat any construction up-gradings required by any governmental authority as a result of Tenant's work, installations either in the Demised Premises or improvements upon the expiration or sooner termination of this Lease. Unless Landlord has waived the requirement in writing, Tenant must also submit with Tenant’s request for Landlord’s approval of an Alteration (i) a description in reasonable detail any other part of the design conceptBuilding or Complex will be paid for by Tenant in advance. Tenant shall not install any equipment of any kind or nature whatsoever which will or may necessitate any changes, plans and specifications; (ii) names of and financial and other pertinent information about proposed contractors; (iii) certificates of insurance to be maintained by Tenant’s contractors; (iv) hours of construction, proposed construction methods, details with respect replacements or additions to the quality water system, plumbing system, heating system, ventilating system, air-conditioning system, supply, return or control systems, Landlord's data system(s), or the electrical system of the proposed work; and Demised Premises or the Building (v) with respect to any Alterations costing in excess of One Hundred Fifty Thousand Dollars ($150,000collectively, the "Systems"), reasonable evidence nor install or use any air-conditioning unit, engine, boiler, generator, machinery, heating unit, stove, water cooler, ventilator, radiator or any other similar apparatus, nor modify or interfere with any of security (such asthe Systems, without limitation, payment and performance bonds) to assure timely completion and payment of the costs of the work by the contractor. With respect to an Alteration that is visible from outside the Premises, the Alteration must, in the sole opinion prior written consent of the Landlord, also which consent may be architecturally granted or withheld in the Landlord's sole and aesthetically harmonious with absolute discretion. Any auxiliary air-conditioning equipment which Tenant may desire to install in the remainder Demised Premises shall be connected to the Building's commercial condenser water system, if available, and Tenant shall pay to Landlord such reasonable charges as established by Landlord from time to time for the use of the Building's commercial condenser water system. Notwithstanding anything Tenant shall not modify or interfere with the Systems without the prior written consent of Landlord, and then only as Landlord may direct. Landlord may condition its consent upon Tenant's payment of all costs to the contrary in this Leasemake such changes, but still subject to Landlord’s rights of inspectionreplacements or modifications. Tenant shall not design, quality workmanship and Tenant’s obligations to keep the Building and Premises lien-freeconfigure, (a) with priorinstall, written notice to Landlord including the plans use or arrange for the work design, configuration, installation or use of its telecommunications and data transmission systems or inside wire associated therewith in any manner that interferes with the name existing telecommunications and/or data transmission systems or inside wire associated therewith of the contractor performing the work Tenant may construct non-structural Alterations Landlord or other tenants in the Premises without Building. Landlord’s prior 's consent to any work by Tenant or approval (but subject to the obligation to remove such non-structural Alterations if required by Landlord per the other provisions of Section 7.05 and this Section 7.06) if the cost of any such project does not exceed Twenty-Five Thousand Dollars ($25,000) and the project does not adversely affect the operation or integrity of the Building systems, (b) Tenant’s trade fixtures, furniture, equipment and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property, (c) at any time Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by such removal, (d) Landlord shall have no lien or other interest in any item of Tenant’s Property's plans or specifications shall not be deemed a certification that such work complies with applicable building codes, and (e) for the avoidance of doubtlaws or regulations, the equipment listed on Exhibit K nor shall be considered Tenant’s Propertyit impose any liability whatsoever upon Landlord.
Appears in 1 contract
Approval Required. Tenant shall not make, or cause or permit to be made, make any additions, alterations, installations installations, changes, replacements, repairs, additions or improvements in or to (or which interfere with) the Premises structural elements of the Building or the Demised Premises, or the Systems (collectively, “Alterations”hereinafter defined), without the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole and absolute discretion. Tenant shall not make any non-structural, non-System or cosmetic alterations, changes, replacements, repairs, additions or improvements in or to the Demised Premises or any part thereof, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Tenant shall have the right to make Cosmetic Changes (as hereinafter defined) within the Demised Premises without requiring the consent of Landlord but upon thirty (30) days prior written notice to Landlord. “Cosmetic Changes” shall mean those minor, non-structural alterations of a decorative nature consistent with a first-class office building for which a building permit is not required and which cost (including installation) in the aggregate less than Ten Thousand Dollars ($10,000.00) per project or series of related projects, such as painting, carpeting and hanging pictures. All Tenant plans and specifications shall be submitted to Landlord for prior approval. All Tenant engineering plans and specifications shall be prepared at Tenant’s expense by Landlord’s designated engineer. Landlord may, without limitationamong other things, be conditioned condition its consent upon Tenant’s agreement to remove such alterations, installations or improvements upon the expiration or sooner termination that any construction up-gradings required by any governmental authority as a result of this Lease. Unless Landlord has waived the requirement in writing, Tenant must also submit with Tenant’s request work, either in the Demised Premises or in any other part of the Building or Complex, will be paid for by Tenant in advance. Tenant shall not install any equipment of any kind or nature whatsoever which will or may necessitate any changes, replacements or additions to the water System, plumbing system, heating system, ventilating system, air-conditioning system, supply, return or control systems, Landlord’s approval of an Alteration (i) a description in reasonable detail data system(s), or the electrical system of the design conceptDemised Premises or the Building (collectively, plans and specifications; (ii) names of and financial and the “Systems”), nor install or use any air-conditioning unit, engine, boiler, generator, machinery, heating unit, stove, water cooler, ventilator, radiator or any other pertinent information about proposed contractors; (iii) certificates of insurance to be maintained by Tenant’s contractors; (iv) hours of constructionsimilar apparatus, proposed construction methods, details nor modify or interfere with respect to the quality any of the proposed work; and (v) with respect to any Alterations costing in excess of One Hundred Fifty Thousand Dollars ($150,000), reasonable evidence of security (such asSystems, without limitation, payment and performance bonds) to assure timely completion and payment of the costs of the work by the contractor. With respect to an Alteration that is visible from outside the Premises, the Alteration must, in the sole opinion prior written consent of the Landlord, also which consent may be architecturally granted or withheld in the Landlord’s sole and aesthetically harmonious with absolute discretion. Any auxiliary air-conditioning equipment which Tenant may desire to install in the remainder Demised Premises shall be connected to the Building’s commercial condenser water system, if available, and Tenant shall pay to Landlord such reasonable charges as established by Landlord from time to time for the use of the Building’s commercial condenser water system. Notwithstanding anything Tenant shall not modify or interfere with the Systems without the prior written consent of Landlord, and then only as Landlord may direct. Landlord may condition its consent upon Tenant’s payment of all costs to make such changes, replacements or modifications. Tenant shall not design, configure, install, use or arrange for the contrary design, configuration, installation or use of its telecommunications and data transmission systems or inside wire associated therewith in this Lease, but still subject to any manner that interferes with the existing telecommunications and/or data transmission systems or inside wire associated therewith of Landlord or other tenants in the Building. Landlord’s rights of inspection, quality workmanship and Tenant’s obligations consent to keep the Building and Premises lien-free, (a) with prior, written notice to Landlord including the plans for the any work and the name of the contractor performing the work by Tenant may construct non-structural Alterations in the Premises without Landlord’s prior or approval (but subject to the obligation to remove such non-structural Alterations if required by Landlord per the other provisions of Section 7.05 and this Section 7.06) if the cost of any such project does not exceed Twenty-Five Thousand Dollars ($25,000) and the project does not adversely affect the operation or integrity of the Building systems, (b) Tenant’s trade fixtures, furniture, equipment and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property, (c) at any time Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by such removal, (d) Landlord shall have no lien or other interest in any item of Tenant’s Propertyplans or specifications shall not be deemed a certification that such work complies with applicable building codes, and (e) for the avoidance of doubtlaws or regulations, the equipment listed on Exhibit K nor shall be considered Tenant’s Propertyit impose any liability whatsoever upon Landlord.
Appears in 1 contract
Approval Required. Tenant shall not make, permit any contractor to ----------------- perform work in the Third Expansion Space in connection with the Initial Improvements (including such work as is described in Paragraph 6 above) or cause or permit to be made, for any additions, alterations, installations or improvements in or to the Premises (collectively, “Alterations”), other purpose without the express prior written consent of Landlord, which consent maymay be withheld in Landlord's sole and absolute discretion. Landlord may require Tenant to furnish a payment and performance bond for the performance of any work to be performed by or for Tenant, without limitation, which bond shall be conditioned upon Tenant’s agreement posted prior to remove the commencement of any such alterations, installations or improvements upon work. Any such contractors approved by Landlord for the expiration or sooner termination performance of this Leaseany work in the Third Expansion Space prior to occupancy by Tenant shall be subject to the supervision of Landlord's contractor. Unless In order to ensure the orderly and lien free completion of any such work in the Third Expansion Space (other than Landlord's Work). Landlord has waived the requirement in writing, Tenant must also submit with Tenant’s request for Landlord’s approval of an Alteration may (i) a description require Tenant to pay the estimated costs of such other work to Landlord in reasonable detail advance in which case Landlord shall pay such contractors directly out of the design conceptfunds received for such purpose from Tenant, plans and specifications; or (ii) names ▇▇▇▇ Tenant for such work as costs therefor are incurred. Landlord shall be entitled to receive a reasonable work review fee for all of such work, and financial and other pertinent information about proposed contractors; (iii) certificates such fee shall be increased in the event of insurance any change orders resulting in increases in the contract price for such work. The foregoing requirements shall apply to be maintained by Tenant’s contractors; (iv) hours all work performed in the Third Expansion Space for the benefit of construction, proposed construction methods, details with respect Tenant prior to the quality delivery of the proposed work; Third Expansion Space to Tenant, including, but not limited to, installation of telephone equipment, electrical devices and attachments, and all installations (vother than Landlord's Work) with respect to affecting floors, walls, woodwork, trim, windows, ceilings, equipment, or any Alterations costing in excess of One Hundred Fifty Thousand Dollars ($150,000), reasonable evidence of security (such as, without limitation, payment and performance bonds) to assure timely completion and payment other physical portion of the costs Third Expansion Space. All materials and workmanship used in the construction by Tenant or Tenant's contractors of any improvements in the work by the contractor. With respect to an Alteration Third Expansion Space shall be of a quality that is visible from outside the Premises, the Alteration must, in the sole opinion of the Landlord, also be architecturally and aesthetically harmonious with the remainder of the Buildingat least Building Standard. Notwithstanding anything any provision to the contrary in this the Lease, but still subject to Landlord’s rights of inspectionthis Work Letter, quality workmanship and Tenant’s obligations to keep or any other document comprising the Building and Premises lien-freeLease, (a) with prior, written notice to Landlord including the plans for the work and the name of the contractor performing the work Tenant may construct non-structural Alterations in the Premises without Landlord’s prior approval (but subject to the obligation to remove such non-structural Alterations if required by Landlord per the other provisions of Section 7.05 and this Section 7.06) if the cost of any such project does not exceed Twenty-Five Thousand Dollars ($25,000) and the project does not adversely affect the operation or integrity of the Building systems, (b) Tenant’s trade fixtures, furniture, equipment and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property, (c) at any time Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by such removal, (d) Landlord shall have no lien responsibility whatsoever for the correction of any defect in Landlord's Work which has been covered by Tenant or other interest in any item of Tenant’s Property, and (e) for the avoidance of doubt, the equipment listed on Exhibit K shall be considered Tenant’s Property's contractors.
Appears in 1 contract
Approval Required. Tenant shall will not make, or cause or permit to be made, any additions, alterations, installations or improvements in or to the Premises (collectively, singularly “Alteration” and collectively “Alterations”), without the prior written consent of Landlord, Landlord which consent may, without limitation, shall not be conditioned upon Tenant’s agreement to remove such alterations, installations or improvements upon the expiration or sooner termination of this Leaseunreasonably withheld. Unless Landlord has waived the such requirement in writing, together with Tenant’s request for approval of any Alteration, Tenant must also submit details with Tenant’s request respect to the proposed source of funds for Landlord’s approval of an Alteration (i) a description in reasonable detail the payment of the cost of the Alteration by Tenant, design concept, plans and specifications; (ii) , names of proposed contractors, and financial and other pertinent information about proposed such contractors (including without limitation, the labor organization affiliation or lack of affiliation of any contractors; (iii) ), certificates of insurance to be maintained by Tenant’s contractors; (iv) , hours of construction, proposed construction methods, details with respect to the quality of the proposed work; work and (v) with respect to any Alterations costing in excess of One Hundred Fifty Thousand Dollars ($150,000), reasonable evidence of security (such as, without limitation, as payment and performance bonds) to assure timely completion and payment of the costs of the work by the contractorcontractor and payment by the contractor of all costs of the work. It is hereby agreed that, in any event, prior to the commencement of any Alterations by Tenant, Tenant shall record or cause to be recorded a notice in the applicable real property records in the county in which the Building is located, identifying Tenant as the party for whom the aforesaid Alterations are being performed and providing notice that Landlord shall not be responsible for any liens or claims of lien arising or claimed by reason of any such Alterations. Moreover, Tenant must maintain and/or cause any of its contractors and subcontractors to maintain insurance coverage against such risks, in such amounts and with such companies as Landlord reasonably requires in connection with any such Alterations, and certificates or other evidence of such insurance in form and content satisfactory to Landlord must be provided to Landlord prior to the commencement of any such Alterations, and such certificate(s) shall list Landlord and, upon request, Landlord’s property manager and/or mortgagee as additional insureds. Any approvals by Landlord of Tenant’s contractors or of any of Tenant’s drawings, plans or specifications which were prepared in connection with any construction of Alterations in the Premises shall not in any way be construed as or constitute a representation or warranty of Landlord as to the abilities of the contractor(s) or as to the adequacy or sufficiency of such drawings, plans or specifications, or the Alterations to which they relate, for any use, purpose or condition. With respect to an any Alteration that which is visible from outside the Premises, the such proposed Alteration must, in the sole opinion of the Landlord, also be architecturally and aesthetically harmonious with the remainder of the Building. Notwithstanding anything to the contrary in this Lease, but still subject to Landlord’s rights of inspection, quality workmanship and Tenant’s obligations to keep the Building and Premises lien-free, (a) with prior, written notice to Landlord including the plans for the work and the name of the contractor performing the work Tenant may construct non-structural Alterations in the Premises without Landlord’s prior approval (but subject to the obligation to remove such non-structural Alterations if required by Landlord per the other provisions of Section 7.05 and this Section 7.06) if the cost of any such project does not exceed Twenty-Five Thousand Dollars ($25,000) and the project does not adversely affect the operation or integrity of the Building systems, (b) Tenant’s trade fixtures, furniture, equipment and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property, (c) at any time Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by such removal, (d) Landlord shall have no lien or other interest in any item of Tenant’s Property, and (e) for the avoidance of doubt, the equipment listed on Exhibit K shall be considered Tenant’s Property.
Appears in 1 contract
Approval Required. Tenant shall not make, or cause or permit to be made, make any additions, alterations, installations installations, changes, replacements, repairs, additions or improvements in or to (or which interfere with) the Premises structural elements of the Building or the Demised Premises, or the Systems (collectively, “Alterations”hereinafter defined), without the prior written consent of Landlord, which consent may be granted or withheld in Landlord's sole and absolute discretion. Tenant shall not make any non-structural, non-System or cosmetic alterations, changes, replacements, repairs, additions or improvements in or to the Demised Premises or any part thereof, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. All Tenant plans and specifications shall be submitted to Landlord for prior approval. All Tenant engineering plans and specifications shall be prepared at Tenant's expense by Landlord's designated engineer. Landlord may, without limitationamong other things, be conditioned condition its consent upon Tenant’s 's agreement to remove such alterationsthat any construction up-gradings required by any governmental authority as a result of Tenant's work, installations either in the Demised Premises or improvements upon the expiration or sooner termination of this Lease. Unless Landlord has waived the requirement in writing, Tenant must also submit with Tenant’s request for Landlord’s approval of an Alteration (i) a description in reasonable detail any other part of the design conceptBuilding or Complex, plans and specifications; (ii) names will be paid for by Tenant in advance. Tenant shall not install any equipment of and financial and other pertinent information about proposed contractors; (iii) certificates of insurance to be maintained by Tenant’s contractors; (iv) hours of constructionany kind or nature whatsoever which will or may necessitate any changes, proposed construction methods, details with respect replacements or additions to the quality water system, plumbing system, heating system, ventilating system, air-conditioning system, supply, return or control systems, data system(s), or the electrical system of the proposed work; and Demised Premises or the Building (v) with respect to any Alterations costing in excess of One Hundred Fifty Thousand Dollars ($150,000collectively, the "Systems"), reasonable evidence nor install or use any air-conditioning unit, engine, boiler, generator, machinery, heating unit, stove, water cooler, ventilator, radiator or any other similar apparatus, nor modify or interfere with any of security (such asthe Systems, without limitation, payment and performance bonds) to assure timely completion and payment of the costs of the work by the contractor. With respect to an Alteration that is visible from outside the Premises, the Alteration must, in the sole opinion prior written consent of the Landlord, also which consent may be architecturally granted or withheld in the Landlord's sole and aesthetically harmonious with absolute discretion. Any auxiliary air-conditioning equipment which Tenant may desire to install in the remainder Demised Premises shall be connected to the Building's commercial condenser water system, if available, and Tenant shall pay to Landlord such reasonable charges as established by Landlord from time to time for the use of the Building's commercial condenser water system. Notwithstanding anything Tenant shall not modify or interfere with the Systems without the prior written consent of Landlord, and then only as Landlord may direct. Landlord may condition its consent upon Tenant's payment of all costs to the contrary in this Leasemake such changes, but still subject to Landlord’s rights of inspectionreplacements or modifications. Tenant shall not design, quality workmanship and Tenant’s obligations to keep the Building and Premises lien-freeconfigure, (a) with priorinstall, written notice to Landlord including the plans use or arrange for the work design, configuration, installation or use of its telecommunications and data transmission systems or inside wire associated therewith in any manner that interferes with the name existing telecommunications and/or data transmission systems or inside wire associated therewith of the contractor performing the work Tenant may construct non-structural Alterations Landlord or other tenants in the Premises without Building. Landlord’s prior 's consent to any work by Tenant or approval (but subject to the obligation to remove such non-structural Alterations if required by Landlord per the other provisions of Section 7.05 and this Section 7.06) if the cost of any such project does not exceed Twenty-Five Thousand Dollars ($25,000) and the project does not adversely affect the operation or integrity of the Building systems, (b) Tenant’s trade fixtures, furniture, equipment and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property, (c) at any time Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by such removal, (d) Landlord shall have no lien or other interest in any item of Tenant’s Property's plans or specifications shall not be deemed a certification that such work complies with applicable building codes, and (e) for the avoidance of doubtlaws or regulations, the equipment listed on Exhibit K nor shall be considered Tenant’s Propertyit impose any liability whatsoever upon Landlord.
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Approval Required. Tenant shall will not make, or cause or permit to be made, any additions, alterations, installations or improvements in or to the Premises (collectively, “singularly "Alteration" and collectively "Alterations”"), without the prior written consent of Landlord, which consent may, without limitation, be conditioned upon Tenant’s agreement to remove such alterations, installations or improvements upon . Notwithstanding the expiration or sooner termination foregoing provisions of this Leaseparagraph, Landlord's consent shall not be required for any Alteration that satisfies all of the following criteria: (a) is solely of a cosmetic nature, such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from outside the Premises or the Building; (c) will not affect the systems or structure of the Building; and (d) does not require work to be performed inside the walls or above the ceiling of the Premises; provided, that even for Alterations not requiring the consent of Landlord pursuant hereto, the contractor or contractorsproviding and/or undertaking any such Alterations shall be subject to the prior written approval of Landlord (which approval shall not be unreasonably withheld or delayed) and must provide evidence of insurance against such risks and in such amounts as may be reasonably required by Landlord (such evidence of insurance to be provided prior to the commencement of any such Alterations), and the hours of construction and proposed construction methods with regard to such Alterations must in any event be reasonably coordinated with Landlord in advance so as to avoid unreasonable interference with the management, use or occupancy of the Building by others. Unless Landlord has waived the such requirement in writing, together with Tenant's request for approval of any Alteration, Tenant must also submit details with Tenant’s request respect to the proposed source of funds for Landlord’s approval of an Alteration (i) a description in reasonable detail the payment of the cost of the Alteration by Tenant, design concept, plans and specifications; (ii) , names of proposed contractors, and financial and other pertinent information about proposed such contractors (including without limitation, the labor organization affiliation or lack of affiliation of any contractors; (iii) ), certificates of insurance to be maintained by Tenant’s 's contractors; (iv) , hours of construction, proposed construction methods, details with respect to the quality of the proposed work; work and (v) with respect to any Alterations costing in excess of One Hundred Fifty Thousand Dollars ($150,000), reasonable evidence of security (such as, without limitation, as payment and performance bonds) to assure timely completion and payment of the costs of the work by the contractorcontractor and payment by the contractor of all costs of the work. It is hereby agreed that, in any event, prior to the commencement of any Alterations by Tenant, Tenant shall record or cause to be recorded a notice in the applicable real property records in the county in which the Building is located, identifying Tenant as the party for whom the aforesaid Alterations are being performed and providing notice that Landlord shall not be responsible for any liens or claims of lien arising or claimed by reason of any such Alterations. Moreover, Tenant must maintain and/or cause any of its contractors and subcontractors to maintain insurance coverage against such risks, in such amounts and with such companies as Landlord reasonably requires in connection with any such Alterations, and certificates or other evidence of such insurance in form and content satisfactory to Landlord must be provided to Landlord prior to the commencement of any such Alterations, and such certificate(s) shall list Landlord and, upon request, Landlord's property manager and/or mortgagee as additional insureds. Any approvals by Landlord of Tenant's contractors or of any of Tenant's drawings, plans or specifications which were prepared in connection with any construction of Alterations in the Premises shall not in any way be construed as or constitute a representation or warranty of Landlord as to the abilities of the contractor(s) or as to the adequacy or sufficiency of such drawings, plans or specifications, or the Alterations to which they relate, for any use, purpose or condition. With respect to an any Alteration that which is visible from outside the Premises, the such proposed Alteration must, in the sole opinion of the Landlord, also be architecturally and aesthetically harmonious with the remainder of the Building. Notwithstanding anything to the contrary in this Lease, but still subject to Landlord’s rights of inspection, quality workmanship and Tenant’s obligations to keep the Building and Premises lien-free, (a) with prior, written notice to Landlord including the plans for the work and the name of the contractor performing the work Tenant may construct non-structural Alterations in the Premises without Landlord’s prior approval (but subject to the obligation to remove such non-structural Alterations if required by Landlord per the other provisions of Section 7.05 and this Section 7.06) if the cost of any such project does not exceed Twenty-Five Thousand Dollars ($25,000) and the project does not adversely affect the operation or integrity of the Building systems, (b) Tenant’s trade fixtures, furniture, equipment and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property, (c) at any time Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by such removal, (d) Landlord shall have no lien or other interest in any item of Tenant’s Property, and (e) for the avoidance of doubt, the equipment listed on Exhibit K shall be considered Tenant’s Property.
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Approval Required. Tenant shall will not make, or cause or permit to be made, any additions, alterations, installations or improvements in or to the Premises (collectively, “singularly "Alteration" and collectively "Alterations”"), without the prior written consent of Landlord, which consent may, without limitation, shall not be conditioned upon Tenant’s agreement to remove such alterations, installations or improvements upon unreasonably withheld. Notwithstanding the expiration or sooner termination foregoing provisions of this Leaseparagraph, Landlord's consent shall not be required for any Alteration that satisfies all of the following criteria: (a) is solely of a cosmetic nature, such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from outside the Premises or the Building; (c) will not affect the systems or structure of the Building; and (d) does not require work to be performed inside the walls or above the ceiling of the Premises; provided, that even for Alterations not requiring the consent of Landlord pursuant hereto, the contractor or contractors providing and/or undertaking any such Alterations shall be subject to the prior written approval of Landlord (which approval shall not be unreasonably withheld or delayed) and must provide evidence of insurance against such risks and in such amounts as may be reasonably required by Landlord (such evidence of insurance to be provided prior to the commencement of any such Alterations), and the hours of construction and proposed construction methods with regard to such Alterations must in any event be reasonably coordinated with Landlord in advance so as to avoid unreasonable interference with the management, use or occupancy of the Building by others. Unless Landlord has waived the such requirement in writing, together with Tenant's request for approval of any Alteration, Tenant must also submit details with Tenant’s request respect to the proposed source of funds for Landlord’s approval of an Alteration (i) a description in reasonable detail the payment of the cost of the Alteration by Tenant, design concept, plans and specifications; (ii) , names of proposed contractors, and financial and other pertinent information about proposed such contractors (including without limitation, the labor organization affiliation or lack of affiliation of any contractors; (iii) ), certificates of insurance to be maintained by Tenant’s 's contractors; (iv) , hours of construction, proposed construction methods, details with respect to the quality of the proposed work; work and (v) with respect to any Alterations costing in excess of One Hundred Fifty Thousand Dollars ($150,000), reasonable evidence of security (such as, without limitation, as payment and performance bonds) to assure timely completion and payment of the costs of the work by the contractorcontractor and payment by the contractor of all costs of the work. It is hereby agreed that, in any event, prior to the commencement of any Alterations by Tenant, Tenant shall record or cause to be recorded a notice in the applicable real property records in the county in which the Building is located, identifying Tenant as the party for whom the aforesaid Alterations are being performed and providing notice that Landlord shall not be responsible for any liens or claims of lien arising or claimed by reason of any such Alterations. Moreover, Tenant must maintain and/or cause any of its contractors and subcontractors to maintain insurance coverage against such risks, in such amounts and with such companies as Landlord reasonably requires in connection with any such Alterations, and certificates or other evidence of such insurance in form and content satisfactory to Landlord must be provided to Landlord prior to the commencement of any such Alterations, and such certificate(s) shall list Landlord and, upon request, Landlord's property manager and/or mortgagee as additional insureds. Any approvals by Landlord of Tenant's contractors or of any of Tenant's drawings, plans or specifications which were prepared in connection with any construction of Alterations in the Premises shall not in any way be construed as or constitute a representation or warranty of Landlord as to the abilities of the contractor(s) or as to the adequacy or sufficiency of such drawings, plans or specifications, or the Alterations to which they relate, for any use, purpose or condition. With respect to an any Alteration that which is visible from outside the Premises, the such proposed Alteration must, in the sole opinion of the Landlord, also be architecturally and aesthetically harmonious with the remainder of the Building. Notwithstanding anything to the contrary in this Lease, but still subject to Landlord’s rights of inspection, quality workmanship and Tenant’s obligations to keep the Building and Premises lien-free, (a) with prior, written notice to Landlord including the plans for the work and the name of the contractor performing the work Tenant may construct non-structural Alterations in the Premises without Landlord’s prior approval (but subject to the obligation to remove such non-structural Alterations if required by Landlord per the other provisions of Section 7.05 and this Section 7.06) if the cost of any such project does not exceed Twenty-Five Thousand Dollars ($25,000) and the project does not adversely affect the operation or integrity of the Building systems, (b) Tenant’s trade fixtures, furniture, equipment and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property, (c) at any time Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by such removal, (d) Landlord shall have no lien or other interest in any item of Tenant’s Property, and (e) for the avoidance of doubt, the equipment listed on Exhibit K shall be considered Tenant’s Property.
Appears in 1 contract
Sources: Office Lease Agreement (Jamba, Inc.)