Common use of Improvements; Alterations Clause in Contracts

Improvements; Alterations. The provisions of this Section 6.1 shall apply to improvements and alterations contemplated subsequent to the tenant improvements described in the Workletter. No alterations, physical additions or improvements in or to the Premises may be made without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, plumbing, electrical or mechanical systems. Tenant may not paint or install lighting, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold its consent to any such painting or installation which could affect the appearance of the exterior of the Building or of any common areas of the Building. All alterations, additions and improvements installed in the Premises must be (i) performed at Tenant's expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and (ii) constructed, maintained and used by Tenant at its own risk and expense in accordance with all laws. Landlord's approval of the plans and specifications is not a representation by Landlord that such alterations, additions, or improvements comply with any law. Prior to commencing any work, Tenant agrees to reimburse Landlord for the actual out-of-pocket costs incurred to third parties by Landlord in connection with supervising such alterations, additions or improvements performed by Tenant subsequent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 to the contrary, Landlord's consent will not be required if (i) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems of the Building, (ii) the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior to commencement of any work.

Appears in 1 contract

Sources: Lease Agreement (Coolsavings Inc)

Improvements; Alterations. The provisions of this Section 6.1 Initial Improvements to ALTERATIONS; the Premises, shall apply to improvements and alterations contemplated subsequent be installed in accordance with Exhibit D. REPAIRS; Improvements to the tenant improvements described Premises shall be installed at the expense MAINTENANCE of Tenant only in accordance with plans and specifications submitted to and approved in writing by Landlord. After the Workletter. No alterationsinitial Tenant Improvements are made, no alterations or physical additions or improvements in or to the Premises may be made without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, plumbing, electrical or mechanical systemsconsent. Tenant may not paint or may, subject to applicable law and Landlord's reasonable approval and management, install lighting, signs, window or door lettering, or advertising media of any type on or about signage at the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold its consent to any such painting or installation which could affect the appearance of the exterior of the Building or of any common areas of the BuildingPremises. All alterations, additions and improvements installed in the Premises must be (i) performed at Tenant's expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and (ii) constructed, maintained and used by Tenant at its own risk and expense in accordance with all laws. Landlord's approval of the plans and specifications is not a representation by Landlord that such alterations, additions, or improvements comply with (whether temporary or permanent in character, and including without limitation all air-conditioning equipment and all other equipment that is in any law. Prior manner connected to commencing any workthe Building's plumbing system) made in or upon the Premises, Tenant agrees to reimburse Landlord for the actual out-of-pocket costs incurred to third parties either by Landlord or Tenant, shall be Landlord's property at the end of the Term and shall remain on the Premises without compensation to Tenant. Approval by Landlord of any Tenant's drawings and plans and specifications prepared in connection with supervising such alterations, additions any improvements in the Premises shall not constitute a representation or improvements performed by Tenant subsequent warranty of Landlord as to the tenant adequacy or sufficiency of such drawings, plans and specifications, or the improvements described in to which they relate, for any use, purpose, or condition, but such approval shall merely be the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion consent of any alterations, additions or improvementsLandlord as required hereunder. Notwithstanding anything in this Section 6.1 Lease to the contrary, LandlordTenant shall be responsible for the cost of all work required to comply with the retrofit requirements of the Americans with Disabilities Act of 1990 ("ADA") or other applicable laws pertaining to accessibility of the Premises by disabled or handicapped persons, and all rules, regulations, and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations made in or to the Premises at the request of or by Tenant or by Tenant's consent will not be use of the Premises (other than retrofit work to the Building that is outside the Premises whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), regardless of whether such cost is incurred in connection with retrofit work required if in the Premises, including the Work (ias defined in Exhibit D) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems in other areas of the Building. Notwithstanding the foregoing, (ii) Tenant shall have the right to construct non-structural alterations do not affect and improvements to the structure of the BuildingPremises without Landlord's prior approval, (iii) if the cost of the alterations do any alteration project does not exceed $15,000 25,000. Upon Tenant's written request delivered with notice to Landlord of, or request for consent from Landlord for, improvements or alterations, Landlord shall advise Tenant in writing whether Landlord will require Tenant to remove any six (6) month period alterations or improvements upon termination of this Lease. Tenant's furniture, equipment and (iv) other personal property installed in the Premises shall at all times be Tenant's property, and Tenant has notified Landlord may remove any or all of such alterations prior property from the Premises at any time and from time to commencement of any worktime provided that Tenant repairs all damages caused by such removal.

Appears in 1 contract

Sources: Lease Agreement (Avanex Corp)

Improvements; Alterations. The provisions of this Section 6.1 shall apply to improvements and alterations contemplated subsequent Improvements to the tenant improvements described Premises shall be installed at Tenant's expense only in the Workletteraccordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. No alterations, alterations or physical additions or improvements in or to the Premises may be made without Landlord's prior written consent consent, which consent shall not be unreasonably be withheld. withheld or delayed; however, Landlord may withhold its consent to any alteration or addition that could would affect the Building's structure or its HVAC, plumbing, electrical electrical, or mechanical systems. Notwithstanding the foregoing, Tenant may from time to time make alterations, additions or improvements to the Building, without the consent of Landlord and without Landlord's approval of plans, provided: (i) the cost thereof shall not exceed Twenty-Five Thousand Dollars ($25,000.00) in the aggregate in any consecutive twelve-month period; (ii) Tenant shall, prior to commencing any such alterations, additions and/or improvements in the Building in connection therewith, furnish Landlord with a complete set of plans and specifications 19 for any such alterations, additions and/or improvements; (iii) such alterations, additions and/or improvements shall not involve or affect the exterior or the structure of the Building or any of the mechanical or plumbing systems of the Building or the base building electrical system, as such base building electrical system exists after Tenant's installation of the Work (but such alterations may include minor electrical alterations not affecting the base building electrical system); and (iv) Tenant shall comply with all requirements of this Lease with respect to such alterations, additions and/or improvements other than obtaining the prior approval of Landlord. Tenant shall not paint or install lightinglighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that , which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any such painting or installation which could would affect the appearance of the exterior of the Building or of any common areas of the Building. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Building. All alterations, additions additions, and improvements installed in the Premises must shall be (i) performed at Tenant's expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and (ii) constructed, maintained maintained, and used by Tenant Tenant, at its own risk and expense expense, in accordance with all laws. Laws; Landlord's approval of the plans and specifications is therefor shall not be a representation by Landlord that such alterations, additions, or improvements comply with any lawLaw. Prior Landlord shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with the Premises provided Landlord shall never be required to commencing pay any work, Tenant agrees to reimburse Landlord for the actual out-of-pocket costs incurred to third parties by Landlord expenses in connection with supervising such alterations, additions or improvements performed by Tenant subsequent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 to the contrary, Landlord's consent will not be required if (i) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems of the Building, (ii) the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior to commencement of any worktherewith.

Appears in 1 contract

Sources: Lease Agreement (Brooks Automation Inc)

Improvements; Alterations. The provisions of this Section 6.1 shall apply to improvements and alterations contemplated subsequent to the tenant improvements Except as described in the Workletter. No alterations, physical additions Exhibit D attached hereto or as hereafter provided: (a) improvements in or to the Premises may shall be made without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, plumbing, electrical or mechanical systems. Tenant may not paint or install lighting, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold its consent to any such painting or installation which could affect the appearance of the exterior of the Building or of any common areas of the Building. All alterations, additions and improvements installed in the Premises must be (i) performed at Tenant's ’s expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, which approval shall be governed by the provisions set forth in this Section 8(a) (b) no alterations or physical additions in or to the Premises may be made without Landlord’s prior written consent; and (iic) Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type visible from the exterior of the Premises without the prior written consent of Landlord. Landlord’s consent or approval as provided herein shall not be unreasonably withheld or delayed and such consent shall be deemed to have been given if Landlord does not respond to Tenant’s request for approval within ten (10) business days after receipt ther eof from Tenant; however, Landlord may withhold its consent to any alteration or addition that would adversely affect (in the reasonable discretion of Landlord) (1) the Building’s Structure or the Building’s Systems (including the Building’s restrooms or mechanical rooms), (2) the exterior appearance of the Building, (3) the appearance of the Building’s common areas, or (4) the provision of services to other Building occupants. All alterations, additions, and improvements shall be constructed, maintained maintained, and used by Tenant Tenant, at its own risk and expense expense, in accordance with all laws. Laws; Landlord's ’s consent to or approval of the plans and specifications is not a representation by Landlord that such alterations, additions, or improvements comply with any law. Prior to commencing any work, Tenant agrees to reimburse Landlord for the actual out-of-pocket costs incurred to third parties by Landlord in connection with supervising such alterations, additions or improvements performed by Tenant subsequent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion of any alterations, additions or improvementsimprovements (or the plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the 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 Notwithstanding anything in this Section 6.1 herein to the contrary, Landlord's consent will not be required if (i) Tenant shall have the right to make alterations to the Premises without obtaining Landlord’s prior consent provided that the cost of such alterations does not exceed Twenty-Five Thousand and No/100 Dollars ($25,000.00) in any one instance (and not more than One Hundred Thousand and No/100 Dollars ($100,000.00) in the aggregate during any 12-month period), and such alterations do not adversely affect (in the HVAC, plumbing, electrical reasonable discretion of Landlord) (1) the Building’s Structure or the Building’s Systems (including the Building’s restrooms or mechanical systems rooms), (2) the exterior appearance of the Building, (ii3) the alterations do not affect the structure appearance of the Building’s common areas, or (iii4) the cost provision of services to other Building occupants: and (ii) Landlord’s consent shall not be required with respect to minor cosmetic changes to the interior of the Premises (such as changing carpets floor coverings, wall coverings and paint). To the extent applicable, Tenant shall provide Landlord with final as-built plans detailing any alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord or additions installed by Tenant, regardless of such alterations whether Landlord’s prior to commencement of any workconsent was required.

Appears in 1 contract

Sources: Lease Agreement (Orthofix Medical Inc.)

Improvements; Alterations. The provisions of this Section 6.1 shall apply to improvements and alterations contemplated subsequent to the tenant improvements described in the Workletter. No alterations, physical additions or improvements in or Improvements to the Premises may shall be made without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, plumbing, electrical or mechanical systems. Tenant may not paint or install lighting, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold its consent to any such painting or installation which could affect the appearance of the exterior of the Building or of any common areas of the Building. All alterations, additions and improvements installed in the Premises must be (i) performed at Tenant's ’s expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and which approval shall be governed by the provisions set forth in this Section 8.1. No alterations or physical additions in or to the Premises may be made without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed; however, Landlord may withhold its consent to any alteration or addition that would (iia) constructedadversely affect more than to a de minimis extent (in the reasonable discretion of Landlord) the Building’s Structure or the Building’s Systems (including the Project’s restrooms), maintained and used by Tenant at its own risk and expense or (b) affect more than to a de minimis extent (in accordance with all laws. the sole but reasonable discretion of Landlord's approval ) the exterior appearance of the Project. Tenant shall not install decorations, signs, window or door lettering, or advertising media of any type visible from the exterior of the Premises without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion. Notwithstanding the foregoing, Tenant shall not be required to obtain Landlord’s consent for (1) repainting or recarpeting (regardless of the cost), or (2) other alterations, tenant improvements, or physical additions to the Premises which are cosmetic in nature totaling less than $375,000 (which amount shall be increased by 10% every five years) in any single instance or series of related alterations performed within a six-month period (provided that Tenant shall not perform any improvements, alterations or additions to the Premises in stages as a means to subvert this provision), in each case provided that (A) Tenant delivers to Landlord written notice thereof, a list of contractors and subcontractors to perform the work (and certificates of insurance for each such party) and any plans and specifications is not a representation by Landlord that therefor prior to commencing any such alterations, additions, or improvements comply with any law. Prior to commencing any work, Tenant agrees to reimburse Landlord (for the actual out-of-pocket costs incurred to third parties informational purposes only so long as no consent is required by Landlord in connection with supervising as required by this Lease), (B) the installation thereof does not require the issuance of any building permit or other governmental approval, or involve any core drilling or the configuration or location of any exterior or interior walls of either of the Buildings, and (C) such alterations, additions and improvements will not affect (i) the Building’s Structure or the Building’s Systems, or (ii) the appearance of the exterior of either of the Buildings. All alterations, additions, and improvements performed shall be constructed, maintained, and used by Tenant subsequent Tenant, at its risk and expense, in accordance with all Laws; Landlord’s consent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion approval of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 to improvements (or the contraryplans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord's consent will not ’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be required if (i) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems of the Building, (ii) the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of solely responsible for ensuring all such alterations prior to commencement of any workcompliance.

Appears in 1 contract

Sources: Lease Agreement (Ciena Corp)

Improvements; Alterations. The provisions of this Section 6.1 shall apply to improvements and alterations contemplated subsequent to the tenant improvements described in the Workletter. No alterations, physical additions or improvements in or Improvements to the Premises may shall be made without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, plumbing, electrical or mechanical systems. Tenant may not paint or install lighting, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold its consent to any such painting or installation which could affect the appearance of the exterior of the Building or of any common areas of the Building. All alterations, additions and improvements installed in the Premises must be (i) performed at Tenant's expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and (ii) constructed, maintained and used which approval shall be governed by Tenant at its own risk and expense standards in accordance with all lawsthe following sentence. No alterations or physical additions in or to the Premises may be made without Landlord's approval prior written consent, which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any alteration or addition that would adversely affect (in the reasonable discretion of Landlord) (1) the Building's Structure or the Building's Systems (including the Building's restrooms or mechanical rooms), (2) the exterior appearance of the Building, or (3) the appearance of the Building's common areas or elevator lobby areas. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any such painting or installation which would affect the appearance of the exterior of the Building or of any common areas of the Building. Notwithstanding the foregoing, and subject to Section 21, Tenant shall not be required to obtain Landlord's consent for repainting, recarpeting, or other non-structural alterations, tenant improvements, or non-permanent temporary additions to the Premises which are cosmetic in nature totaling less than $20,000 in any single instance or series of related alternations performed during the Term of this Lease (provided that Tenant shall not perform any improvements, alterations or additions to the Premises in stages as a means to subvert this provision), in each case provided that (A) Tenant delivers to Landlord written notice thereof, a list of contractors and subcontractors to perform the work (and certificates of insurance for each such party) and any plans and specifications is not a representation by Landlord that therefor prior to commencing any such alterations, additions, or improvements comply with any law. Prior to commencing any work, Tenant agrees to reimburse Landlord (for the actual out-of-pocket costs incurred to third parties informational purposes only so long as no consent is required by Landlord in connection with supervising as required by this Lease), (B) the installation thereof does not involve any core drilling or the reconfiguration or relocation of any exterior or interior load bearing walls of the Building, and (C) such alterations, additions and improvements will not affect (i) the Building's Structure or the Building's Systems, including the distribution of the HVAC under Section 7.(a), (ii) the provision of services to other Building tenants, or (iii) the appearance of the Building's common areas or the exterior of the Building. All alterations, additions, and improvements performed shall be constructed, maintained, and used by Tenant subsequent Tenant, at its risk and expense, in accordance with all Laws; Landlord's consent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion approval of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 to improvements (or the contraryplans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord's consent will not acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be required if (i) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems of the Building, (ii) the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of solely responsible for ensuring all such alterations prior to commencement of any workcompliance.

Appears in 1 contract

Sources: Lease Agreement (Daisytek International Corporation /De/)

Improvements; Alterations. The provisions of this Section 6.1 shall apply to improvements and alterations contemplated subsequent to the tenant improvements described in the Workletter. No alterations, physical additions or improvements in or Improvements to the Premises may shall be made without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect installed at the Building's structure or its HVAC, plumbing, electrical or mechanical systems. expense of Tenant may not paint or install lighting, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold its consent to any such painting or installation which could affect the appearance of the exterior of the Building or of any common areas of the Building. All alterations, additions and improvements installed in the Premises must be (i) performed at Tenant's expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and (ii) constructedwhich approval shall not be unreasonably withheld, maintained and used by conditioned or delayed. After the initial Tenant at its own risk and expense improvements are made, no alterations or physical additions in accordance with all lawsor to the Premises may be made without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises without the prior written consent of Landlord's approval of the plans and specifications is , which consent shall not a representation by Landlord that such be unreasonably withheld, conditioned or delayed. All alterations, additions, or improvements comply with (whether temporary or permanent in character, and including without limitation all air-conditioning equipment and all other equipment that is in any lawmanner connected to the Building’s plumbing system) made in or upon the Premises, either by Landlord or Tenant, shall be Landlord’s property at the end of the Term and shall remain on the Premises without compensation to Tenant. Prior to commencing any workNotwithstanding the foregoing, Tenant agrees shall have the right to reimburse make non-structural alterations to the Premises so long as (i) they do not affect any Building systems such as mechanical, electrical or plumbing systems (ie movement of a wall likely affects HVAC systems and would require Landlord for approval), (ii) they do not exceed a cost of $20,000, and (iii) Tenant gives Landlord fifteen (15) days prior written notice of Tenant’s intention of constructing such improvements including a description of the actual out-of-pocket costs incurred improvements to third parties be installed. Approval by Landlord of any of Tenant’s drawings and plans and specifications prepared in connection with supervising such alterations, additions any improvements in the Premises shall not constitute a representation or improvements performed by Tenant subsequent warranty of Landlord as to the tenant adequacy or sufficiency of such drawings, plans and specifications, or the improvements described in to which they relate, for any use, purpose, or condition, but such approval shall merely be the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion consent of any alterations, additions or improvementsLandlord as required hereunder. Notwithstanding anything in this Section 6.1 Lease to the contrary, Landlord's consent will not Tenant shall be responsible for the cost of all work required if to comply with the retrofit requirements of the Americans with Disabilities Act of 1990, and all rules, regulations, and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations made in or to the Premises at the request of or by Tenant or by Tenant’s use of the Premises (iother than retrofit work whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), regardless of whether such cost is incurred in connection with retrofit work required in the Premises (including the Work described in Exhibit D) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems in other areas of the Building. Landlord represents that, to Landlord’s knowledge, the Project complies and/or will comply with all Federal ADA and TAS standards in all material respects as well as all other current (ii) the alterations do not affect the structure as of the Buildingdate hereof) governmental regulations, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior all material respects, that apply to commencement of any worksimilar office building projects.

Appears in 1 contract

Sources: Lease Agreement (Arthrocare Corp)

Improvements; Alterations. The provisions of this Section 6.1 8.1.1. Tenant shall apply not make, or allow to improvements and alterations contemplated subsequent to the tenant improvements described in the Workletter. No be made, any alterations, physical additions additions, improvements or improvements in partitions, including without limitation the attachment of any fixtures or equipment, in, about or to the Premises may be made ("ALTERATIONS") without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, plumbing, electrical or mechanical systems. Tenant may not paint or install lighting, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without obtaining the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold , which consent shall not be unreasonably withheld with respect to proposed Alterations which: (1) comply with all applicable Regulations; (2) are, in Landlord's opinion, compatible with the Building or the Project and its consent mechanical, plumbing, electrical, heating/ventilation/air conditioning systems, and will not cause the Building or Project or such systems to be required to be modified to comply with any such painting or installation which could affect Regulations (including, without limitation, the appearance Americans With Disabilities Act); and (3) will not interfere with the use and occupancy of the exterior any other portion of the Building or of Project by any common areas other tenant or its invitees. Specifically, but without limiting the generality of the Building. All alterationsforegoing, additions and improvements installed in Landlord shall have the Premises must be (i) performed at Tenant's expense and only in accordance with right of written consent for all plans and specifications which have been previously submitted for the proposed Alterations, construction means and methods, all appropriate permits and licenses, any contractor or subcontractor to and approved in writing by Landlordbe employed on the work of Alterations, and (ii) constructed, maintained and used by Tenant at its own risk and expense in accordance with all laws. Landlord's approval the time for performance of the plans and specifications is not a representation by Landlord that such alterations, additions, or improvements comply with any law. Prior to commencing any work, and may impose rules and regulations for contractors and subcontractors performing such work. Tenant agrees shall also supply to reimburse Landlord for the actual out-of-pocket costs incurred to third parties any documents and information reasonably requested by Landlord in connection with supervising Landlord's consideration of a request for approval hereunder. Tenant shall cause all Alterations to be accomplished in a good and workmanlike manner, and to comply with all applicable Regulations. Tenant shall at Tenant's sole expense, perform any additional work required under applicable Regulations due to the Alterations hereunder. No review or consent by Landlord of or to any proposed Alteration or additional work shall constitute a waiver of Tenant's obligations under this Paragraph 8. 1. Tenant shall reimburse Landlord for all costs which Landlord may incur in connection with granting approval to Tenant for any such alterationsAlterations, additions including any costs or improvements expenses which Landlord may incur in electing to have outside architects and engineers review said plans and specifications. All such Alterations shall remain the property of Tenant until the expiration or earlier termination of this Lease, at which time they shall be and become the property of Landlord; provided, however, that Landlord may, at Landlord's option, require that Tenant, at Tenant's expense, remove any or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. Ail such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. 8.1.2. Notwithstanding the foregoing, at Landlord's option (but without obligation), all or any portion of the Alterations shall be performed by Landlord for Tenant's account and Tenant subsequent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 to the contrary, shall pay Landlord's consent will not be required if (i) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems estimate of the Building, cost thereof (iiincluding a reasonable charge for Landlord's overhead and profit) the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior to commencement of the work. In addition, at Landlord's election and notwithstanding the foregoing, however, Tenant shall pay to Landlord the cost of removing any worksuch Alterations and restoring the Premises to their original condition such cost to include a reasonable charge for Landlord's overhead and profit as provided above, and such amount may be deducted from the Security Deposit or any other sums or amounts held by Landlord under this Lease. 8.1.3. At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located.

Appears in 1 contract

Sources: Lease Agreement (Qorus Com Inc)

Improvements; Alterations. The provisions of this Section 6.1 shall apply to improvements and alterations contemplated subsequent Improvements to the tenant Premises shall be installed at the expense of Tenant only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. After the initial Tenant improvements described in the Workletter. No alterationsare made, no alterations or physical additions or improvements in or to the Premises may be made without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, plumbing, electrical or mechanical systemsconsent. Tenant may shall not paint or install lightinglighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold its consent to any such painting , which approval shall not be unreasonably withheld or installation which could affect the appearance of the exterior of the Building or of any common areas of the Buildingdelayed. All alterations, additions and improvements installed in the Premises must be (i) performed at Tenant's expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and (ii) constructed, maintained and used by Tenant at its own risk and expense in accordance with all laws. Landlord's approval of the plans and specifications is not a representation by Landlord that such alterations, additions, or improvements comply with (whether temporary or permanent in character, and including without limitation all air-conditioning equipment and all other equipment that is in any law. Prior manner connected to commencing any workthe Building's plumbing system) made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property at the end of the Term and shall remain on the Premises without compensation to Tenant; provided, however, if Tenant obtains Landlord's prior written approval, Tenant agrees shall have the right to reimburse Landlord for remove trade fixtures and Tenant-installed improvements during the actual out-of-pocket costs incurred to third parties Term so long as Tenant repairs any damage caused by removal. Approval by Landlord of any of Tenant's drawings and plans and specifications prepared in connection with supervising such alterations, additions any improvements in the Premises shall not constitute a representation or improvements performed by Tenant subsequent warranty of Landlord as to the tenant adequacy or sufficiency of such drawings, plans and specifications, or the improvements described in to which they relate, for any use, purpose, or condition, but such approval shall merely be the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion consent of any alterations, additions or improvementsLandlord as required hereunder. Notwithstanding anything in this Section 6.1 Lease to the contrary, LandlordTenant shall be responsible for the cost of all work required to comply with the retrofit requirements of the Americans with Disabilities Act of 1990, and all rules, regulations, and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations made in or to the Premises at the request of or by Tenant or by Tenant's consent will not be use of the Premises (other than retrofit work whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), regardless of whether such cost is incurred in connection with retrofit work required if in the Premises (iincluding the Work described in Exhibit D) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems in other areas of the Building, (ii) the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior to commencement of any work.

Appears in 1 contract

Sources: Lease Agreement (Daleen Technologies Inc)

Improvements; Alterations. The provisions Landlord will afford Tenant an allowance of this Section 6.1 shall apply $30.00 per rentable square foot to improvements and alterations contemplated subsequent cover the cost of certain non-structural, tenant improvements, including all architectural related fees, to be made to the tenant improvements Premises by Tenant, as more particularly described in the Workletter. The cost of any tenant improvements and all fees and expenses relating thereto in excess of the amount of said allowance shall be borne and paid for by Tenant. Landlord will enter into a contract with the general contractor to perform the alterations and tenant improvements. No alterations, other alterations or physical additions or improvements in or to the Premises may be made without Landlord's prior written consent which consent shall not unreasonably be withheldconsent. Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, plumbing, electrical or mechanical systems. Tenant may not paint or install lighting, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold its consent to any such painting or installation which could affect the appearance of the exterior of the Building or of any common areas of the Building. All alterations, additions additions, and improvements installed in the Premises must be (i) performed at Tenant's expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and (ii) constructed, maintained and used by Tenant at its own risk and expense in accordance with all laws. Landlord's approval of the plans and specifications is not a representation by Landlord that such alterations, additions, or improvements comply with any law. Prior to commencing any work, Tenant agrees to reimburse pay to Landlord for a supervisory and administrative fee equal to five percent (5%) of the actual out-of-pocket costs incurred to third parties by Landlord in connection with supervising such cost of any alterations, additions or improvements performed by Tenant subsequent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 to the contrary, Landlord's consent will not be required if (i) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems of the Building, (ii) the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior to commencement of any work.

Appears in 1 contract

Sources: Lease Agreement (Hotjobs Com LTD)

Improvements; Alterations. The provisions of this Section 6.1 shall apply to improvements and alterations contemplated subsequent Improvements to the tenant improvements described Premises shall be installed at Tenant's expense only in the Workletteraccordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. No alterations, alterations or physical additions or improvements in or to the Premises may be made without Landlord's prior written consent consent, which consent shall not be unreasonably be withheld. , delayed or conditioned; however, Landlord may withhold its consent to any alteration or addition that could would adversely affect the Building's structure or adversely affect its HVAC, plumbing, electrical electrical, or mechanical systems. Tenant may shall not paint or install lightinglighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that , which shall not be unreasonably withheld, delayed or conditioned; however, Landlord may withhold its consent to any such painting or installation which could would affect the appearance of the exterior of the Building or of any common areas of the Building. All alterations, additions additions, or improvements made in or upon the Premises shall, at Landlord's option, either be removed by Tenant prior to the end of the Term (and Tenant shall repair all damage caused thereby), or shall remain on the Premises at the end of the Term without compensation to Tenant. Whenever Tenant applies to Landlord for consent to a proposed alteration, addition or improvement that includes items in the nature of fixtures to real property, in connection with any consent that Landlord might give, Landlord shall advise Tenant by notice whether Landlord will require Tenant to remove or to leave behind such items upon expiration of the Term. All alterations, additions, and improvements installed in the Premises must shall be (i) performed at Tenant's expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and (ii) constructed, maintained maintained, and used by Tenant Tenant, at its own risk and expense expense, in accordance with all applicable laws. ; Landlord's approval of the plans and specifications is therefor shall not be a representation by Landlord that such alterations, additions, or improvements comply with any law. Prior to commencing any work, Tenant agrees to reimburse Landlord for the actual out-of-pocket costs incurred to third parties by Landlord in connection with supervising such alterations, additions or improvements performed by Tenant subsequent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 to the contrary, Landlord's consent will not be required if (i) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems of the Building, (ii) the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior to commencement of any work.

Appears in 1 contract

Sources: Lease Agreement (Palatin Technologies Inc)

Improvements; Alterations. The provisions of this Section 6.1 8.1.1 Tenant shall apply not make, or allow to improvements and alterations contemplated subsequent to the tenant improvements described in the Workletter. No be made, any alterations, physical additions additions, improvements or improvements in partitions, including without limitation the attachment of any fixtures or equipment, in, about or to the Premises may be made ("Alterations") without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, plumbing, electrical or mechanical systems. Tenant may not paint or install lighting, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without obtaining the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold , which consent shall not be unreasonably withheld with respect to proposed Alterations which: (1) comply with all applicable Regulations; (2) are, in Landlord's opinion, compatible with the Building or the Project and its consent mechanical, plumbing, electrical, heating/ventilation/air conditioning systems, and will not cause the Building or Project or such systems to be required to be modified to comply with any such painting or installation which could affect Regulations (including, without limitation, the appearance Americans With Disabilities Act); and (3) will not interfere with the use and occupancy of the exterior any other portion of the Building or of Project by any common areas other tenant or its invitees. Specifically, but without limiting the generality of the Building. All alterationsforegoing, additions and improvements installed in Landlord shall have the Premises must be (i) performed at Tenant's expense and only in accordance with right of written consent for all plans and specifications which have been previously submitted for the proposed Alterations, construction means and methods, all appropriate permits and licenses, any contractor or subcontractor to and approved in writing by Landlordbe employed on the work of Alterations, and (ii) constructed, maintained and used by Tenant at its own risk and expense in accordance with all laws. Landlord's approval the time for performance of the plans and specifications is not a representation by Landlord that such alterations, additions, or improvements comply with any law. Prior to commencing any work, and may impose rules and regulations for contractors and subcontractors performing such work. Tenant agrees shall also supply to reimburse Landlord for the actual out-of-pocket costs incurred to third parties any documents and information reasonably requested by Landlord in connection with supervising Landlord's consideration of a request for approval hereunder. Tenant shall cause all Alterations to be accomplished in a good and workmanlike manner, and to comply with all applicable Regulations. Tenant shall at Tenant's sole expense, perform any additional work required under applicable Regulations due to the Alterations hereunder. No review or consent by Landlord of or to any proposed Alteration or additional work shall constitute a waiver of Tenant's obligations under this Paragraph 8. 1. Tenant shall reimburse Landlord for all costs which Landlord may incur in connection with granting approval to Tenant for any Alterations beyond those originally agreed upon at the commencement of the Lease, including any costs or expenses which Landlord may incur in electing to have outside architects and engineers review said plans and specifications. All such alterationsAlterations shall remain the property of Tenant until the expiration or earlier termination of this Lease, additions at which time they shall be and become the property of Landlord; provided, however, that Landlord may, at Landlord's option, require that Tenant, at Tenant's expense, remove any or improvements all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. 8.1.2 Notwithstanding the foregoing, at Landlord's option (but without obligation), all or any portion of the Alterations shall be performed by Landlord for Tenant's account and Tenant subsequent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 to the contrary, shall pay Landlord's consent will not be required if (i) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems estimate of the Building, cost thereof (iiincluding a reasonable charge for Landlord's overhead and profit) the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior to commencement of the work. In addition, at Landlord's election and notwithstanding the foregoing, however, Tenant shall pay to Landlord the cost of removing any worksuch Alterations and restoring the Premises to their original condition such cost to include a reasonable charge for Landlord's overhead and profit as provided above, and such amount may be deducted from the Security Deposit or any other sums or amounts held by Landlord under this Lease. 8.1.3 At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located.

Appears in 1 contract

Sources: Lease Agreement (Manchester Technologies Inc)

Improvements; Alterations. The provisions of this Section 6.1 shall apply to improvements and alterations contemplated subsequent Improvements to the tenant improvements described Premises shall be installed at Tenant's expense only in the Workletteraccordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. No alterations, alterations or physical additions or improvements in or to the Premises may be made without Landlord's prior written consent consent, which consent shall not be unreasonably be withheld. withheld or delayed; however, Landlord may withhold its consent to any alteration or addition that could would affect the Building's structure or its HVAC, plumbing, electrical electrical, or mechanical systems. Tenant may shall not paint or install lightinglighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that , which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any such painting or installation which could would affect the appearance of the exterior of the Building or of any common areas of the Building. All alterations, additions additions, or improvements made in or upon the Premises shall, at Landlord's option, either be removed by Tenant prior to the end of the Term (and Tenant shall repair all damage caused thereby), or shall remain on the Premises at the end of the Term without compensation to Tenant; however, Tenant shall not be required to remove any addition or improvement to the Premises if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed at the end of the Term. All alterations, additions, and improvements installed in the Premises must shall be (i) performed at Tenant's expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and (ii) constructed, maintained maintained, and used by Tenant Tenant, at its own risk and expense expense, in accordance with all laws. Laws; Landlord's approval of the plans and specifications is therefor shall not be a representation by Landlord that such alterations, additions, or improvements comply with any law. Prior to commencing any work, Tenant agrees to reimburse Landlord for the actual out-of-pocket costs incurred to third parties by Landlord in connection with supervising such alterations, additions or improvements performed by Tenant subsequent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 to the contrary, Landlord's consent will not be required if (i) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems of the Building, (ii) the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior to commencement of any workLaw.

Appears in 1 contract

Sources: Lease Agreement (First Consulting Group Inc)

Improvements; Alterations. The provisions of this Section 6.1 shall apply to improvements and alterations contemplated subsequent to the tenant improvements described in the Workletter. No alterations, physical additions or improvements in or Improvements to the Premises may shall be made without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, plumbing, electrical or mechanical systems. Tenant may not paint or install lighting, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold its consent to any such painting or installation which could affect the appearance of the exterior of the Building or of any common areas of the Building. All alterations, additions and improvements installed in the Premises must be (i) performed at Tenant's ’s expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, which approval shall be governed by the provisions set forth in this Section 8(a). No alterations or physical additions in or to the Premises may be made without Landlord’s prior written consent, which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any alteration or addition that would adversely affect (in the reasonable discretion of Landlord) the (1) Building’s Structure or the Building’s Systems (including the Building’s restrooms or mechanical rooms), (2) exterior appearance of the Building, (3) appearance of the Building’s common areas, if any, or (4) provision of services to any other occupants of the Building. Landlord’s consent shall not be required for non-structural, interior cosmetic improvements costing less than $50,000 in the aggregate and (ii) constructednot requiring a permit, maintained provided however, at the expiration or earlier termination of this Lease, Tenant shall, at Landlord’s election, remove any such improvements and used by restore the Premises to its prior condition. Landlord agrees that Tenant shall not be required to remove the tenant improvements to be constructed in the Premises pursuant to Exhibit D at the expiration or earlier termination of this Lease to the extent such improvements are consistent with general office improvements or to the extent such improvements provide supplemental HVAC or additional electricity to the labs and/or server rooms in the Premises. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type visible from the exterior of the Premises without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion. Notwithstanding the foregoing and provided Tenant is not in default under this Lease, Tenant shall have the right, at its own risk sole cost and expense and subject to obtaining all governmental permits and approvals therefor, to install one exterior identification sign (Building top, eyebrow or monument) at a location to be designated by Landlord, and otherwise in accordance with all lawsLaws and the provisions of this Lease. The size, shape, content, general appearance, design, materials, coloring and lettering of said signage shall be subject to Landlord's ’s prior approval, which approval shall not be unreasonably withheld. Tenant shall be responsible for the fabrication, installation, maintenance and repair of such signage in good condition at Tenant’s sole cost and expense. At the plans expiration or earlier termination of this Lease, Tenant shall, at Tenant’s sole expense, remove Tenant’s signage and specifications is restore the Building and/or the Project to its original condition in connection with the removal of such signage. Tenant’s indemnity of Landlord under this Lease shall apply to Tenant’s signage. The signage rights granted to Tenant are personal to the original Tenant signing this Lease and any Permitted Transferee and shall not a representation by Landlord that such inure to the benefit of any assignee, subtenant or other occupant. All alterations, additions, and improvements shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws; Landlord’s consent to or improvements comply with any law. Prior to commencing any work, Tenant agrees to reimburse Landlord for the actual out-of-pocket costs incurred to third parties by Landlord in connection with supervising such alterations, additions or improvements performed by Tenant subsequent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion approval of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 to improvements (or the contraryplans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord's consent will not ’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be required if (i) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems of the Building, (ii) the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of solely responsible for ensuring all such alterations prior to commencement of any workcompliance.

Appears in 1 contract

Sources: Lease Agreement (Riverbed Technology, Inc.)

Improvements; Alterations. The provisions of this Section 6.1 shall apply to Tenant may install improvements and alterations contemplated subsequent to the tenant improvements described in the Workletter. No alterations, physical additions or improvements in or to the Premises may be made without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, plumbing, electrical or mechanical systems. Tenant may not paint or install lighting, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold its consent to any such painting or installation which could affect the appearance of the exterior of the Building or of any common areas of the Building. All alterations, additions and improvements installed in the Premises must be (i) performed only at Tenant's ’s expense and only in accordance with plans and specifications which that have been previously submitted to and approved in writing by Landlord, and using contractors approved in writing by Landlord. Except as otherwise provided in Section 8.(f), Tenant shall not paint or install lighting or decorations, signs, window or door lettering or advertising media of any type visible from the exterior of the Premises without the prior written consent of Landlord. Notwithstanding the foregoing, Tenant may make non-structural, interior alterations to the Premises required in the ordinary course of Tenant’s business without the written consent of Landlord provided: (i) such alterations will not be visible from outside the Premises; (ii) such alterations will not affect the Building’s structure, the provision of services to other Building tenants or the Building’s electrical, plumbing, HVAC, life safety or mechanical systems; (iii) such alterations will not violate any applicable Laws; (iv) such alterations will not unreasonably interfere with the business operations of other tenants in the Building; (v) the cost of the work for such alterations does not exceed $100,000 in any single instance or series of related alterations performed within a year (provided that Tenant shall not perform any improvements, alterations or additions to the Premises in stages as a means to subvert this provision); and (vi) Tenant secures any and all permits, licenses and approvals required to construct and install such alterations (collectively, “Permitted Alterations”). All Permitted Alterations shall be made in accordance with all applicable Laws and in a good and first-class, workmanlike manner and in accordance with the terms of this Lease, including the terms of Exhibit B. Tenant shall notify Landlord before performing any Permitted Alterations if the anticipated Permitted Alterations could disrupt any other tenants or occupants of the Building or interfere with Landlord’s operation of the Building. All such alterations, additions and improvements shall be constructed, maintained and used by Tenant at its own sole risk and expense expense, in accordance with all lawsapplicable Laws. Landlord's approval Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for the cost of all work required to comply with the retrofit requirements of the plans ADA or other applicable laws pertaining to accessibility of the Premises by disabled or handicapped persons, and specifications is not a representation all rules, regulations and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by Landlord that such alterationsany installations, additions, or improvements comply with any law. Prior alterations made in or to commencing any work, the Premises after the Commencement Date at the request of or by Tenant agrees to reimburse Landlord for or by Tenant’s use of the actual out-of-pocket costs incurred to third parties Premises (other than retrofit work whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), regardless of whether such cost is incurred in connection with supervising such retrofit work required in the Premises (including work described in Exhibit B) or in other areas of the Building. In connection with Landlord’s review and approval of Tenant’s Work or any of Tenant’s proposed alterations, additions or improvements performed by Tenant subsequent to the tenant Premises, Landlord may notify Tenant in writing, contemporaneously with Landlord’s notice of approval to Tenant with respect to the improvements described in the Workletter. question, that Landlord will require Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from such alterations prior to the Premises upon expiration of the completion of Term; provided, however Landlord will not require Tenant to remove alterations, additions or improvements to the extent the same are Building-standard, as reasonably determined by Landlord. Notwithstanding the foregoing, if Tenant does not obtain Landlord’s prior written consent for any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 improvements to the contraryPremises (whether such approval is required hereunder or otherwise), Landlord's consent will Tenant shall remove all such alterations, additions and improvements, as Landlord may request; provided such request is delivered (1) not be required if (i) less than 60 days prior to the alterations do not affect the HVAC, plumbing, electrical or mechanical systems expiration of the Building, (ii) Term in the alterations do not affect event this Lease expires at the structure end of the Building, Term and (iii2) promptly following the cost termination of this Lease if this Lease is terminated prior to the expiration of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior to commencement of any workTerm.

Appears in 1 contract

Sources: Office Lease (Plains Capital Corp)

Improvements; Alterations. The provisions of Except for any work to be performed by Landlord pursuant to Exhibit D attached to this Section 6.1 shall apply to Lease (“Tenant Improvements”), all improvements and alterations contemplated subsequent to the tenant improvements described Premises shall be installed at Tenant’s expense only in the Workletteraccordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. No alterations, alterations or physical additions or improvements in or to the Premises costing in excess of $25,000.00 in the aggregate for any one (1) Lease Year may be made without Landlord's ’s prior written consent consent, which consent shall not be unreasonably be withheld. withheld or delayed; however, Landlord may may, in its sole discretion, withhold its consent to any alteration or addition that could would affect the Building's Complex’s structure or its HVAC, plumbing, electrical electrical, or mechanical systems. All such alterations other than the Tenant Improvements installed by or on behalf of Tenant shall hereinafter be referred to as “Tenant’s Alterations”. All Tenant’s Alterations shall become the property of Landlord and shall be surrendered as part of the Premises upon the expiration or earlier termination of this Lease; provided, however, that Tenant may be required to remove those Tenant’s Alterations requiring Landlord’s approval hereunder if, as a condition of Landlord’s approval, Landlord requires the removal of the same upon the expiration or earlier termination of this Lease. Tenant shall not paint or install lightinglighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that , which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any such painting or installation which could would affect the appearance of the exterior of the Building Complex or of any common areas of the BuildingComplex. Notwithstanding the foregoing, Landlord agrees that Tenant may construct and install a monument and fascia signage and other branding and signage, at Tenant’s sole cost (“Tenant’s Signage”), subject to the prior approval of the City of Saint ▇▇▇▇, Tenant’s compliance with all applicable Laws, and the prior approval of Landlord with respect to the design, location and number of such signs, which approval shall not be unreasonably withheld. Landlord agrees to cooperate with Tenant to obtain the City of Saint Paul’s approval for Tenant’s Signage as approved by Landlord (provided that Landlord shall incur no costs with respect to the same), but Tenant shall have primary responsibility for taking all actions necessary to seek the approval of the City of Saint ▇▇▇▇. Notwithstanding anything to the contrary in this Section 8, Tenant shall be required to remove Tenant’s Signage upon the expiration or earlier termination of this Lease, and to repair any damage caused by such removal to Landlord’s satisfaction. Tenant’s removal and repair obligations hereunder shall survive the expiration or earlier termination of this Lease. Landlord agrees to provide Building standard directory board and tenant suite identification at no cost to Tenant. All alterations, additions additions, and improvements installed in the Premises must shall be (i) performed at Tenant's expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and (ii) constructed, maintained maintained, and used by Tenant Tenant, at its own risk and expense expense, in accordance with all laws. Laws; Landlord's ’s approval of the plans and specifications is therefor shall not be a representation by Landlord that such alterations, additions, or improvements comply with any law. Prior to commencing any work, Tenant agrees to reimburse Landlord for the actual out-of-pocket costs incurred to third parties by Landlord in connection with supervising such alterations, additions or improvements performed by Tenant subsequent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 to the contrary, Landlord's consent will not be required if (i) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems of the Building, (ii) the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior to commencement of any workLaw.

Appears in 1 contract

Sources: Office Lease Agreement (Cray Inc)

Improvements; Alterations. The provisions of this Section 6.1 8.1.1 Tenant shall apply not make, or allow to improvements and alterations contemplated subsequent to the tenant improvements described in the Workletter. No be made, any alterations, physical additions additions, improvements or improvements in partitions, including without limitation the attachment of any fixtures or equipment, in, about or to the Premises may be made (“Alterations”) without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, plumbing, electrical or mechanical systems. Tenant may not paint or install lighting, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without obtaining the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold , which consent shall not be unreasonably withheld with respect to proposed Alterations which: (1) comply with all applicable Regulations (defined below); (2) are, in Landlord’s opinion, compatible with the Building or the Project and its consent mechanical, plumbing, electrical, heating/ventilation/air conditioning systems, and will not cause the Building or Project or such systems to be required to be modified to comply with any such painting or installation which could affect Regulations (including, without limitation, the appearance Americans With Disabilities Act); and (3) will not interfere with the use and occupancy of the exterior any other portion of the Building or of Project by any common areas other tenant or its invitees. Specifically, but without limiting the generality of the Building. All alterationsforegoing, additions and improvements installed in the Premises Tenant must be (i) performed at Tenant's expense and only in accordance with obtain Landlord’s written consent for all plans and specifications which have been previously submitted for the proposed Alterations, construction means and methods, all appropriate permits and licenses, any contractor or subcontractor to and approved in writing by Landlordbe employed on the work of Alterations, and (ii) constructed, maintained and used by Tenant at its own risk and expense in accordance with all laws. Landlord's approval the time for performance of the plans and specifications is not a representation by Landlord that such alterations, additions, or improvements comply with any law. Prior to commencing any work, and may impose rules and regulations for contractors and subcontractors performing such work. Tenant agrees shall also supply to reimburse Landlord for the actual out-of-pocket costs incurred to third parties any documents and information requested by Landlord in connection with supervising Landlord’s consideration of a request for approval hereunder. Tenant shall cause all Alterations to be accomplished in a good and workmanlike manner, and to comply with all applicable Regulations. Tenant shall at Tenant’s sole expense, perform any additional work required under applicable Regulations due to the Alterations hereunder. No review or consent by Landlord of or to any proposed Alteration or additional work shall constitute a waiver of Tenant’s obligations under this Paragraph 8. 1. Tenant shall reimburse Landlord for all costs which Landlord may incur in connection with granting approval to Tenant for any such alterationsAlterations, additions including any costs or improvements expenses which Landlord may incur in electing to have outside architects and engineers review said plans and specifications. All such Alterations shall remain the property of Tenant until the expiration or earlier termination of this Lease, at which time they shall be and become the property of Landlord; provided, however, that Landlord may, at Landlord’s option, require that Tenant, at Tenant’s expense, remove any or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first- class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant’s trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or disposed of in accordance with applicable law, at Tenant’s sole expense. 8.1.2 Notwithstanding the foregoing, at Landlord’s option (but without obligation), all or any portion of the Alterations shall be performed by Landlord for Tenant’s account and Tenant subsequent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 to the contrary, shall pay Landlord's consent will not be required if (i) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems ’s estimate of the Building, cost thereof (iiincluding a reasonable charge for Landlord’s overhead and profit) the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior to commencement of the work. In addition, at Landlord’s election and notwithstanding the foregoing, however, Tenant shall pay to Landlord the cost of removing any worksuch Alterations and restoring the Premises to their original condition such cost to include a reasonable charge for Landlord’s overhead and profit as provided above, and such amount may be deducted from the Security Deposit or any other sums or amounts held by Landlord under this Lease. 8.1.3 At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located.

Appears in 1 contract

Sources: Lease Agreement (Healthy Extracts Inc.)

Improvements; Alterations. The provisions of this Section 6.1 shall apply to improvements and alterations contemplated subsequent Improvements to the tenant improvements described Premises shall be installed at Tenant's expense only in the Workletteraccordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. No alterations, alterations or physical additions or improvements in or to the Premises may be made without Landlord's prior written consent consent, which consent shall not be unreasonably be withheld. withheld or delayed; however, Landlord may withhold its consent to any alteration or addition that could would affect the Building's structure or its HVAC, plumbing, electrical electrical, or mechanical systems. Notwithstanding the foregoing, Tenant may from time to time make alterations, additions or improvements to the Building, without the consent of Landlord and without Landlord's approval of plans, provided: (i) the cost thereof shall not exceed Twenty-Five Thousand Dollars ($25,000.00) in the aggregate in any consecutive twelve-month period; (ii) Tenant shall, prior to commencing any such alterations, additions and/or improvements in the Building in connection therewith, furnish Landlord with a complete set of plans and specifications for any such alterations, additions and/or improvements; (iii) such alterations, additions and/or improvements shall not involve or affect the exterior or the structure of the Building or any of the mechanical or plumbing systems of the Building or the base building electrical system, as such base building electrical system exists after Tenant's installation of the Work (but such alterations may include minor electrical alterations not affecting the base building electrical system); and (iv) Tenant shall comply with all requirements of this Lease with respect to such alterations, additions and/or improvements other than obtaining the prior approval of Landlord. Tenant shall not paint or install lightinglighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that , which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any such painting or installation which could would affect the appearance of the exterior of the Building or of any common areas of the Building. Notwithstanding any provisions of the preceding sentence to the contrary, if Tenant is the sole occupant of the Building, Landlord's prior written consent shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Building. All alterations, additions additions, and improvements installed in the Premises must shall be (i) performed at Tenant's expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and (ii) constructed, maintained maintained, and used by Tenant Tenant, at its own risk and expense expense, in accordance with all laws. Laws; Landlord's approval of the plans and specifications is therefor shall not be a representation by Landlord that such alterations, additions, or improvements comply with any lawLaw. Prior Landlord shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with the Premises provided Landlord shall never be required to commencing pay any work, Tenant agrees to reimburse Landlord for the actual out-of-pocket costs incurred to third parties by Landlord expenses in connection with supervising such alterations, additions or improvements performed by Tenant subsequent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 to the contrary, Landlord's consent will not be required if (i) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems of the Building, (ii) the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior to commencement of any worktherewith.

Appears in 1 contract

Sources: Lease Agreement (Brooks Automation Inc)

Improvements; Alterations. The provisions of this Section 6.1 shall apply to improvements and alterations contemplated subsequent to the tenant improvements described in the Workletter. No Any alterations, physical additions additions, deletions, modifications or improvements in utility installations in, of or to the Premises may be made without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, plumbing, electrical or mechanical systems. Tenant may not paint or install lighting, signs, window or door lettering, or advertising media of any type on or about improvements contained within the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold its consent to any such painting or installation which could affect the appearance of the exterior of the Building or of any common areas of the Building. All alterations(collectively, additions and improvements "ALTERATIONS") shall be installed in the Premises must be (i) performed at Tenant's expense and only in accordance with detailed plans and specifications specifications, construction methods, and all appropriate permits and licenses, all of which have been previously submitted to and approved in writing by Landlord, and by a professionally qualified and licensed contractor and subcontractors approved by Landlord. Alterations shall not include the Tenant Improvements described in Exhibit C attached hereto and Tenant shall not be required to remove such initial Tenant Improvements at the expiration or earlier termination of this Lease. No Alterations in or to the Premises may be made without (iia) constructed, maintained and used by Tenant at its own risk and expense in accordance with all laws. Landlord's approval of the plans prior written consent and specifications is not a representation by (b) compliance with such nondiscriminatory requirements and construction regulations concerning such Alterations as Landlord that such alterations, additions, or improvements comply with any lawmay impose from time to time. Prior to commencing any work, Tenant agrees to reimburse Landlord for the actual out-of-pocket costs incurred to third parties by Landlord in connection with supervising such alterations, additions or improvements performed by Tenant subsequent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 to the contrary, Landlord's consent will not be required if (i) deemed to unreasonably withhold its consent to any Alteration that violates Regulations, may affect or be incompatible with the alterations do not affect the Building's structure or its HVAC, plumbing, electrical telecommunications, elevator, life-safety, electrical, mechanical or mechanical systems other basic systems, or the appearance of the Building, (ii) the alterations do not affect the structure interior common areas or exterior of the BuildingProject, or which may interfere with the use or occupancy of any other portion of the Project. Landlord shall respond to Tenant's written request for consent described in this Paragraph 7.1 within five (iii5) business days after Landlord's receipt thereof. In the event Landlord fails to so respond to Tenant within such five (5) business day time period, Landlord shall not be in default hereof nor shall Tenant be deemed to have received consent to the requested Alterations, but Tenant may provide a second written request to Landlord. Landlord shall respond to Tenant's second written request for consent described in this Paragraph 7.1 within five (5) business days after Landlord's receipt thereof. In the event Landlord fails to so respond to Tenant's second written request, Landlord shall be deemed to have rejected Tenant's request to make Alterations; provided, however, that if the total cost of any proposed Alterations by Tenant during the alterations do not exceed $15,000 in any previous six (6) month period is less than Fifty Thousand Dollars ($50,000.00), Landlord shall be deemed to have consented to Tenant's second request to make such Alterations. Notwithstanding the foregoing, Tenant shall have the right, without consent of, but upon at least ten (10) business days' prior written notice to Landlord to make non-structural, cosmetic Alterations within the interior of the Premises (and which are not visible from the outside of the Premises), which do not impair the value of the Building, and which cost, in the aggregate, less than Fifteen Thousand Dollars ($15,000.00) in any twelve (12) month period during the Term of this Lease, provided that such Alterations shall nevertheless be subject to all of the remaining requirements of this Paragraph 7 and payment of the administration fee referred to in this Paragraph 7, other than the requirement of Landlord's prior consent. In addition all Alterations shall be performed by duly licensed contractors or subcontractors reasonably acceptable to Landlord, proof of insurance shall be submitted to Landlord as required under this Lease, and Landlord reserves the right to impose reasonable rules and regulations for contractors and subcontractors. Tenant shall, if requested by Landlord, promptly furnish Landlord with complete as-built plans and specifications for any Alterations performed by Tenant to the Premises, at Tenant's sole cost and expense. All Alterations made in or upon the Premises shall, (i) at Landlord's option, either be removed by Tenant prior to the end of the Term (and Tenant shall restore the portion of the Premises affected to its condition existing immediately prior to such Alteration), or shall remain on the Premises at the end of the Term, (ii) be constructed, maintained, insured and used by Tenant, at its risk and expense, in a first-class, good and workmanlike manner, and in accordance with all Regulations, and (iviii) shall be subject to payment of Landlord's standard alterations supervision fee which standard fee shall not exceed ten percent (10%) of the cost of the Alterations. If any Alteration made or initiated by Tenant has notified or the removal thereof shall cause, trigger or result in any portion of the Project outside of the Premises, any portion of the Building's shell and core improvements (including restrooms, if any) within the Premises, or any Building system inside or outside of the Premises being required by any governmental authority to be altered, improved or removed, or may otherwise potentially affect such portions of the Project or any other tenants of the Project, Landlord shall have the option (but not the obligation) of performing the same at Tenant's expense, in which case Tenant shall pay to Landlord (within ten (10) days of Landlord's written demand) in advance Landlord's reasonable estimate of the cost of such alterations prior to commencement work, and any actual costs of such work in excess of Landlord's estimate, plus an administrative charge of ten percent (10%) thereof. At least ten (10) days before beginning construction of any workAlteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located. Notwithstanding anything to the contrary contained in this Paragraph 7.1, at the time Landlord gives its consent for any Alterations after the initial Tenant Improvements, Tenant shall also be notified whether or not Landlord will require that such Alterations be removed upon the expiration or earlier termination of this Lease. If Landlord fails to so notify Tenant within five (5) business days after Landlord's receipt of Tenant's written request for consent, it shall be assumed that Landlord will not require their removal.

Appears in 1 contract

Sources: Office Lease (Intraware Inc)

Improvements; Alterations. The provisions of this Section 6.1 shall apply to improvements Improvements and alterations contemplated subsequent to the tenant improvements described in the Workletter. No alterations, physical additions or improvements in or to the Premises may shall be installed or made without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect at the Building's structure or its HVAC, plumbing, electrical or mechanical systems. expense of Tenant may not paint or install lighting, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold its consent to any such painting or installation which could affect the appearance of the exterior of the Building or of any common areas of the Building. All alterations, additions and improvements installed in the Premises must be (i) performed at Tenant's expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, which approval shall not be unreasonably withheld with respect to non-structural improvements or alterations, but in Landlord’s sole discretion with regard to structural improvements or alterations and improvements or alterations to the exterior of the Building; provided, however, notwithstanding anything to the contrary contained herein, Tenant shall have the right without Landlord’s approval to make interior, non-structural alterations or improvements (iithat do not require work to be performed outside of the Building or do not alter the Building systems) constructedin any calendar year that do exceed $25,000 individually or $35,000 in the aggregate during such calendar year. All improvements or alterations performed by or for Tenant shall be performed in good and workmanlike manner quality. Landlord acknowledges and consents to Tenant’s installation of the IT room/AC equipment and supplemental HVAC equipment so long as Tenant provides Landlord with the specifications for such supplemental HVAC equipment, maintained and used by Tenant at its own risk and expense such supplemental HVAC equipment is installed in accordance with all lawsany applicable codes and such supplemental HVAC equipment does not exceed Building system capacities. Landlord's approval All improvements and alterations made by or for Tenant shall comply with insurance requirements and with applicable law, ordinances, and regulations, including, without limitation and to the extent applicable, laws and regulations regarding removal or alteration of structural or architectural barriers to handicapped or disabled persons (and Tenant shall construct at its expense any alteration required by such laws or regulations, as they may be amended). Tenant shall not paint or install signs, window or exterior door lettering, or advertising media of any type on the outside of the plans Building without the prior written consent of Landlord, in Landlord’s sole discretion. Obligations and specifications is not a representation by Landlord that such ownership of alterations, additions, or improvements comply with any lawat surrender shall be governed by Section 21. Prior to commencing any work, Tenant agrees to reimburse Landlord for the actual out-of-pocket costs incurred to third parties Approval by Landlord of any of Tenant’s drawings and plans and specifications prepared in connection with supervising such alterations, additions any improvements in the Premises shall not constitute a representation or improvements performed by Tenant subsequent warranty of Landlord as to the tenant adequacy or sufficiency of such drawings, plans and specifications, or the improvements described in to which they relate, for any use, purpose, or condition, but such approval shall merely be the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion consent of any alterations, additions or improvementsLandlord as required hereunder. Notwithstanding anything in this Section 6.1 Lease to the contrary, Landlord's consent will not Tenant shall be responsible for the cost of all work required if to comply with the retrofit requirements of the Americans with Disabilities Act of 1990, and all rules, regulations, and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations made in or to the Premises at the request of or by Tenant or by ▇▇▇▇▇▇’s use of the Premises (i) other than retrofit work whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), regardless of whether such cost is incurred in connection with retrofit work required in the alterations do not affect the HVAC, plumbing, electrical Premises or mechanical systems in other areas of the Building, (ii) . This Section 8.a. shall not apply to the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 Tenant Improvements which shall be governed by and paid for as provided in any six (6) month period Exhibit H-1 and (iv) Tenant has notified Landlord of such alterations prior to commencement of any workH-2.

Appears in 1 contract

Sources: Lease Agreement (PQ Group Holdings Inc.)

Improvements; Alterations. The provisions of this Section 6.1 a) Lessee shall apply to improvements and not make or permit any alterations contemplated subsequent to the tenant improvements described in the Workletter. No alterations, physical additions or improvements in or to the Premises may be made without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect weaken the Building's structure or its HVACstructural strength, plumbing, electrical or mechanical systems. Tenant may not paint or install lighting, signs, window or door letteringlessen the value of, or advertising media change the architectural appearance of any type on the building or about the Premises in a location visible from outside the Premises without other construction except with the prior written consent of LandlordLessor. Tenant acknowledges that Landlord may withhold its Lessor may, as a further condition to giving consent thereto, require Lessee to any such painting post bond with Lessor in the sum equal to estimated cost of said alteration, addition, or installation which could affect improvements securing the appearance Lessor against loss, claim or leans by reason of the exterior of the Building or of any common areas of the Buildinginstallation thereof. All alterations, additions and improvements installed in the Premises must be (i) performed at Tenant's expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and (ii) constructed, maintained and used by Tenant at its own risk and expense in accordance with all laws. Landlord's approval of the plans and specifications is not a representation by Landlord that such alterations, additions, or improvements comply with any law. Prior to commencing any work, Tenant agrees to reimburse Landlord the Premises shall be done in a workmanlike manner and shall remain for the actual out-of-pocket costs incurred to third parties by Landlord in connection with supervising such alterations, additions or improvements performed by Tenant subsequent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 to the contrary, Landlord's consent will not be required if (i) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems benefit of the Building, Lessor. Lessee shall give Lessor written notice at least ten (ii10) the alterations do not affect the structure days in advance of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior to commencement of any workalteration, addition or improvement upon the Premises so Lessor may post appropriate notice of non- responsibility. b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises. i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order. ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease. c) All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.

Appears in 1 contract

Sources: Lease Agreement

Improvements; Alterations. (a) Lessee may, at any time and from time to time during the Term, erect, maintain, (i) Lessee bears the cost of any such work; (ii) Lessor must be notified of the time for beginning and the general nature of any such work, other than routine maintenance of existing buildings or improvements, at the time the work begins; and (iii) The provisions conditions of this Section 6.1 shall apply to improvements 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations contemplated subsequent to of buildings or other improvements on the tenant improvements described in Leased Premises: (i) No building or other improvement may be constructed on the WorkletterLeased Premises unless the plans, specifications, and proposed location of the building or other improvement have received Lessor’s written approval and the building or other improvement complies with the approved plans, specifications, and proposed location. No alterations, physical additions material addition to or improvements in alteration of any building or to structure erected on the Leased Premises may be made without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, plumbing, electrical or mechanical systems. Tenant may not paint or install lighting, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold its consent to any such painting or installation which could affect the appearance of begun until plans and specifications covering the exterior of the Building proposed addition or of any common areas of the Building. All alterations, additions and improvements installed in the Premises must be (i) performed at Tenant's expense and only in accordance with plans and specifications which alteration have been previously first submitted to and approved in writing by Landlord, and Lessor. (ii) constructedLessor will promptly review and approve all plans submitted by Lessee or will note in writing any required changes or corrections that must be made to the plans. Any required changes or corrections must be made, maintained and used by Tenant at its own risk and expense in accordance with all lawsthe plans resubmitted to Lessor. Landlord's Lessor’s failure to request changes to or object to any submitted or resubmitted plans within 30 days of receipt constitutes Lessor’s approval of the plans plans. Minor changes in work or materials not affecting the general character of the project may be made at any time without Lessor’s approval. (iii) The following items do not require submission to, and specifications is approval, by Lessor: 1. Minor repairs and alternations necessary to maintain existing structures and improvements in a useful state of repair and operation; or 2. changes and alterations required by an authorized public official with authority or jurisdiction over the buildings or improvements, to comply with legal requirements. (c) Lessor will not a representation unreasonably withhold its approval of any items required by Landlord that such alterationsthis Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, additionson, or to the Leased Premises, Lessee will act as a principal and not as the agent of Lessor, and Lessor expressly disclaims any liability for the cost of labor performed by Lessee or material furnished to Lessee. Lessee will pay promptly when due the entire cost of any work affecting the Leased Premises done by or for the account of Lessee so that the Leased Premises will at all times be free of liens for labor and materials. Lessee will not cause or permit any mechanics' liens or other liens to be filed against the fee of the Leased Premises or against Lessee's leasehold interest (excluding any leasehold mortgage) in the land or any buildings or improvements comply with any law. Prior to commencing on the Leased Premises by reason of any work, Tenant labor, services, or materials supplied or claimed to have been supplied to Lessee or anyone holding the Leased Premises or any part of them through or under Lessee. Lessee agrees to reimburse Landlord indemnify and hold Lessor harmless from and against and will cause to be discharged of record forthwith (by payment, bond, order of court of competent jurisdiction, or otherwise) any mechanic's, materialman's or other lien which may at any time be filed, claimed or asserted against the Leased Premises or any part thereof or interest therein arising out of work done by or for the actual out-of-pocket costs incurred to third parties by Landlord in connection account of Lessee, irrespective of whether or not such lien is valid or enforceable. In no event will Lessor or any of Lessor's property be liable for or chargeable with supervising such alterationsany expense or lien for work, additions labor, or improvements performed by Tenant subsequent to the tenant improvements described materials used in the Workletter. Tenant agrees that it will remove Leased Premises or cause its contractor(s) to remove all waste and debris from any improvements or change thereof made at the Premises request of, or upon the completion order of, or to discharge the obligation of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 to the contrary, Landlord's consent will not be required if (i) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems of the Building, (ii) the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior to commencement of any workLessee.

Appears in 1 contract

Sources: Ground Lease

Improvements; Alterations. The provisions of this Section 6.1 Tenant, at its sole cost and expense, shall apply perform its obligations with respect to improvements design and alterations contemplated subsequent to the tenant improvements described in the Workletter. No alterations, physical additions or improvements in or to the Premises may be made without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, plumbing, electrical or mechanical systems. Tenant may not paint or install lighting, signs, window or door lettering, or advertising media construction of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold its consent improvements to any such painting or installation which could affect the appearance of the exterior of the Building or of any common areas of the Building. All alterations, additions be constructed and improvements installed in the Premises must (the “Tenant Improvements”) as provided in the “Construction Rider” at Exhibit E attached hereto and incorporated herein. Landlord, at its sole cost and expense, shall perform its obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Landlord Improvements”) as provided in the Construction Rider at Exhibit E attached hereto and incorporated herein. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises (“Alterations”), without Landlord’s prior written consent, not to be unreasonably withheld; provided, however, Tenant shall have the right to make any Alterations to the Premises, without Landlord’s consent, if the same do not exceed a cost of $50,000.00 and do not constitute structural, building systems, or weight-bearing Alterations to the Premises. Any such Tenant Improvements or Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) performed at Tenant's expense with due diligence, in a good and only workmanlike manner; (ii) in accordance compliance with plans and specifications which have been previously submitted to and reasonably approved in writing by Landlord, ; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time for the Building; (iiiv) constructed, maintained and used by Tenant at its own risk and expense in accordance with all lawsapplicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all conditions which Landlord may reasonably impose. Such conditions may include requirements for Tenant to: (a) provide evidence of performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (b) use contractors or subcontractors approved by Landlord; and (c) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as approved by Landlord in writing, subject to Landlord’s repair obligations set forth in Section 7 below. If any work outside the Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a direct result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors approved by Landlord. Landlord's ’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractors and other aspects of construction work proposed by Tenant with respect to Tenant Improvements or Alterations is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s written consent for alterations or in the Construction Rider for Tenant Improvements, all Alterations, Tenant Improvements, and Landlord Improvements shall upon installation become part of the realty and be the property of Landlord. 6.2 Before making any Alterations, Tenant shall submit to Landlord for Landlord’s prior approval reasonably detailed final plans and specifications is prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s license. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations. 6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant when performing any work in or upon the Premises including Alterations and Tenant Improvements. If any such lien attaches to the Premises or the Property, and Tenant does not a representation cause the same to be released by payment, bonding or otherwise within thirty (30) days after Tenant receives actual knowledge of the attachment thereof, then, Landlord that such alterationsshall have the right but not the obligation to cause the same to be released, additions, or improvements comply with and any law. Prior to commencing any work, Tenant agrees to reimburse Landlord for the actual out-of-pocket costs incurred to third parties sums reasonably expended by Landlord in connection with supervising such alterations, additions or improvements performed therewith shall be payable by Tenant subsequent ten (10) days after written demand with interest thereon from the date which is the 11th day after Landlord’s notice at the Interest Rate (as defined in Section 16.2—Interest). Tenant shall give Landlord reasonable notice prior to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 to the contrary, Landlord's consent will not be required if (i) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems of the Building, (ii) the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior to commencement of any workAlterations and reasonably cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith. 6.4 Subject to the provisions of Section 5—

Appears in 1 contract

Sources: Lease Agreement (PharMEDium Healthcare Holdings, Inc.)

Improvements; Alterations. The provisions of this Section 6.1 shall apply to improvements and alterations contemplated subsequent to the tenant improvements described in the Workletter. No alterations, physical additions or improvements in or Improvements to the Premises may shall be made without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, plumbing, electrical or mechanical systems. Tenant may not paint or install lighting, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold its consent to any such painting or installation which could affect the appearance of the exterior of the Building or of any common areas of the Building. All alterations, additions and improvements installed in the Premises must be (i) performed at Tenant's ’s expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and which approval shall be governed by the provisions set forth in this Section 8.1. No alterations or physical additions in or to the Premises may be made without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed; however, Landlord may withhold its consent to any alteration or addition that would (iia) constructedadversely affect more than to a de minimis extent (in the reasonable discretion of Landlord) the Building’s Structure or the Building’s Systems (including the Project’s restrooms), maintained and used by Tenant at its own risk and expense or (b) affect more than to a de minimis extent (in accordance with all laws. the sole but reasonable discretion of Landlord's approval ) the exterior appearance of the Project. Tenant shall not install decorations, signs, window or door lettering, or advertising media of any type visible from the exterior of the Premises without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion. Notwithstanding the foregoing, Tenant shall not be required to obtain Landlord’s consent for (1) repainting or recarpeting (regardless of the cost), or (2) other alterations, tenant improvements, or physical additions to the Premises which are cosmetic in nature totaling less than $375,000 (which amount shall be increased by 10% every five years) in any single instance or series of related alterations performed within a six-month period (provided that Tenant shall not perform any improvements, alterations or additions to the Premises in stages as a means to subvert this provision), in each case provided that (A) Tenant delivers to Landlord written notice thereof, a list of contractors and subcontractors to perform the work (and certificates of insurance for each such party) and any plans and specifications is not a representation by Landlord that therefor prior to commencing any such alterations, additions, or improvements comply with any law. Prior to commencing any work, Tenant agrees to reimburse Landlord (for the actual out-of-pocket costs incurred to third parties informational purposes only so long as no consent is required by Landlord in connection with supervising as required by this Lease), (B) the installation thereof does not require the issuance of any building permit or other governmental approval, or involve any core drilling or the configuration or location of any exterior or interior walls of the Building, and (C) such alterations, additions and improvements will not affect (i) the Building’s Structure or the Building’s Systems, or (ii) the appearance of the exterior of the Building. All alterations, additions, and improvements performed shall be constructed, maintained, and used by Tenant subsequent Tenant, at its risk and expense, in accordance with all Laws; Landlord’s consent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion approval of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 to improvements (or the contraryplans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord's consent will not ’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be required if (i) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems of the Building, (ii) the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of solely responsible for ensuring all such alterations prior to commencement of any workcompliance.

Appears in 1 contract

Sources: Lease Agreement (Ciena Corp)

Improvements; Alterations. The provisions of this Section 6.1 shall apply to improvements and alterations contemplated subsequent to the tenant improvements described in the Workletter. No alterations, physical additions or improvements in or Improvements to the Premises may shall be made without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, plumbing, electrical or mechanical systems. Tenant may not paint or install lighting, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold its consent to any such painting or installation which could affect the appearance of the exterior of the Building or of any common areas of the Building. All alterations, additions and improvements installed in the Premises must be (i) performed at Tenant's expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and no alterations or physical additions in or to the Premises may be made without Landlord's prior written consent. Landlord's approval of any such plans and specifications and consent of any such alterations and/or additions shall not be unreasonably withheld, delayed or conditioned; however, Landlord may withhold its consent to any plans and specifications and/or any alteration or addition that would affect the Building's Structure or would have an adverse effect on the Building's heated and refrigerated air conditioning ("HVAC"), plumbing, electrical, or mechanical systems. Notwithstanding the foregoing, Tenant may from time to time make alterations, additions or improvements to the Premises, without the consent of Landlord and without Landlord's approval of plans, provided: (i) the cost thereof shall not exceed Twenty-Five Thousand Dollars ($25,000.00) (which Twenty- Five Thousand Dollars ($25,000.00) shall be exclusive of the cost of any decorative improvements (i.e., painting and carpeting) and any minor electrical --- alterations not affecting the base building electrical system) in the aggregate in any consecutive twelve-month period; (ii) except for such decorative improvements and minor electrical alterations, Tenant shall, prior to commencing any such alterations, additions and/or improvements in the Premises in connection therewith, furnish Landlord with a complete set of plans and specifications for any such alterations, additions and/or improvements; (iii) such alterations, additions and/or improvements shall not affect the exterior or the structure of the Building or have any adverse effect on any of the mechanical, electrical or plumbing systems of the Building; and (iv) Tenant shall comply with all requirements of this Lease with respect to such alterations, additions and/or improvements other than obtaining the prior approval of Landlord. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which might affect the appearance of the exterior of the Building or any other portion of the Premises other than the interior of the Building without the prior written consent of Landlord, which shall not be unreasonably withheld, delayed or conditioned; however, Landlord may withhold its consent to any such painting or installation which would affect the appearance of the exterior of the Building. All alterations, additions, or improvements made in or upon the Premises shall be removed by Tenant prior to the end of the Term (and Tenant shall repair all damage caused thereby) if Landlord conditioned its consent to the initial installation of any such alterations, additions or improvements upon such removal; otherwise, in the absence of such a removal condition with respect to each and every alteration, addition or improvement, all such alterations, additions or improvements (excluding moveable partitions and Tenant's trade fixtures and personal property) shall remain on the Premises at the end of the Term without compensation to Tenant. All alterations, additions, and improvements shall be constructed, maintained maintained, and used by Tenant Tenant, at its own risk and expense expense, in accordance with all laws. Laws; Landlord's approval of the plans and specifications is therefor shall not be a representation by Landlord that such alterations, additions, or improvements comply with any law. Prior to commencing any work, Tenant agrees to reimburse Landlord for the actual out-of-pocket costs incurred to third parties by Landlord in connection with supervising such alterations, additions or improvements performed by Tenant subsequent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 to the contrary, Landlord's consent will not be required if (i) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems of the Building, (ii) the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior to commencement of any workLaw.

Appears in 1 contract

Sources: Lease Agreement (Sycamore Networks Inc)

Improvements; Alterations. The provisions (a) Landlord will provide Tenant with a tenant improvement allowance in the amount of this Section 6.1 $500,000.00 (the “Allowance") to cover the cost of construction of certain non-structural, tenant improvements to be made to the Premises by or on behalf of Tenant, including but not limited to architectural and engineering fees. Tenant shall apply (i) give Landlord not less than thirty (30) days prior written notice, and (ii) obtain Landlord's prior written approval, which shall not be unreasonably withheld, of the proposed tenant improvements before authorizing or commencing construction of the same. Tenant will enter into a contract with its contractor(s) and/or architect(s)/engineer(s) to improvements and alterations contemplated subsequent to perform the tenant improvements to the Premises. Tenant covenants, acknowledges and agrees that the cost of any tenant improvements for the Premises and all fees and expenses relating thereto in excess of the amount of the Allowance shall be borne solely by ▇▇▇▇▇▇ and paid on or before the date said amounts become past due and payable. Except as otherwise provided herein, ▇▇▇▇▇▇ acknowledges and agrees that it will accept the Premises in "AS-IS" condition without any representations or warranties from Landlord. (b) Landlord shall not be obligated to disburse any portion of the Allowance proceeds to Tenant unless and until Landlord has received (i) written notice from Tenant that all of the tenant improvements have been completed in a good and workmanlike manner; (ii) a copy of the certificate of occupancy for the Premises issued by either the Village of ▇▇▇▇ Ridge or the DuPage County Regional Office of Education, as the case may be; (iii) copies of all invoices relating to the costs and expenses for which Tenant is requesting reimbursement; and (iv) partial and (for the final payment) final sworn statements and lien waivers acceptable in form and substance to Landlord executed by each contractor, subcontractor and materialman who has provided materials or performed any tenant improvements for or in the Premises. Landlord will have thirty (30) days after its receipt of the documentation described in clauses (i) through (iv) above to inspect and approve the Worklettertenant improvements and disburse the Allowance proceeds to Tenant, which consent shall not be unreasonably delayed. No If any portion of the Allowance is not used for the construction of the tenant improvements, then such portion of the Allowance shall be deemed forfeited and retained by Landlord. (c) Except as provided in this Section 6.1, no other alterations, physical additions or improvements in or to the Premises may be made without Landlord's prior written consent consent, which consent shall not be unreasonably be withheld. However, Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, plumbing, electrical or electrical, mechanical and/or life safety systems. Tenant may not paint or install lighting, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold its consent to any such painting or installation which could affect the appearance of the exterior of the Building or of any common areas of the Building. All alterations, additions and improvements installed in the Premises must be (i) performed at Tenant's expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and (ii) constructed, maintained and used by Tenant at its own risk and expense in accordance with all applicable statutes, laws, ordinances, codes, rules and regulations. Landlord's approval of the plans and specifications is not a representation by Landlord that such alterations, additions, or improvements comply with any lawapplicable statutes, laws, ordinances, codes, rules and/or regulations. Prior to commencing any workwork after the Commencement Date, Tenant agrees will pay to reimburse Landlord for a supervisory and administrative fee equal to the actual out-of-pocket costs incurred to third parties by Landlord in connection with supervising related to such alterationswork; however, additions or improvements performed by Tenant subsequent to the tenant improvements described in the Worklettersuch fee shall not exceed One Thousand and 00/100 Dollars ($1,000.00). Tenant further agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion of any alterations, additions or improvements. . (d) Notwithstanding anything in this Section 6.1 to the contrary, Landlord's consent will not Tenant shall be required if permitted to perform minor repairs or improvements (i) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems e.g. painting of the Building, (iiPremises and fixture repairs) to the alterations do not affect Premises without the structure prior approval of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior to commencement of any workLandlord.

Appears in 1 contract

Sources: Lease Agreement

Improvements; Alterations. The provisions of this Section 6.1 shall apply to improvements and alterations contemplated subsequent to the tenant improvements described in the Workletter. No alterations, physical additions or improvements in or Improvements to the Premises may shall be made without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, plumbing, electrical or mechanical systems. Tenant may not paint or install lighting, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold its consent to any such painting or installation which could affect the appearance of the exterior of the Building or of any common areas of the Building. All alterations, additions and improvements installed in the Premises must be (i) performed at Tenant's ’s expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and which approval shall be governed by the provisions set forth in this Section 8(a). No alterations or physical additions in or to the Premises may be made without Landlord’s prior written consent, which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any alteration or addition that would adversely affect (iiin the reasonable discretion of Landlord) constructed(1) the Building’s Structure or the Building’s Systems (including the Building’s restrooms or mechanical rooms), maintained and used by Tenant at its own risk and expense in accordance with all laws. Landlord's approval (2) exterior appearance of the Building, (3) appearance of the Building’s common areas or elevator lobby areas, or (4) provision of services to other occupants of the Building. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type visible from the exterior of the Premises without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion. Notwithstanding the foregoing, Tenant shall not be required to obtain Landlord’s consent for repainting, recarpeting, or other alterations, tenant improvements, alterations or physical additions to the Premises which are cosmetic in nature totaling less than $50,000 in any single instance or series of related alterations performed within a six-month period (provided that Tenant shall not perform any improvements, alterations or additions to the Premises in stages as a means to subvert this provision), in each case provided that (A) Tenant delivers to Landlord written notice thereof, a list of contractors and subcontractors to perform the work (and certificates of insurance for each such party) and any plans and specifications is not a representation by Landlord that therefor prior to commencing any such alterations, additions, or improvements comply with any law. Prior to commencing any work, Tenant agrees to reimburse Landlord (for the actual out-of-pocket costs incurred to third parties informational purposes only so long as no consent is required by Landlord in connection with supervising as required by this Lease), (B) the installation thereof does not require the issuance of any building permit or other governmental approval, or involve any core drilling or the configuration or location of any exterior or interior walls of the Building, and (C) such alterations, additions and improvements will not affect (i) the Building’s Structure or the Building’s Systems, (ii) the provision of services to other Building tenants, or (iii) the appearance of the Building’s common areas or the exterior of the Building. Notwithstanding the foregoing, the referenced $50,000 cost limitation shall not apply to a project involving only carpeting and/or painting, provided that the other qualifications of the immediately preceding sentence are satisfied. All alterations, additions, and improvements performed shall be constructed, maintained, and used by Tenant subsequent Tenant, at its risk and expense, in accordance with all Laws; Landlord’s consent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion approval of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 to improvements (or the contraryplans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord's consent will not ’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be required if (i) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems of the Building, (ii) the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of solely responsible for ensuring all such alterations prior to commencement of any workcompliance.

Appears in 1 contract

Sources: Lease Agreement (Akoustis Technologies, Inc.)

Improvements; Alterations. The provisions of this Section 6.1 a) Lessee shall apply to improvements and not make or permit any alterations contemplated subsequent to the tenant improvements described in the Workletter. No alterations, physical additions or improvements in or to the Premises may be made without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect weaken the Building's structure or its HVACstructural strength, plumbing, electrical or mechanical systems. Tenant may not paint or install lighting, signs, window or door letteringlessen the value of, or advertising media change the architectural appearance of any type on the building or about the Premises in a location visible from outside the Premises without other construction except with the prior written consent of Landlord▇▇▇▇▇▇. Tenant acknowledges that Landlord may withhold its Lessor may, as a further condition to giving consent thereto, require Lessee to any such painting post bond with ▇▇▇▇▇▇ in the sum equal to estimated cost of said alteration, addition, or installation which could affect improvements securing the appearance Lessor against loss, claim or leans by reason of the exterior of the Building or of any common areas of the Buildinginstallation thereof. All alterations, additions and improvements installed in the Premises must be (i) performed at Tenant's expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and (ii) constructed, maintained and used by Tenant at its own risk and expense in accordance with all laws. Landlord's approval of the plans and specifications is not a representation by Landlord that such alterations, additions, or improvements comply with any law. Prior to commencing any work, Tenant agrees to reimburse Landlord the Premises shall be done in a workmanlike manner and shall remain for the actual out-of-pocket costs incurred to third parties by Landlord in connection with supervising such alterations, additions or improvements performed by Tenant subsequent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 to the contrary, Landlord's consent will not be required if (i) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems benefit of the Building, Lessor. Lessee shall give Lessor written notice at least ten (ii10) the alterations do not affect the structure days in advance of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior to commencement of any workalteration, addition or improvement upon the Premises so Lessor may post appropriate notice of non- responsibility. b) If applicable, the following conditions must be satisfied prior to occupancy of the Premises. i) ▇▇▇▇▇▇ has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of ▇▇▇▇▇▇'s presenting ▇▇▇▇▇▇ with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. ▇▇▇▇▇▇ and ▇▇▇▇▇▇ agree that any change in scope of work or otherwise to the plan shall be agreed upon prior to including the change in the construction contract, bid or change order. ii) Lessee shall secure comprehensive general liability and property damage insurance coverage in the amounts as set forth in Paragraph 22 of this Lease and comply with all of the other insurance matters described in said Paragraph 22 of this Lease. c) All construction shall be conducted under the direct supervision of ▇▇▇▇▇▇. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.

Appears in 1 contract

Sources: Lease Agreement

Improvements; Alterations. The provisions of this Section 6.1 shall apply to Tenant's final MENTS; ------------------------- ALTERATIONS; improvements and alterations contemplated subsequent to the tenant improvements described as depicted in the Workletterplans (the "Final REPAIRS; Plans") to be approved by Landlord and Tenant, such MAINTENANCE approval not to be unreasonably withheld, shall be completed by Tenant; provided, however, that the Fixed Construction allowance shall be paid to Tenant upon completion of its leasehold improvements as provided in Exhibit D attached hereto. No alterations, physical additions or improvements in or Improvements to the Premises may shall be made without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect installed at the Building's structure or its HVAC, plumbing, electrical or mechanical systems. expense of Tenant may not paint or install lighting, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold its consent to any such painting or installation which could affect the appearance of the exterior of the Building or of any common areas of the Building. All alterations, additions and improvements installed in the Premises must be (i) performed at Tenant's expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. After the initial Tenant improvements are made, and (ii) constructed, maintained and used by Tenant at its own risk and expense no material alterations or physical additions in accordance with all laws. or to the Premises may be made without Landlord's approval prior written consent. Tenant shall not install signs, window or door lettering, or advertising media of any type on or about the plans and specifications is not a representation by Landlord that such Premises without the prior written consent of Landlord. All alterations, additions, or improvements comply with (whether temporary or permanent in character, and including without limitation all air-conditioning equipment and all other equipment that is in any law. Prior manner connected to commencing any workthe Building's plumbing system) made in or upon the Premises, Tenant agrees to reimburse Landlord for the actual out-of-pocket costs incurred to third parties either by Landlord or Tenant, shall be Landlord's property at the end of the Term and shall remain on the Premises without compensation to Tenant unless Landlord has given prior written consent for removal in the Final Plans. Approval by Landlord of any of Tenant's drawings and plans and specifications prepared in connection with supervising such alterations, additions any improvements in the Premises shall not constitute a representation or improvements performed by Tenant subsequent warranty of Landlord as to the tenant adequacy or sufficiency of such drawings, plans and specifications, or the improvements described in to which they relate, for any use, purpose, or condition, but such approval shall merely be the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion consent of any alterations, additions or improvementsLandlord as required hereunder. Notwithstanding anything in this Section 6.1 Lease to the contrary, LandlordTenant shall be responsible for the cost of all work required to bring the interior of the Premises into compliance with the retrofit requirements of the Americans with Disabilities Act of 1990, and all rules, regulations, and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations made in or to the Premises at the request of or by Tenant or by Tenant's consent will not be use of the Premises (other than retrofit work whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), regardless of whether such cost is incurred in connection with retrofit work required if in the Premises (iincluding the Work described in Exhibit D) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems in other areas of the Building, (ii) the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior to commencement of any work.

Appears in 1 contract

Sources: Lease Agreement (Intira Corp)

Improvements; Alterations. The provisions of this Section 6.1 shall apply to improvements and alterations contemplated subsequent Improvements to the tenant Premises shall be installed at the expense of Tenant only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. After the initial Tenant improvements described in the Workletter. No alterationsare made, no alterations or physical additions or improvements in or to the Premises may be made without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, plumbing, electrical or mechanical systemsconsent. Tenant may shall not paint or install lightinglighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold its consent to any such painting or installation which could affect the appearance of the exterior of the Building or of any common areas of the Building. All alterations, additions and improvements installed in the Premises must be (i) performed at Tenant's expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and (ii) constructed, maintained and used by Tenant at its own risk and expense in accordance with all laws. Landlord's approval of the plans and specifications is not a representation by Landlord that such alterations, additions, or improvements comply with (whether temporary or permanent in character, and including without limitation all air-conditioning equipment and all other equipment that is in any law. Prior manner connected to commencing any workthe Building's plumbing system) made in or upon the Premises, Tenant agrees to reimburse Landlord for the actual out-of-pocket costs incurred to third parties either by Landlord or Tenant, shall be Landlord's property at the end of the Term and shall remain on the Premises without compensation to Tenant. Approval by Landlord of any of Tenant's drawings and plans and specifications prepared in connection with supervising such alterations, additions any improvements in the Premises shall not constitute a representation or improvements performed by Tenant subsequent warranty of Landlord as to the tenant adequacy or sufficiency of such drawings, plans and specifications, or the improvements described in to which they relate, for any use, purpose, or condition, but such approval shall merely be the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion consent of any alterations, additions or improvementsLandlord as required hereunder. Notwithstanding anything in this Section 6.1 Lease to the contrary, LandlordTenant shall be responsible for the cost of all work within the Premises required to comply with the retrofit requirements of the Americans with Disabilities Act of 1990, and all rules, regulations, and guidelines promulgated thereunder, as the same may be amended from time to time (the "ADA"), necessitated by any installations, additions, or alterations made in or to the Premises at the request of or by Tenant or by Tenant's consent will not use of the Premises (other than retrofit work whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), and Landlord shall be responsible for the cost of all work required if (i) to comply with the alterations do not affect the HVAC, plumbing, electrical or mechanical systems ADA in connection with other areas of the Building. Notwithstanding the foregoing, (ii) the alterations do not affect the structure all moveable partitions, cubical furniture and de-mountable wall systems are to be considered personal property of the BuildingTenant (similar to furniture) and may be erected, (iii) moved, re-configured and removed, including minor electrical connections, without consent from Landlord provided that the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of Building is returned to its original or otherwise satisfactory condition after such alterations prior to commencement of any workremoval.

Appears in 1 contract

Sources: Lease Agreement (Silicon Laboratories Inc)

Improvements; Alterations. The provisions of this Section 6.1 shall apply to improvements and alterations contemplated subsequent Improvements to the tenant improvements described Premises shall be installed at Tenant's expense only except for Landlord's allowance above in the Workletteraccordance with plans and specifications which have been previously submitted to, and approved in writing by, Lanlord. No alterations, alterations or physical additions or improvements in or to the Premises may be made without Landlord's prior written consent consent, which consent shall not be unreasonably be withheld. , or delayed; however, Landlord may withhold its consent to any alteration or addition that could would affect the Building's structure or its HVAC, plumbing, electrical electrical, or mechanical systems. Tenant may shall not paint or install lightinglighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold its consent to any such painting or installation which could would affect the appearance of the exterior of the Building or of any common areas of the BuildingBuilding without the prior written consent of Landlord, which shall not be unreasonably withheld, or delayed. All alterations, additions additions, or improvements made in or upon the Premises shall, at Landlord's option, either be removed by Tenant prior to the end of the Term (and Tenant shall repair all damage caused thereby), or shall remain on the Premises at the end of the Term without compensation to Tenant; provided, however, Landlord shall notify Tenant at the time of any such approval whether Landlord will require Tenant to remove such improvements at the end of the Term. All alterations, additions, and improvements installed in the Premises must shall be (i) performed at Tenant's expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and (ii) constructed, maintained maintained, and used by Tenant Tenant, at its own risk and expense expense, in accordance with all laws. Laws; Landlord's approval of the plans and specifications is therefor shall not be a representation by Landlord that such alterations, additions, or improvements comply with any lawLaw. Prior to commencing Notwithstanding any workother provision in this Section, Tenant agrees shall be entitled to reimburse Landlord for the actual out-of-pocket costs incurred to third parties by Landlord in connection with supervising such alterationsmake nonstructural, additions cosmetic alterations or improvements performed by Tenant subsequent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 to the contrary, without Landlord's consent will not be required if (i) the or approval; provided however, any alterations do not affect the HVAC, plumbing, electrical or mechanical systems improvements exceeding an aggregate value of the Building, (ii) the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 25,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior to commencement of any workcalendar year shall require Landlord's approval.

Appears in 1 contract

Sources: Sublease (Paypal Inc)

Improvements; Alterations. The provisions of this Section 6.1 Lessee/s shall apply not at any time make any alteration, internal or external, addition, improvement or other change, such as changes to improvements and alterations contemplated subsequent structural/loadbearing walls or colour schemes, to the tenant improvements described in the Workletter. No alterations, physical additions or improvements in or to the Premises may be made without Landlord's prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, plumbing, electrical or mechanical systems. Tenant may not paint or install lighting, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without Property except with the prior written consent of Landlordthe Lessor. Tenant acknowledges that Landlord Such consent shall lie within the absolute discretion of the Lessor, who is not obliged to give any reason for refusal. As a condition to evaluating any request by the Lessee/s pursuant to this section, the Lessor may withhold its require the Lessee/s to provide plans, specifications or more information to evaluate the request. Should the Lessor give his consent to any such painting improvements or installation which could affect the appearance of the exterior of the Building or of any common areas of the Building. All alterations, additions and improvements installed in the Premises must works shall be (i) performed at Tenant's expense and only affected in accordance with plans the conditions laid down by the Lessor and specifications which have been previously submitted to and approved in writing by Landlordrespective authorities, and (ii) constructedunder the supervision of an architect approved by the Lessor. Any costs whatsoever related to such alterations and/or improvements are to be borne solely by the Lessee/s. The Lessee/s shall not, maintained and used by Tenant at its own risk and expense in accordance with all laws. Landlord's approval under any circumstances, alter the façade or the existing apertures of the plans Property. The installation of any air conditioners, or any other fixed appliances, by the Lessee/s must be authorised by the Lessor and specifications is not a representation must be maintained and/or services by Landlord that the Lessee/s. Upon expiry or termination of this lease, any air conditioners shall become the property of the Lessor. Furthermore, should the Lessor accept the removal of such appliances upon termination of the Agrteement, any expenses incurred for the removal of air conditioning units and any re-plastering and painting as may be necessary shall be carried out by the Lessee/s to the full satisfaction of the Lessor and at the sole expense of the Lessee/s. The Lessor reserves the right to carry out any alterations, additions, improvements or improvements any other changes to the Property throughout the term of this Agreement, and any subsequent renewals. The Lessee/s acknowledges and declares to have examined the Property and in consequence of such examination, the Lessee/s declares that there are no apparent defects on either the immovable or the movables except those, if any, marked in the inventory. The Lessee/s shall make use of the Property with the care and diligence of a bonus paterfamilias and shall execute, at his/her/their sole expense without the right of reimbursement from the Lessor, all acts or ordinary repair and maintenance of the Property as may from time to time be necessary, saving any repair of damages caused by force majeure and without any fault of his/her/their own. Ordinary repair and maintenance shall have the meaning attributed by the Civil Code of Malta but shall also mean to include, but shall not be limited to, the cleaning of sinks and drains, and damage to bulbs, light fittings, water geyser/s, television, fridge and cooker, as well as any minor defects in the water and electricity installations and cleaning before vacating. The Lessee/s shall at all times keep the Property, including its improvements, fixtures and fittings and equipment, in good order and good state of repair. Without limiting the generality of the foregoing, the ▇▇▇▇▇▇/s agrees to keep all areas of the Property in a clean and hygienic state and comply with all laws and regulations. In the event the Lessor is at any lawstage not satisfied with the cleanliness or hygiene of the Property, the Lessee/s shall be notified and shall remedy it forthwith. Prior Repeated failure to commencing any workdo so shall constitute a breach of the Agreement and shall entitle the Lessor to demand the termination of this Agreement. Saving what is otherwise set out in this Agreement, Tenant agrees to reimburse Landlord for the actual out-of-pocket costs all expenses incurred to third parties by Landlord in connection with supervising repair and maintenance, internal or external, which are imposed or ordered by the competent officials or by law, including such alterationsexpenses as are necessary to render the Property fit for use as a residence, additions or improvements performed shall be borne solely and exclusively by Tenant subsequent the Lessor. The Lessee/s shall give timely notice to the tenant improvements described Lessor of all occurrences requiring extraordinary repair. These include repairs of structural nature, water leakages, electrical faults etc. The Lessor shall, at its sole and exclusive expense, without the right of reimbursement from the Lessee/s, carry out all extraordinary maintenance and structural repairs that may from time to time become necessary in the WorkletterProperty, unless such maintenances and repairs are the result of any act or omission or negligence on the part of the Lessee/s, or breach of any of its obligations at law or under this Agreement. Tenant All other maintenance which is not extraordinary maintenance or structural repair shall be borne solely by the Lessee/s at his/her/their expense. The Lessee/s shall be solely responsible for and shall promptly pay all fees, deposits and charges, including use and/or connection fees and the like, charged by the relative utility provider, Local Council or by the Government, for water, electricity, telephone, sewer and sanitation, solid waste disposal and any other service or utility used in or upon or furnished to the Property. Water and electricity services shall be registered in the name of the Lessor, though the Lessee/s shall be bound to pay any related bills within seven (7) days from receipt of the respective bill by the Lessor. This upon presentation of the bill by the Lessor to the Lessee/s. The Lessee/s shall pay such payment amount to the Lessor who in turn will cover the payment with the respective utility company on behalf of the Lessee. Should the Lessee/s fail to pay the utility bill, the Lessor shall have the right to either pay the outstanding amount itself at the Lessee/s expense, or to unilaterally order the suspension of the relative services, in which event the Lessee/s shall not be entitled to claim any damages from the Lessor as a consequence of such action. The Lessee/s recognises and agrees that it will remove or cause its contractor(s) the Lessor’s right to remove all waste suspend the provision of the services is a reasonable precaution to ensure that the Lessor does not sustain damages and debris from charges as a consequence of the Premises upon Lessee’s failure to promptly settle any such dues. The Lessor may at any moment in time demand that the completion of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 said utility services provided to the contrary, Landlord's consent will not Property shall be required if (i) registered in the alterations do not affect the HVAC, plumbing, electrical or mechanical systems name of the BuildingLessee/s. In no event shall the Lessor be liable for damages or otherwise for any interruption, (ii) reduction, disruption, curtailment or failure in the alterations do supply, quality or character of electricity, water, or other utility or service if either the quality or character thereof is changed or is no longer available or suitable for the Lessee/s requirements, or for any interruption, reduction, disruption, curtailment, failure or change in quantity, or character which are not affect attributable to a fault on the structure part of the Building, (iii) Lessor. Both Parties to this Agreement declare that the cost water and electricity meters of the alterations do not exceed $15,000 Property were read on ______ (day) of the month of __________________ of the year two thousand and __________________________ (20___), and read at: Water Meter reading: ___________________________ Water Meter number: ___________________________ Electricity Meter reading: ___________________________ Electricity Meter number: ___________________________ The Lessee/s declares that _________________________ (___) (number of persons) shall be residing in the Property throughout the duration of the lease and the Lessor shall inform the utility services provider accordingly provided the Lessee/s completes and provides the necessary documentation required by the respective utility/service company. The Lessee/s agrees to fill in and submit any six (6) month period and (iv) Tenant has notified Landlord relevant documentation to the relevant authority dealing with the utility bills during the continuation of such alterations prior this Agreement, failure to commencement which shall enable the Lessor to demand the termination of any workthis Agreement.

Appears in 1 contract

Sources: Long Private Residential Lease

Improvements; Alterations. The provisions of this Section 6.1 shall apply to improvements and alterations contemplated subsequent Improvements to the tenant Premises shall be installed at the expense of Tenant only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. After the initial Tenant improvements described in the Workletter. No alterationsare made, no alterations or physical additions or improvements in or to the Premises may be made without Landlord▇▇▇▇▇▇▇▇'s prior written consent which consent shall not unreasonably be withheld. Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, plumbing, electrical or mechanical systemsconsent. Tenant may shall not paint or install lightinglighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that Landlord may withhold its consent to any such painting or installation which could affect the appearance of the exterior of the Building or of any common areas of the Building. All alterations, additions and improvements installed in the Premises must be (i) performed at Tenant's expense and only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and (ii) constructed, maintained and used by Tenant at its own risk and expense in accordance with all laws. Landlord's approval of the plans and specifications is not a representation by Landlord that such alterations, additions, or improvements comply with (whether temporary or permanent in character, and including without limitation all air-conditioning equipment and all other equipment that is in any law. Prior manner connected to commencing any workthe Building's plumbing system) made in or upon the Premises, Tenant agrees to reimburse Landlord for the actual out-of-pocket costs incurred to third parties either by Landlord or Tenant, shall be Landlord's property at the end of the Tenn and shall remain on the Premises without compensation to Tenant. Approval by Landlord of any of Tenant's drawings and plans and specifications prepared in connection with supervising such alterations, additions any improvements in the Premises shall not constitute a representation or improvements performed by Tenant subsequent warranty of Landlord as to the tenant adequacy or sufficiency of such drawings, plans and specifications, or the improvements described in to which they relate, for any use, purpose, or condition, but such approval shall merely be the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion consent of any alterations, additions or improvementsLandlord as required hereunder. Notwithstanding anything in this Section 6.1 Lease to the contrary, LandlordTenant shall be responsible for the cost of all work required to comply with the retrofit requirements of the Americans with Disabilities Act of 1990, and all rules, regulations, and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations made in or to the premises at the request of or by Tenant or by ▇▇▇▇▇▇'s consent will not be use of the Premises (other than retrofit work whose cost has been particularly identified as being payable by Landlord in an instrument signed by Landlord and Tenant), regardless of whether such cost is incurred in connection with retrofit work required if in the Premises (iincluding the Work described in Exhibit D) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems in other areas of the Building, (ii) the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior to commencement of any work.

Appears in 1 contract

Sources: Lease Agreement (Jayhawk Acceptance Corp)

Improvements; Alterations. The provisions of this Section 6.1 shall apply to Except as otherwise provided in Exhibit D attached hereto, improvements and alterations contemplated subsequent to the tenant improvements described Premises shall be installed at Tenant's expense only in the Workletteraccordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. No alterations, alterations or physical additions or improvements in or to the Premises may be made without Landlord's prior written consent consent, which consent shall not be unreasonably be withheld. withheld or delayed; however, Landlord may withhold its consent to any alteration or addition that could would affect the Building's structure Structure or its HVAC, plumbing, electrical electrical, or mechanical systems. Tenant may shall not paint or install lightinglighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord. Tenant acknowledges that , which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any such painting or installation which could would affect the appearance of the exterior of the Building or of any common areas of the Building. All alterations, additions and additions, or improvements installed made in or upon the Premises must shall, at Landlord's option, shall either be removed by Tenant prior to the end of the Term (and Tenant shall repair all damage caused thereby) (exercised by notice to Tenant given (i) performed at Tenant's expense and only in accordance with plans and specifications which have been previously submitted the time Tenant requests consent to and approved in writing by Landlordsuch alterations, and additions or improvements, or (ii) at any time if consent to such alterations, additions or improvements was required but not obtained), or shall remain on the Premises at the end of the Term without compensation to Tenant. All alterations, additions, and improvements shall be constructed, maintained maintained, and used by Tenant Tenant, at its own risk and expense expense, in accordance with all laws. ; Landlord's approval of the plans and specifications is therefor shall not be a representation by Landlord that such alterations, additions, or improvements comply with any law. Prior to commencing any work, Tenant agrees to reimburse Landlord for the actual out-of-pocket costs incurred to third parties by Landlord in connection with supervising such alterations, additions or improvements performed by Tenant subsequent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion of any alterations, additions or improvementsLaw. Notwithstanding anything to the contrary set forth in this Section 6.1 8.1, although fifteen (15) days advance written notice to the contraryLandlord is required, Landlord's consent will shall not be required if for any alterations, improvements or physical additions proposed by Tenant that (ia) will cost less than Ten Thousand Dollars ($10,000.00) per year over the alterations Lease term to construct, (b) are non-structural and do not affect the Building's Structure or its HVAC, plumbing, electrical telecommunications, elevator, life-safety, electrical, mechanical or mechanical other basic systems or require a building permit, (c) will not result in changes to the Premises or Building that are visible from the outside of the Building, and (iid) Tenant removes same from the alterations do not affect Premises at the structure end of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior to commencement of any workTerm if then requested by Landlord.

Appears in 1 contract

Sources: Lease Agreement (Beyond Com Corp)

Improvements; Alterations. The provisions of Except as expressly set forth in this Section 6.1 shall apply to Lease, improvements and alterations contemplated subsequent to the tenant improvements described Premises shall be installed at the expense of Tenant in accordance with the Workletterattached Exhibit “D”. No alterations, alterations or physical additions or improvements in or to the Premises may be made without Landlord's ’s prior written consent which consent shall not unreasonably be withheldconsent. At the time that Landlord may withhold its gives any consent to Tenant for alterations, physical additions, or improvements in or to the Premises, Landlord shall specifically designate in writing: (i) each of the approved alterations or additions, if any, that Tenant will be required to remove from the Premises at the end of the Term and the restoration requirements that will be associated with such removal; and (ii) all alterations, additions, or improvements (whether temporary or permanent in character, and including without limitation all air-conditioning equipment and all other equipment that is in any alteration or addition that could affect manner connected to the Building's structure ’s plumbing system) made in or its HVAC, plumbing, electrical or mechanical systemsupon the Premises that will be Landlord’s property at the end of the Term and remain on the Premises without compensation to Tenant. Tenant may shall not paint or install lightinglighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises in a location visible from outside the Premises without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. Approval by Landlord of any of Tenant’s drawings and plans and specifications prepared in connection with any improvements in the Premises shall not constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications, or the improvements to which they relate, for any use, purpose, or condition, but such approval shall merely be the consent of Landlord as required hereunder. Notwithstanding anything in this Lease to the contrary, Landlord shall be responsible to deliver the Premises to Tenant acknowledges that Landlord may withhold its consent with all base building work for the Building and the Premises completed (subject to any such painting or installation typical punch list items) in accordance with Landlord’s approved base building plans for the Building, which could affect are attached hereto as Exhibit “G” and in compliance with all applicable laws, codes, regulations, permits, approvals, and orders (collectively “Laws”), including without limitation, the appearance Americans With Disabilities Act of 1990 and all rules, regulations, and guidelines promulgated thereunder, and other federal, state, and local accessibility Laws as each of the exterior same may be amended from time to time (collectively the “ADA”). Subsequent to Landlord’s delivery of the Building Premises to Tenant as described above and in Exhibit “D” hereto, Tenant shall be responsible for the cost of all work required to comply with the retrofit requirements of the ADA, where and to the extent that such work is necessitated by any installations, additions, or alterations made in or to the Premises at the request of any common or by Tenant or by Tenant’s use of the Premises, regardless of whether such cost is incurred in connection with retrofit work required in the Premises or in other areas of the Building. All alterationsExcept for Tenant’s foregoing obligations with respect to the Premises, additions and improvements installed in Landlord shall deliver the Premises must be (i) performed at Tenant's expense and only to Tenant in accordance compliance with plans and specifications which have been previously submitted to and approved in writing by Landlordall Laws, including the ADA, and shall at all times during the Term be responsible to maintain the Project and the Building (iiother than the Premises) constructed, maintained and used by Tenant at its own risk and expense in accordance compliance with all laws. Landlord's approval of the plans and specifications is not a representation by Landlord that such alterations, additions, or improvements comply with any law. Prior to commencing any work, Tenant agrees to reimburse Landlord for the actual out-of-pocket costs incurred to third parties by Landlord in connection with supervising such alterations, additions or improvements performed by Tenant subsequent to the tenant improvements described in the Workletter. Tenant agrees that it will remove or cause its contractor(s) to remove all waste and debris from the Premises upon the completion of any alterations, additions or improvements. Notwithstanding anything in this Section 6.1 to the contrary, Landlord's consent will not be required if (i) the alterations do not affect the HVAC, plumbing, electrical or mechanical systems of the Building, (ii) the alterations do not affect the structure of the Building, (iii) the cost of the alterations do not exceed $15,000 in any six (6) month period and (iv) Tenant has notified Landlord of such alterations prior to commencement of any workLaws.

Appears in 1 contract

Sources: Office Lease Agreement (TrueCar, Inc.)