Common use of Improvements; Alterations Clause in Contracts

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 conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased 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 material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by Lessor. (ii) Lessor 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, and the plans resubmitted to Lessor. 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. 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 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 unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lessee.

Appears in 1 contract

Sources: Ground Lease

Improvements; Alterations. (a) Lessee mayLandlord will provide Tenant with a tenant improvement allowance in the amount of $500,000.00 (the “Allowance") to cover the cost of construction of certain non-structural, at any time tenant improvements to be made to the Premises by or on behalf of Tenant, including but not limited to architectural and from time to time during the Term, erect, maintain, engineering fees. Tenant shall (i) Lessee bears 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 perform the tenant improvements to the Premises. Tenant covenants, acknowledges and agrees that the cost of any such work; (ii) Lessor must be notified tenant improvements for the Premises and all fees and expenses relating thereto in excess of the time for beginning amount of the Allowance shall be borne solely by ▇▇▇▇▇▇ and paid on or before the general nature of 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 such work, other than routine maintenance of existing buildings representations or improvements, at the time the work begins; and (iii) The conditions of Section 3.03(b) concerning Lessor’s approving plans must be followedwarranties from Landlord. (b) The following rules govern Lessor’s approving construction, additions, Landlord shall not be obligated to disburse any portion of the Allowance proceeds to Tenant unless and alterations of buildings or other improvements on the Leased Premises: until Landlord has received (i) No building or other improvement may be constructed on the Leased Premises unless the plans, specifications, and proposed location written notice from Tenant that all 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 material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration tenant improvements have been first submitted to completed in a good and approved by Lessor. workmanlike manner; (ii) Lessor 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, and the plans resubmitted to Lessor. Lessor’s failure to request changes to or object to any submitted or resubmitted plans within 30 days of receipt constitutes Lessor’s approval a copy of the plans. Minor changes in work certificate of occupancy for the Premises issued by either the Village of ▇▇▇▇ Ridge or materials not affecting the general character DuPage County Regional Office of Education, as the project case may be made at any time without Lessor’s approval. be; (iii) The following items do 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 tenant improvements and disburse the Allowance proceeds to Tenant, which consent shall not require submission to, and approval, by Lessor: 1be unreasonably delayed. Minor repairs and alternations necessary to maintain existing structures and improvements in a useful state If any portion of repair and operation; or 2. changes and alterations required by an authorized public official with authority or jurisdiction over the buildings or Allowance is not used for the construction of the tenant improvements, to comply with legal requirementsthen such portion of the Allowance shall be deemed forfeited and retained by Landlord. (c) Lessor will 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, which consent shall not be unreasonably withheld. However, Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, plumbing, 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 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 items required applicable statutes, laws, ordinances, codes, rules and/or regulations. Prior to commencing any work after the Commencement Date, Tenant will pay to Landlord a supervisory and administrative fee equal to the costs incurred by this Section 3.03Landlord related to such work; however, such 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) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, or Notwithstanding anything in this Section 6.1 to the Leased Premisescontrary, 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 Tenant shall be permitted to perform minor repairs 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 improvements (e.g. painting of the Leased Premises or against Lessee's leasehold interest (excluding any leasehold mortgageand fixture repairs) in to the land or any buildings or improvements on Premises without the Leased Premises by reason prior approval of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of LesseeLandlord.

Appears in 1 contract

Sources: Lease Agreement

Improvements; Alterations. (a) Lessee mayNo improvements or alterations in or upon the Premises, at any time and from time to time during the Termincluding not by limitation paint, erectwall coverings, 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 workfloor coverings, other than routine maintenance of existing buildings light fixtures, window treatments, signs, advertising, or improvements, at the time the work begins; and (iii) The conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings promotional lettering or other improvements on the Leased Premises: (i) No building media, shall be installed or other improvement may be constructed on the Leased 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 made by Tenant except in accordance with the approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration which have been first previously submitted to and approved in writing by Lessor. Landlord, which approval shall not be unreasonably withheld or delayed except that Landlord may withhold approval of any improvements or alterations which it determines, in its sole opinion, will materially and adversely affect any structural or aesthetic (only to the extent visible from outside the Premises or common areas) aspect of the Building or Building Systems. All improvements and alterations (whether temporary or permanent in character) made in or upon the Premises, either by Landlord or Tenant, shall (i) comply with all applicable laws, ordinances, rules and regulations, and (ii) Lessor will promptly review be Landlord’s property at the end of the Term and approve shall remain on the Premises without compensation to Tenant unless prior to installation, Tenant provides Landlord with written notice of all items which may be removed by Tenant and Landlord consents to such removal in advance. Such consent shall not be unreasonably withheld provided Landlord may condition such consent as it deems reasonably necessary including not by limitation requiring Tenant to replace any items upon removal with similar items comparable to any such items in the Building or, if not applicable, then Comparable Buildings. Approval by Landlord of any of Tenant’s drawings and plans submitted by Lessee and specifications prepared in connection with any improvements in the Premises shall not constitute a representation or will note in writing any required changes or corrections that must be made warranty of Landlord as to the plansadequacy 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. Any required changes or corrections must Landlord warrants and agrees that it shall complete the Building Shell Construction in compliance with all then applicable governmental laws, rules and regulations, including not by limitation the Americans with Disabilities Act of 1990 (“ADA”) and Texas Accessibility Standards adopted by the Texas Commission on Licensing and Regulation (“TAS”) Thereafter, notwithstanding anything in this Lease to the contrary, Tenant shall be made, and responsible for all costs incurred (as provided in Section 2.(c) of Exhibit C) to cause the plans resubmitted to Lessor. 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. 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 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, Premises to comply with legal requirements. (c) Lessor will any such laws, rules or regulations, including not unreasonably withhold its approval by limitation the retrofit requirements of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee inADA and TAS, on, 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 same may 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lesseehereafter amended.

Appears in 1 contract

Sources: Lease Agreement (Realpage Inc)

Improvements; Alterations. 8.1.1. Tenant shall not make, or allow to be made, any alterations, physical additions, improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about or to the Premises (a"ALTERATIONS") Lessee without obtaining the prior written consent of Landlord, 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 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 Regulations (including, without limitation, the Americans With Disabilities Act); and (3) will not interfere with the use and occupancy of any other portion of the Building or Project by any other tenant or its invitees. Specifically, but without limiting the generality of the foregoing, Landlord shall have the right of written consent for all plans and specifications for the proposed Alterations, construction means and methods, all appropriate permits and licenses, any contractor or subcontractor to be employed on the work of Alterations, and the time for performance of such work, and may impose rules and regulations for contractors and subcontractors performing such work. Tenant shall also supply to Landlord any documents and information reasonably requested by Landlord in connection with 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 Alterations, including any costs or 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 time or all Alterations made by Tenant and from time restore the Premises by the expiration or earlier termination of this Lease, to time during their condition existing prior to the Termconstruction 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, erectLandlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, maintain,at Tenant's sole expense. 8.1.2. Notwithstanding the foregoing, at Landlord's option (ibut without obligation), all or any portion of the Alterations shall be performed by Landlord for Tenant's account and Tenant shall pay Landlord's estimate of the cost thereof (including a reasonable charge for Landlord's overhead and profit) Lessee bears 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 such work;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 (ii10) Lessor must be notified business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the time for beginning expected commencement date of that construction to permit Landlord to post and the general nature record a notice of any such work, other than routine maintenance non-responsibility. Upon substantial completion of existing buildings or improvements, at the time the work begins; and (iii) The conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additionsif the law so provides, and alterations Tenant shall cause a timely notice of buildings or other improvements on completion to be recorded in the Leased Premises: (i) No building or other improvement may be constructed on the Leased Premises unless the plans, specifications, and proposed location office 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 material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior recorder of the proposed addition or alteration have been first submitted to and approved by Lessorcounty in which the Building is located. (ii) Lessor 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, and the plans resubmitted to Lessor. 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. 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 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 unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lessee.

Appears in 1 contract

Sources: Lease Agreement (Qorus Com Inc)

Improvements; Alterations. Tenant is taking possession of the Premises in its "as-is" condition, subject to the Total Completion of Landlord's Work and further subject to the Premises being (i) free of any prior occupant's or Landlord's personal property and in broom clean condition, (ii) free of Hazardous Materials and structural defects, and, (iii) all systems that serve the Premises shall be in good condition and working order. Landlord's Work shall be completed in compliance with all applicable codes, rules, regulations and ordinances. Any additional improvements to the Premises shall be installed at Tenant's expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, which approval shall not have been unreasonably withheld, delayed or conditioned. Tenant shall complete the build-out of a first class financial institution in accordance with the terms of the Work Letter attached here to as Exhibit "F", on or before such date which is the earlier of (1) the date on which Tenant opens business in, or conducts business from, the Premises, or (2) the date which is sixty (60) days after the Commencement Date. 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 and the approval, if applicable, of the City of Chicago, and any other body with authority over the Building, the Premises or Tenant's activities, any landmarks commission or authority (including, but not limited to, the Commission on Chicago Landmarks) and any person or entity, other than Landlord whose approval is required pursuant to the Declaration of Covenants, provided, however, that after the Commencement Date, Tenant may make alterations within the Premises which are not structural, do not adversely affect any Building system or the Common Area and are not outside the Premises with an aggregate cost of less than $50,000.00 in any lease year, without Landlord's prior consent, but Tenant shall, within thirty (30) days after completion of such non-structural alterations, provide Landlord with advice thereof and plans and specifications therefor if so prepared. Landlord may, however, withhold its consent in its sole and absolute discretion to any alteration or addition that would affect the Building's structure, facade or Common Area (including, without limitation, any access to lobby, access to lobby areas, freight elevators or service contracts) or any of its HVAC, plumbing, electrical, or mechanical systems (including, without limitation, Building sprinkler and alarm systems) or which requires approval by any person or entity other than Landlord pursuant to the Declaration of Covenants. Tenant shall not paint or install exterior lighting or decorations, signs, awnings, window or door lettering, or advertising media of any type on or visible from the exterior of the Premises without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed; provided, however, Landlord may withhold its consent to any painting or installation (including, without limitation, signage and awnings) which would affect the appearance of the exterior of the Building or of any Common Area of the Building or which are visible from the street. Notwithstanding the foregoing, but subject to (a) Lessee mayLandlord's approval which shall not be unreasonably withheld or delayed, (b) the approval of the City of Chicago, the ▇▇▇▇▇▇▇▇ of the ▇▇▇▇ in which the Building is located and any landmarks commission or authority (including, but not limited to the Commission on Chicago Landmarks) and (c) the approval of any person or entity (other than Landlord), whose approval is required by the Declaration of Covenants, Landlord will install, at any time Tenant's expense, or may permit Tenant to install, signage for the operation of Tenant's business at the Building of the following nature, type and from time to time during the Term, erect, maintain, location (i) Lessee bears an identification plaque at the cost Michigan/▇▇▇▇▇▇ corner approximately 36 inches by 22 inches of any such work; look, style and the like reasonably approved by Landlord and Tenant alternatively, Landlord shall use commercially reasonable efforts to permit Tenant's name to appear on a clock at the Michigan/▇▇▇▇▇▇ corner which may be installed in the location shown on Exhibit "H" attached hereto and made a part hereof; and (ii) Lessor tasteful identification signs on the door to Tenant's lobby and on the pane immediately above such door, which signs may be backlit with low intensity white lights but shall not contain any colored, flashing or neon light. All signage shall be mutually acceptable to Landlord and Tenant and must be notified consistent in all respects with the signage of other tenants of the time for beginning Retail Parcel. All alterations, 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 general nature Premises at the end of the Term without compensation to Tenant. In the event Tenant desires to leave any such workof its alterations, other than routine maintenance of existing buildings additions or improvements, improvement on the Premises at the time of expiration or sooner termination of this Lease, Tenant shall send written notice to Landlord requesting the work begins; and same prior to the installation of such alterations, additions or improvements and Landlord shall determine, in writing, within ten (iii10) The conditions business days after receipt of Section 3.03(b) concerning Lessor’s approving plans must Tenant's request, whether Tenant shall be followed. (b) The following rules govern Lessor’s approving constructionallowed to leave such alterations, additions or improvements on the Premises at the time of expiration or sooner termination of this Lease. All alterations, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may shall be constructed on the Leased Premises unless the plansconstructed, specificationsmaintained, and proposed location used by Tenant, at its risk and expense, in accordance with all Laws. Landlord's approval 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 material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition therefor shall not be a representation by Landlord that such alterations, additions, or alteration have been first submitted to and approved by Lessor. (ii) Lessor 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, and the plans resubmitted to Lessor. 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. 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 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 unreasonably withhold its approval of any items required by law. Nothing contained herein shall be construed as to give Tenant any rights make any alternations, additions or improvements which in any way affect the Facade Parcel, other than the signage rights granted to Tenant in this Section 3.036.1. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lessee.

Appears in 1 contract

Sources: Lease Agreement (Privatebancorp Inc)

Improvements; Alterations. Improvements to the 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, which approval shall not be unreasonably withheld, conditioned or delayed except to the extent that the subject improvements are subject to approval in Landlord's sole discretion as hereinafter set forth, in which event Landlord may withhold approval of such plans and specifications in its sole discretion. After the initial Tenant improvements are made, no alterations or physical additions in or to the Premises may be made without Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that Landlord may withhold its consent in its sole and absolute discretion to any alteration or addition (aor plans or specifications therefor) Lessee maythat (i) would affect the Building's structure, or (ii) would affect the Building's HVAC, plumbing, electrical, or mechanical systems, except that Permitted HVAC/MEP Alterations shall only be subject to Landlord's reasonable approval. As used herein, "PERMITTED HVAC/MEP ALTERATIONS" means (x) any such alterations or additions (or such plans and specifications) that are limited to changes in those portions of the HVAC, plumbing, mechanical, or electrical systems that are located within the Premises and that are limited in function to the distribution of air, water and electricity within the Premises which changes cannot reasonably be expected to have an adverse impact on such portions of the Building systems not located within the Premises or on the delivery of air, water and electricity to other portions of the Building; and (y) the installation of supplemental HVAC equipment for the Premises which Tenant would otherwise have been permitted to install as part of the Work pursuant to Section 7.(b), provided that such installation shall be subject to the approval rights of Landlord under, and be performed in accordance with the terms and provisions of, Section 26.(c), the provisions of EXHIBIT D which would have been applicable thereto if such supplemental HVAC equipment had been installed in connection with the performance of the Work (including, without limitation, Paragraphs 3, 4, and 5 thereof), and the other provisions of this Lease. 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 consent shall not be unreasonably withheld, conditioned or delayed; however, Landlord may withhold its consent in its sole and absolute discretion to any such painting or installation which would affect the appearance of the exterior of the Building or of any common areas or elevator lobby areas of the Building. 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 manner 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, except unattached trade fixtures, furniture and personal property which Tenant is entitled to remove pursuant to Section 21. Approval by Landlord of any time 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, as between Landlord and Tenant, (1) Tenant shall bear the risk of complying with Title III of the Americans with Disabilities Act of 1990, the Texas Elimination of Architectural Barriers Act, and all rules, regulations, and guidelines promulgated under either of such acts, as they may be amended from time to time during (the Term"DISABILITIES ACTS"), erectin the Premises, maintain, and (i2) Lessee bears Landlord shall bear the cost risk of any such work; (ii) Lessor must be notified complying with the Disabilities Acts in the common areas of the time for beginning and the general nature of any such workBuilding, other than routine maintenance of existing buildings or improvements, at compliance that is necessitated by the time the work begins; and (iii) The conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased Premises unless the plans, specifications, and proposed location use of the building or Premises for other improvement have received Lessor’s written approval than the Permitted Use (which risk and the building or other improvement complies with the approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure erected on the Leased Premises may responsibility shall be begun until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved borne by LessorTenant). (ii) Lessor 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, and the plans resubmitted to Lessor. 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. 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 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 unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lessee.

Appears in 1 contract

Sources: Lease Agreement (Inet Technologies Inc)

Improvements; Alterations. (a) Lessee mayExcept as otherwise ALTERATIONS; ------------------------- REPAIRS; specified in this Lease or in any Exhibit hereto, at any time improvements MAINTENANCE to the Premises as well as installation of sinage and from time to time during the Termsatellite dish provided for in Sections 23u and 23v below, erect, maintain, (i) Lessee bears the cost of any such work; (ii) Lessor must shall be notified of the time for beginning and the general nature of any such work, other than routine maintenance of existing buildings or improvements, installed at the time the work begins; and (iii) The conditions expense of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased 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 Tenant only in accordance with the approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration which have been first previously submitted to and approved by Lessor. (ii) Lessor will promptly review and approve all plans submitted by Lessee or will note in writing any required changes by Landlord, After the initial Tenant improvements are made (if any), no alterations or corrections that must be made physical additions in or to the plans. Any required changes or corrections must be made, and the plans resubmitted to Lessor. 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. Minor changes in work or materials not affecting the general character of the project Premises may be made at without Landlord's prior written consent. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any time type on or about the Premises without Lessor’s approval. the prior written consent of Landlord. All alterations, additions, or improvements (iii) The following items do not require submission towhether temporary or permanent in character, and approval, by Lessor: 1. Minor repairs including without limitation all air conditioning equipment and alternations necessary to maintain existing structures and improvements all other equipment that is 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 unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, or manner connected 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 LesseeBuilding's leasehold interest (excluding any leasehold mortgageplumbing system) made in the land or any buildings or improvements on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order ofPremises, either by Landlord or Tenant, except the initial Tenant Improvement paid for by Landlord, shall at Landlord's option, either be removed by Tenant, shall become Landlord's property at the end of the Term and shall remain on the Premises without compensation to Tenant; provided, however, that if tenant is not then in default hereunder and Tenant repairs any damage caused by such removal, Tenant may remove its trade fixtures at the end of the Term. Approval by Landlord of any of Tenant's drawings and plans and specifications prepared in connection with any improvements, alterations or additions in the Premises as well as signage and satellite dish 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 discharge which they relate, for any use, purpose, or condition, but such approval shall merely be the obligation consent of LesseeLandlord as required hereunder. Notwithstanding the above provision, Landlord shall, at Tenant's written request, notify Tenant at time of alteration if alteration will have to be removed upon termination of Lease.

Appears in 1 contract

Sources: Lease Agreement (Lifeminders Com Inc)

Improvements; Alterations. (a) Lessee may, at any time and from time Improvements to time during the Term, erect, maintain, (i) Lessee bears the cost of any such work; (ii) Lessor must Premises shall be notified of the time for beginning and the general nature of any such work, other than routine maintenance of existing buildings or improvements, installed at the time the work begins; and (iii) The conditions expense of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased 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 Tenant only in accordance with the approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration which have been first previously submitted to and approved by Lessor. (ii) Lessor will promptly review and approve all plans submitted by Lessee or will note in writing any required changes by Landlord. After the initial Tenant improvements are made, no alterations or corrections that must be made physical additions in or to the plans. Any required changes or corrections must be made, and the plans resubmitted to Lessor. 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. Minor changes in work or materials not affecting the general character of the project Premises may be made at without ▇▇▇▇▇▇▇▇'s prior written consent. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any time type on or about the Premises without Lessor’s approval. the prior written consent of Landlord. All alterations, additions, or improvements (iii) The following items do not require submission towhether temporary or permanent in character, and approvalincluding without limitation all air-conditioning equipment and all other equipment that is in any manner connected to the Building's plumbing system) made in or upon the Premises, either by Lessor: 1Landlord or Tenant, shall be Landlord's property at the end of the Tenn and shall remain on the Premises without compensation to Tenant. Minor repairs Approval by Landlord of any of Tenant's drawings and alternations necessary to maintain existing structures plans and specifications prepared in connection with any improvements in the Premises shall not constitute a useful state representation or warranty of repair Landlord as to the adequacy or sufficiency of such drawings, plans 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 unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, onspecifications, 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 Leased Premisescontrary, Lessee will act as a principal and not as the agent of Lessor, and Lessor expressly disclaims any liability Tenant shall be responsible for the cost of labor performed by Lessee or material furnished all work required to Lessee. Lessee will pay promptly when due comply with 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 retrofit requirements of the Leased Premises or against Lessee's leasehold interest (excluding 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 leasehold mortgage) in the land or any buildings or improvements on the Leased Premises by reason of any workinstallations, labor, servicesadditions, or materials supplied alterations made in 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made premises at the request ofof or by Tenant or by ▇▇▇▇▇▇'s 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 in the Premises (including the Work described in Exhibit D) or upon in other areas of the order of, or to discharge the obligation of LesseeBuilding.

Appears in 1 contract

Sources: Lease Agreement (Jayhawk Acceptance Corp)

Improvements; Alterations. Except as expressly set forth in this Lease, the Premises and the Leased Personal Property will be delivered to Tenant and accepted by Tenant in an "as-is" condition on the Commencement Date, and Tenant acknowledges that except as expressly set forth in this Lease, neither Landlord nor any representative of Landlord has made any representation or warranty regarding the condition of the Premises, or the suitability of the Premises for the conduct of Tenant's business. Any improvements, alterations or additions to the Premises desired by Tenant shall be installed at Tenant's expense only in accordance with plans and specifications which shall be submitted to and approved in writing by Landlord, which approval shall be governed by the provisions set forth in this Section 8(a). No improvements, alterations or 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 improvement, alteration or addition that would adversely affect (ain the discretion of Landlord applying commercially reasonable standards) Lessee maythe (i) Building's Structure or the Building's Systems (including the Building's restrooms, at elevators, or mechanical rooms), or (ii) exterior appearance of the Building. Notwithstanding the foregoing, any time improvements, alterations or additions which do not adversely affect the portions of the Premises described in clause (i) or (ii) above and from time to time during which cost less than Ten Thousand Dollars ($10,000) in any instance, or Fifty Thousand Dollars ($50,000) cumulatively over the Term, erectshall not require Landlord's consent; but prior notice shall be given to Landlord in accordance with Section 8(c). Without limiting the generality of the foregoing, maintain, (i) Lessee bears the cost Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media 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 conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased 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 material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering type visible from the exterior of the proposed addition Premises without the prior written consent of Landlord, which consent will not be unreasonably withheld. All improvements, alterations or alteration have been first submitted to and approved by Lessor. (ii) Lessor will promptly review and approve all plans submitted by Lessee or will note in writing any required changes or corrections that must additions shall be made to the plans. Any required changes or corrections must be madeconstructed, maintained, and the plans resubmitted to Lessor. Lessor’s failure to request changes used by Tenant, at its risk and expense, in accordance with all Laws; Landlord's consent to or object to any submitted or resubmitted plans within 30 days of receipt constitutes Lessor’s approval of the 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 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 unreasonably withhold its approval of any items required improvements, alterations or additions (or the plans therefor) shall not constitute a representation or warranty by this Section 3.03. (d) With respect to any contract for work performed by Lessee Landlord, nor Landlord's acceptance, that the same comply with sound architectural and/or engineering practices or caused to be performed by Lessee in, on, or to the Leased Premises, Lessee will act as a principal and not as the agent of Lessorwith all applicable Laws, and Lessor expressly disclaims any liability Tenant shall be solely responsible 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 ensuring 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lesseecompliance.

Appears in 1 contract

Sources: Assignment and Assumption of Lease (Sequenom Inc)

Improvements; Alterations. (a) Lessee mayNo improvements or alterations in or upon the Premises, at any time and from time to time during the Termincluding not by limitation paint, erectwall coverings, 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 workfloor coverings, other than routine maintenance of existing buildings light fixtures, window treatments, signs, advertising, or improvements, at the time the work begins; and (iii) The conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings promotional lettering or other improvements on the Leased Premises: (i) No building media, shall be installed or other improvement may be constructed on the Leased 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 made by Tenant except in accordance with the approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration which have been first previously submitted to and approved in writing by Lessor. Landlord, which approval shall not be unreasonably withheld or delayed except that Landlord may withhold approval of any improvements or alterations which it determines, in its sole opinion, will materially and adversely affect any structural or aesthetic (only to the extent visible from outside the Premises or common areas) aspect of the Building or Building Systems. All improvements and alterations (whether temporary or permanent in character) made in or upon the Premises, either by Landlord or Tenant, shall (i) comply with all applicable laws, ordinances, rules and regulations, and (ii) Lessor will promptly review be Landlord's property at the end of the Term and approve shall remain on the Premises without compensation to Tenant unless prior to installation, Tenant provides Landlord with written notice of all items which may be removed by Tenant and Landlord consents to such removal in advance. Such consent shall not be unreasonably withheld provided Landlord may condition such consent as it deems reasonably necessary including not by limitation requiring Tenant to replace any items upon removal with similar items comparable to any such items in the Building or, if not applicable, then Comparable Buildings. Approval by Landlord of any of Tenant's drawings and plans submitted by Lessee and specifications prepared in connection with any improvements in the Premises shall not constitute a representation or will note in writing any required changes or corrections that must be made warranty of Landlord as to the plansadequacy 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. Any required changes or corrections must be madeLandlord warrants and agrees that it shall complete the Building Shell Construction in compliance with all then applicable governmental laws, rules and regulations, including not by limitation the plans resubmitted to Lessor. Lessor’s failure to request changes to or object to any submitted or resubmitted plans within 30 days of receipt constitutes Lessor’s approval Texas Accessibility Standards (TAS) Article 9102, Texas Civil Statutes, The Administrative Rules of the plansTexas Department of Licensing and Regulation. Minor changes Thereafter, notwithstanding anything in work or materials not affecting this Lease to the general character of contrary, Tenant shall be responsible for all costs incurred to cause the project may be made at any time without Lessor’s approval. (iii) The following items do not require submission to, and 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, Premises to comply with legal requirementsany such laws, rules or regulations, including not by limitation the retrofit requirements of TAS, as may be amended. (c) Lessor will not unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lessee.

Appears in 1 contract

Sources: Lease Agreement (ReachLocal Inc)

Improvements; Alterations. Improvements to the Premises shall be installed at Tenant's expense 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 standards in the following sentence. 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 (ain the reasonable discretion of Landlord) Lessee may(1) the Building's Structure or the Building's Systems (including the Building's restrooms or mechanical rooms), at (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 time 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 from time subject to time 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 TermTerm of this Lease (provided that Tenant shall not perform any improvements, erectalterations or additions to the Premises in stages as a means to subvert this provision), maintain, 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 therefor prior to commencing any such alterations, additions, or improvements (for informational purposes only so long as no consent is required by Landlord 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) Lessee bears the cost Building's Structure or the Building's Systems, including the distribution of any such work; the HVAC under Section 7.(a), (ii) Lessor must be notified the provision of the time for beginning and the general nature of any such workservices to other Building tenants, other than routine maintenance of existing buildings or improvements, at the time the work begins; and (iii) The conditions the appearance of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving constructionthe Building's common areas or the exterior of the Building. All alterations, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may shall be constructed on the Leased Premises unless the plansconstructed, specificationsmaintained, and proposed location of the building or other improvement have received Lessor’s written approval used by Tenant, at its risk and the building or other improvement complies expense, in accordance with the approved plans, specifications, and proposed location. No material addition all Laws; Landlord's consent to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by Lessor. (ii) Lessor 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, and the plans resubmitted to Lessor. 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. 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 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 unreasonably withhold its approval of any items required alterations, additions or improvements (or the plans therefor) shall not constitute a representation or warranty by this Section 3.03. (d) With respect to any contract for work performed by Lessee Landlord, nor Landlord's acceptance, that the same comply with sound architectural and/or engineering practices or caused to be performed by Lessee in, on, or to the Leased Premises, Lessee will act as a principal and not as the agent of Lessorwith all applicable Laws, and Lessor expressly disclaims any liability Tenant shall be solely responsible 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 ensuring 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lesseecompliance.

Appears in 1 contract

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

Improvements; Alterations. (a) Lessee Initial Improvements to ALTERATIONS; the Premises, shall be installed in accordance with Exhibit D. REPAIRS; Improvements to the 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 initial Tenant Improvements are made, no alterations or physical additions in or to the Premises may be made without Landlord's prior written consent. Tenant may, subject to applicable law and Landlord's reasonable approval and management, install signage at the Premises. 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 manner 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. Approval by Landlord of any 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, Tenant 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 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 in the Premises, including the Work (as defined in Exhibit D) or in other areas of the Building. Notwithstanding the foregoing, Tenant shall have the right to construct non-structural alterations and improvements to the Premises without Landlord's prior approval, if the cost of any alteration project does not exceed $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 alterations or improvements upon termination of this Lease. Tenant's furniture, equipment and other personal property installed in the Premises shall at all times be Tenant's property, and Tenant may remove any or all of such property from the Premises at any time and from time to time during the Term, erect, maintain, (i) Lessee bears the cost of any provided that Tenant repairs all damages caused by 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 conditions of Section 3.03(b) concerning Lessor’s approving plans must be followedremoval. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased 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 material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by Lessor. (ii) Lessor 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, and the plans resubmitted to Lessor. 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. 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 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 unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lessee.

Appears in 1 contract

Sources: Lease Agreement (Avanex Corp)

Improvements; Alterations. Except as otherwise provided herein and in Exhibit D attached hereto, improvements to the Premises shall be installed at Tenant's expense 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 (ain the reasonable discretion of Landlord) Lessee maythe (1) Building's Structure or the Building's Systems (including the Building's restrooms or mechanical rooms), at any time and from time (2) exterior appearance of the Building, (3) appearance of the Building's common areas or elevator lobby areas, or (4) provision of services to time during other occupants of the TermBuilding. Except as otherwise provided herein, erectTenant shall not paint or install lighting or decorations, maintain, (i) Lessee bears the cost signs, window or door lettering, or advertising media of any such work; (ii) Lessor must be notified type visible from the exterior of the time for beginning and Premises without the general nature prior written consent of any such workLandlord, other than routine maintenance of existing buildings which consent shall not be unreasonably withheld or improvements, at the time the work begins; and (iii) The conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving constructiondelayed. 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 approval of any alterations, additions or improvements (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 Lease to the contrary, Tenant shall have the right, without Landlord’s prior consent or approval, to make interior, non-structural additions, improvements and alterations of buildings or other improvements on to the Leased Premises: , provided that (i) No building Tenant shall deliver notice to Landlord prior to commencing such additions, improvements or other improvement may be constructed on the Leased Premises unless the plansalterations, 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 material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by Lessor. (ii) Lessor 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 madecost of such alterations do not exceed $30,000.00, and the plans resubmitted to Lessor. 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. 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 approval, by Lessor: 1. Minor repairs and alternations necessary to maintain existing structures and improvements such alterations are performed in a useful state good and workmanlike manner. Unless Landlord states in writing at the time of repair and operation; or 2. changes and alterations required their giving of consent to a proposed alteration, addition or improvement that all or any element of such alterations, additions or improvements must be removed by an authorized public official with authority Tenant at the expiration or jurisdiction over the buildings or improvements, to comply with legal requirements. (c) Lessor will not unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 earlier termination of the Leased Premises or against Lessee's leasehold interest (excluding any leasehold mortgage) in the land or any buildings Term hereof, such alterations, additions or improvements on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, remain within or upon the order ofPremises at the expiration or other termination of the Term hereof and Tenant shall have no obligation for removal of such alterations, or to discharge the obligation of Lesseeadditions and improvements.

Appears in 1 contract

Sources: Lease Agreement (Taysha Gene Therapies, Inc.)

Improvements; Alterations. 8.1.1 Tenant shall not make, or allow to be made, any alterations, physical additions, improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about or to the Premises (a“Alterations”) Lessee without obtaining the prior written consent of Landlord, 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 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 Regulations (including, without limitation, the Americans With Disabilities Act); and (3) will not interfere with the use and occupancy of any other portion of the Building or Project by any other tenant or its invitees. Specifically, but without limiting the generality of the foregoing, Tenant must obtain Landlord’s written consent for all plans and specifications for the proposed Alterations, construction means and methods, all appropriate permits and licenses, any contractor or subcontractor to be employed on the work of Alterations, and the time for performance of such work, and may impose rules and regulations for contractors and subcontractors performing such work. Tenant shall also supply to Landlord any documents and information requested by Landlord in connection with 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 Alterations, including any costs or 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 time or all Alterations made by Tenant and from time restore the Premises by the expiration or earlier termination of this Lease, to time during their condition existing prior to the Termconstruction 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, erectLandlord may keep and use them or remove any of them and cause them to be stored or disposed of in accordance with applicable law, maintain,at Tenant’s sole expense. 8.1.2 Notwithstanding the foregoing, at Landlord’s option (ibut without obligation), all or any portion of the Alterations shall be performed by Landlord for Tenant’s account and Tenant shall pay Landlord’s estimate of the cost thereof (including a reasonable charge for Landlord’s overhead and profit) Lessee bears 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 such work;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 (ii10) Lessor must be notified business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the time for beginning expected commencement date of that construction to permit Landlord to post and the general nature record a notice of any such work, other than routine maintenance non-responsibility. Upon substantial completion of existing buildings or improvements, at the time the work begins; and (iii) The conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additionsif the law so provides, and alterations Tenant shall cause a timely notice of buildings or other improvements on completion to be recorded in the Leased Premises: (i) No building or other improvement may be constructed on the Leased Premises unless the plans, specifications, and proposed location office 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 material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior recorder of the proposed addition or alteration have been first submitted to and approved by Lessorcounty in which the Building is located. (ii) Lessor 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, and the plans resubmitted to Lessor. 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. 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 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 unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lessee.

Appears in 1 contract

Sources: Lease Agreement (Healthy Extracts Inc.)

Improvements; Alterations. Except as expressly set forth in this Lease, improvements to the Premises shall be installed at the expense of Tenant in accordance with the attached Exhibit “D”. No alterations or physical additions in or to the Premises may be made without Landlord’s prior written consent. At the time that Landlord gives any consent to Tenant for alterations, physical additions, or improvements in or to the Premises, Landlord shall specifically designate in writing: (ai) Lessee mayeach 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 time manner connected to the Building’s plumbing system) made in or upon the Premises that will be Landlord’s property at the end of the Term and remain on the Premises without compensation to Tenant. 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, 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 with all base building work for the Building and the Premises completed (subject to typical punch list items) in accordance with Landlord’s approved base building plans for the Building, which 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 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 same may be amended from time to time during (collectively the Term, erect, maintain, (i) Lessee bears the cost of any such work; (ii) Lessor must be notified “ADA”). Subsequent to Landlord’s delivery of the time for beginning Premises to Tenant as described above and the general nature of any such workin Exhibit “D” hereto, other than routine maintenance of existing buildings or improvements, at the time the work begins; and (iii) The conditions of Section 3.03(b) concerning Lessor’s approving plans must Tenant shall be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased 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 material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by Lessor. (ii) Lessor 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, and the plans resubmitted to Lessor. 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. 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 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 unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, or to the Leased Premises, Lessee will act as a principal and not as the agent of Lessor, and Lessor expressly disclaims any liability responsible for the cost of labor performed all work required to comply with the retrofit requirements of the ADA, where and to the extent that such work is necessitated by Lessee any installations, additions, or material furnished alterations made in or to Lesseethe Premises at the request of 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. Lessee will pay promptly when due Except for Tenant’s foregoing obligations with respect to the entire cost of any work affecting Premises, Landlord shall deliver the Leased Premises done by or for to Tenant in compliance with all Laws, including the account of Lessee so that the Leased Premises will ADA, and shall at all times during the Term be free of liens for labor responsible to maintain the Project and materials. Lessee will not cause or permit any mechanics' liens or the Building (other liens to be filed against than the fee of the Leased Premises or against Lessee's leasehold interest (excluding any leasehold mortgagePremises) in the land or any buildings or improvements on the Leased Premises by reason of any work, 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 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 account of Lessee, irrespective of whether or not compliance with such lien is valid or enforceable. In no event will Lessor or any of Lessor's property be liable for or chargeable with any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of LesseeLaws.

Appears in 1 contract

Sources: Office Lease Agreement (TrueCar, Inc.)

Improvements; Alterations. Except as expressly provided in Exhibit D hereto, improvements to the Premises shall be installed at Tenant’s expense 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 8.1. No alterations or physical additions in or to the Premises (including the installation of systems furniture or other equipment or personal property that affects or otherwise connects to the Building’s Systems) 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 Building’s Structure or the Building’s Systems (including the Project’s restrooms or mechanical rooms), or • affect (in the sole discretion of Landlord) the exterior appearance of the Project, appearance of the Project’s common areas or elevator lobby areas, quiet enjoyment of other tenants or occupants of the Project, or provision of services to other occupants of the Project. To the extent that Landlord grants Tenant the right to use areas within the Project, whether pursuant to the terms of this Lease or through plans and specifications subsequently approved by Landlord (and without implying that Landlord shall grant any such approvals), in no event may Tenant use more than its Proportionate Share of the areas within the Building or utility capacity made available by Landlord for general tenant usage for Tenant’s installations and operations in the Premises (including chilled water, electricity, telecommunications room space, electrical room space, plenum space and riser space), and Tenant shall comply with the provisions of this Section with respect to all such items, including Tenant’s Off-Premises Equipment. 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, but subject to Section 8.2 below with respect to the Visible Premises, Tenant shall not be required to obtain Landlord’s consent for repainting, recarpeting, or other alterations, tenant improvements, or physical additions to the Premises which are cosmetic in nature totaling less than $20,000 in any single instance or series of related alterations performed within a six-month period (each a “Minor Alteration”) (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 (i) 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 therefor prior to commencing any such alterations, additions, or improvements (for informational purposes only so long as no consent is required by Landlord as required by this Lease), (ii) 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 (iii) such alterations, additions and improvements will not affect (a) Lessee maythe Building’s Structure or the Building’s Systems, 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 conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessorthe provision of services to other Building tenants, or (c) the appearance of the Building’s approving constructioncommon areas or the exterior of the Building. For clarity, Tenant must notify Landlord in writing prior to making any alterations, additions or improvements to the Premises or elsewhere at the Project regardless of whether Landlord’s consent is required hereunder. All alterations, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may shall be constructed on the Leased Premises unless the plansconstructed, specificationsmaintained, and proposed location of the building or other improvement have received Lessorused by Tenant, at its risk and expense, in accordance with all Laws; Landlord’s written approval and the building or other improvement complies with the approved plans, specifications, and proposed location. No material addition consent to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by Lessor. (ii) Lessor 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, and the plans resubmitted to Lessor. 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. 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 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 unreasonably withhold its approval of any items required alterations, additions or improvements (or the plans therefor) shall not constitute a representation or warranty by this Section 3.03. (d) With respect to any contract for work performed by Lessee Landlord, nor Landlord’s acceptance, that the same comply with sound DMWEST #36871000 v9 ▇ ▇▇▇▇▇ ▇▇▇▇ architectural and/or engineering practices or caused to be performed by Lessee in, on, or to the Leased Premises, Lessee will act as a principal and not as the agent of Lessorwith all applicable Laws, and Lessor expressly disclaims any liability Tenant shall be solely responsible 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 ensuring 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lesseecompliance.

Appears in 1 contract

Sources: Lease Agreement (Dicerna Pharmaceuticals Inc)

Improvements; Alterations. (a) Lessee may, at any time and from time Improvements to time during the Term, erect, maintain, (i) Lessee bears the cost of any such work; (ii) Lessor must Premises shall be notified of the time for beginning and the general nature of any such work, other than routine maintenance of existing buildings or improvements, installed at the time the work begins; and (iii) The conditions expense of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased 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 Tenant only in accordance with the approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration which have been first previously submitted to and approved by Lessor. (ii) Lessor will promptly review and approve all plans submitted by Lessee or will note in writing any required changes by Landlord. After the initial Tenant improvements are made, no alterations or corrections that must be made physical additions in or to the plans. Any required changes or corrections must be made, and the plans resubmitted to Lessor. 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. Minor changes in work or materials not affecting the general character of the project Premises may be made at without Landlord's prior written consent. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any time type on or about the Premises without Lessor’s approval. the prior written consent of Landlord, which approval shall not be unreasonably withheld or delayed. All alterations, additions, or improvements (iii) The following items do not require submission towhether temporary or permanent in character, and including without limitation all air-conditioning equipment and all other equipment that is in any manner 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; provided, however, if Tenant obtains Landlord's prior written approval, Tenant shall have the right to remove trade fixtures and Tenant-installed improvements during the Term so long as Tenant repairs any damage caused by Lessor: 1removal. Minor repairs Approval by Landlord of any of Tenant's drawings and alternations necessary to maintain existing structures plans and specifications prepared in connection with any improvements in the Premises shall not constitute a useful state representation or warranty of repair Landlord as to the adequacy or sufficiency of such drawings, plans 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 unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, onspecifications, 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 Leased Premisescontrary, Lessee will act as a principal and not as the agent of Lessor, and Lessor expressly disclaims any liability Tenant shall be responsible for the cost of labor performed by Lessee or material furnished all work required to Lessee. Lessee will pay promptly when due comply with 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 retrofit requirements of the Leased Premises or against Lessee's leasehold interest (excluding 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 leasehold mortgage) in the land or any buildings or improvements on the Leased Premises by reason of any workinstallations, labor, servicesadditions, or materials supplied alterations made in 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request ofof or by Tenant or by Tenant's 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 in the Premises (including the Work described in Exhibit D) or upon in other areas of the order of, or to discharge the obligation of LesseeBuilding.

Appears in 1 contract

Sources: Lease Agreement (Daleen Technologies Inc)

Improvements; Alterations. Improvements to the 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 are made, no alterations or physical additions in or to the Premises may be made without Landlord's prior written consent. 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. All alterations, additions, or improvements (awhether temporary or permanent in character, and including without limitation all air-conditioning equipment and all other equipment that is in any manner connected to the Building's plumbing system) Lessee maymade 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. Approval by Landlord of any time 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, Tenant 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 during (the Term"ADA"), erect, maintain, (i) Lessee bears the cost of necessitated by 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 conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving constructioninstallations, additions, and or alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased 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 material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by Lessor. (ii) Lessor will promptly review and approve all plans submitted by Lessee or will note made in writing any required changes or corrections that must be made to the plans. Any required changes or corrections must be made, and the plans resubmitted to Lessor. 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. 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 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 unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, or to the Leased Premises, Lessee will act Premises at the request of or by Tenant or by Tenant's use of the Premises (other than retrofit work whose cost has been particularly identified as a principal being payable by Landlord in an instrument signed by Landlord and not as the agent of LessorTenant), and Lessor expressly disclaims any liability Landlord shall be responsible for the cost of labor performed by Lessee or material furnished all work required to Lesseecomply with the ADA in connection with other areas of the Building. Lessee will pay promptly when due Notwithstanding the entire cost foregoing, all moveable partitions, cubical furniture and de-mountable wall systems are to be considered personal property of any work affecting the Leased Premises done by or for the account of Lessee so Tenant (similar to furniture) and may be erected, moved, re-configured and removed, including minor electrical connections, without consent from Landlord provided that the Leased Premises will at all times be free of liens for labor and materials. Lessee will not cause Building is returned to its original 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 on the Leased Premises by reason of any work, 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 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 account of Lessee, irrespective of whether or not otherwise satisfactory condition after such lien is valid or enforceable. In no event will Lessor or any of Lessor's property be liable for or chargeable with any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lesseeremoval.

Appears in 1 contract

Sources: Lease Agreement (Silicon Laboratories Inc)

Improvements; Alterations. (a) Lessee may, at any time and Tenant is entitled from time to time during time, at its sole cost and expense and without Landlord’s consent, to make any alterations or improvements to the Term, erect, maintain, (i) Lessee bears the cost of any such work; (ii) Lessor must be notified non-structural portions of the time for beginning and Building; provided, such alterations or improvements will be made in accordance with applicable Laws. Tenant shall not make any alterations or improvements to the general nature of Building’s Structure, Building’s Systems or any such work, other than routine maintenance of existing buildings or improvements, at major alteration that can reasonably be determined to substantially diminish the time the work begins; and (iii) The conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased Premises unless the plans, specifications, and proposed location fair market value of the building Premises, without the prior consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or other improvement have received Lessor’s written approval and the building or other improvement complies with the approved plans, specifications, and proposed locationdelayed. No material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by Lessor. (ii) Lessor 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, and the plans resubmitted to Lessor. 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. 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 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 unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee improvements or caused to be performed by Lessee inalterations so made, onTenant shall upon Landlord’s request provide Landlord, without representation or warranty and to the Leased Premisesextent in Tenant’s actual possession, Lessee will act as a principal and final working drawings of all improvements or alterations that cost in excess of $50,000. Tenant shall use reasonable diligence to 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 mechanic’s liens to be filed against the fee Premises in connection with such alterations or improvements in accordance with the provisions of Section 9(c) of this Lease. 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 approval of any alterations, additions or improvements (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. (a) All such alterations shall be performed in a good and workmanlike manner and shall be completed in compliance with all legal requirements; (b) Tenant shall promptly pay all cost and expenses of any such alteration; (c) Tenant shall procure and pay for all permits and licenses required in connection with any such alteration; and (d) Such alterations shall not impair the structural integrity of the Leased Premises or against Lessee's leasehold interest (excluding any leasehold mortgage) in the land or any buildings or improvements on the Leased Premises by reason of any work, labor, servicesBuilding, 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 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 inconsistent with 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of LesseeComparable Buildings.

Appears in 1 contract

Sources: Lease Agreement (Efj Inc)

Improvements; Alterations. (a) Lessee mayExcept as expressly set forth in Exhibit D, 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 conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving constructionalterations, additions, deletions, modifications or utility installations in, of or to the improvements at the Premises (collectively, "Alterations") shall be installed at Tenant's expense and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased Premises unless the plans, only in accordance with detailed plans and 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, specificationsconstruction methods, and proposed location. No material addition to or alteration all appropriate permits and licenses, all of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration which have been first previously submitted to and approved by Lessor. (ii) Lessor will promptly review and approve all plans submitted by Lessee or will note in writing any required changes by Landlord, and by a professionally qualified and licensed contractor and subcontractors reasonably approved by Landlord. Except as expressly set forth herein, no Alterations in or corrections that must be made to the plans. Any required changes or corrections must be made, and the plans resubmitted to Lessor. 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. Minor changes in work or materials not affecting the general character of the project Premises may be made at any without (a) Landlord's prior written consent and (b) compliance with such requirements and construction regulations concerning such Alterations as Landlord may impose from time without Lessor’s approval. (iii) The following items do not require submission to, and approval, by Lessor: 1to time. 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 Landlord will not be deemed to unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect consent to any contract for work performed by Lessee Alteration that violates Regulations (hereinafter defined), may affect or caused to be performed by Lessee inincompatible with the building's structure or its HVAC, onplumbing, life-safety, electrical, mechanical or other basic systems, 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 appearance of the Leased Premises or against Lessee's leasehold interest (excluding any leasehold mortgage) Premises. All Alterations made in the land or any buildings or improvements on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order ofPremises shall at Landlord's option, either be removed by Tenant at Tenant’s sole expense 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. All Alternations shall 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 (hereinafter defined). At least ten (10) days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to discharge permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the obligation law so provides, Tenant shall promptly cause a notice of Lesseecompletion to be recorded in the office of the recorder of the county in which the Premises is located. Notwithstanding anything to the contrary, Tenant shall be permitted to complete, without Landlord’s prior written consent, cosmetic or non-structural Alterations with a value less than $5,000 that Tenant determines are reasonably necessary for Tenant’s use and enjoyment of the Premises.

Appears in 1 contract

Sources: Lease Agreement

Improvements; Alterations. (a) Lessee mayshall not make or permit any alterations or improvements to the Premises weaken the structural strength, at any time and from time to time during lessen the Termvalue of, erect, maintain, (i) Lessee bears or change 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 conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased Premises unless the plans, specifications, and proposed location architectural appearance of the building or other improvement have received Lessor’s written approval and the building or other improvement complies construction except with the approved plansprior written consent of Lessor. Lessor may, specificationsas a further condition to giving consent thereto, require Lessee to post bond with Lessor in the sum equal to estimated cost of said alteration, addition, or improvements securing the Lessor against loss, claim or leans by reason of the installation thereof. All alterations, additions, or improvements to the Premises shall be done in a workmanlike manner and proposed locationshall remain for the benefit of the Lessor. No material addition to or alteration Lessee shall give Lessor written notice at least ten (10) days in advance of the commencement of any building alteration, addition or structure erected 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 Leased Premises may be begun until plans Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and specifications covering the exterior of the proposed addition identifiable costs (by invoice or alteration have been first submitted to and approved by Lessor. (iiotherwise) Lessor 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, and the plans resubmitted to Lessor. Lessor’s failure to request changes to or object to any submitted or resubmitted plans is due within 30 days of receipt constitutes Lessor’s approval '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 plans. Minor changes other insurance matters described in work or materials not affecting the general character said Paragraph 22 of the project may be made at any time without Lessor’s approvalthis Lease. (iiic) The following items do not require submission to, All construction shall be conducted under the direct supervision of Lessor. Lessor will comply with all laws and approval, by Lessor: 1. Minor repairs and alternations necessary regulations applicable 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 such improvements, including but not limited to comply with legal requirementsbuilding codes, fire codes, handicapped access and other federal, state and local laws. (c) Lessor will not unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lessee.

Appears in 1 contract

Sources: Lease Agreement

Improvements; Alterations. Improvements to the Premises shall be installed at Tenant’s expense (other than the Work, as defined in Exhibit D hereto, for which Landlord shall provide the Construction Allowance) 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 8.1. No alterations or physical additions in or to the Premises (including the installation of systems furniture or other equipment or personal property that affects or otherwise connects to the Building’s Systems) 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 (a) Lessee mayadversely affect (in the reasonable discretion of Landlord) the Building’s Structure or the Building’s Systems (including the Project’s restrooms or mechanical rooms), at any time and from time to time during or (b) affect (in the Term, erect, maintain, sole discretion of Landlord) the (i) Lessee bears exterior appearance of the cost of any such work; Project, (ii) Lessor must be notified appearance of the time for beginning and the general nature of any such workProject’s common areas or elevator lobby areas, other than routine maintenance of existing buildings or improvements, at the time the work begins; and (iii) The conditions provision of Section 3.03(b) concerning Lessorservices to other occupants of the Project. Further, Landlord may condition its consent to any alteration or addition on Tenant’s approving plans must obtaining a letter of credit, bond or other form of security satisfactory to Landlord, in its reasonable discretion, to ensure Tenant’s compliance with its obligations hereunder. 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 followed. (b) The following rules govern Lessorwithheld in Landlord’s approving constructionsole and absolute discretion. All alterations, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may shall be constructed on the Leased Premises unless the plansconstructed, specificationsmaintained, and proposed location of the building or other improvement have received Lessorused by Tenant, at its risk and expense, in accordance with all Laws; Landlord’s written approval and the building or other improvement complies with the approved plans, specifications, and proposed location. No material addition consent to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by Lessor. (ii) Lessor 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, and the plans resubmitted to Lessor. 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. 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 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 unreasonably withhold its approval of any items required alterations, additions or improvements (or the plans therefor) shall not constitute a representation or warranty by this Section 3.03. (d) With respect to any contract for work performed by Lessee Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or caused to be performed by Lessee in, on, or to the Leased Premises, Lessee will act as a principal and not as the agent of Lessorwith all applicable Laws, and Lessor expressly disclaims any liability Tenant shall be solely responsible 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 ensuring 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lesseecompliance.

Appears in 1 contract

Sources: Lease Agreement (RetailMeNot, Inc.)

Improvements; Alterations. Except as expressly provided otherwise in this Lease, improvements to the Premises shall be installed at Tenant's expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. 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, in its sole discretion, to any alteration or addition that would adversely affect the Complex's structure or its HVAC, plumbing, electrical, or mechanical systems. 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, in Landlord's sole opinion, affect the appearance of the exterior of the Complex or of any common areas of the Complex. All alterations, 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. Notwithstanding anything to the contrary in this Section 6(a): (a) Lessee may, at any time and from time Tenant shall not be required to time during the Term, erect, maintain, remove (i) Lessee bears any of the cost of any such work; Work, or (ii) Lessor must be notified any alterations or additions to which landlord has given its written consent, unless Landlord's consent to such alterations or additions was conditioned upon the removal of such items prior to the time for beginning expiration or termination of this Lease; 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 conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving constructionTenant shall be entitled to remove furniture, accessories, computers and other equipment, mounting racks and plants placed in the Premises by Tenant. All alterations, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may shall be constructed on the Leased Premises unless the plansconstructed, specificationsmaintained, and proposed location used by Tenant, at its risk and expense, in accordance with all Laws (as defined in Section 23(s)); Landlord's approval 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 material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition therefor shall not be a representation by Landlord that such alterations, additions, or alteration have been first submitted to and approved by Lessor. (ii) Lessor 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, and the plans resubmitted to Lessor. 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. 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 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 requirementsany Law or are fit for any use. (c) Lessor will not unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lessee.

Appears in 1 contract

Sources: Office Lease (Adesso Healthcare Technology Services Inc)

Improvements; Alterations. Improvements to the Premises shall be installed at Tenant’s expense 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 8.1. No alterations or physical additions in or to the Premises (including the installation of systems furniture or other equipment or personal property that affects or otherwise connects to the Building’s Systems) may be made without Landlord’s prior written consent, which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent in its sole discretion to any alteration or addition that would (a) Lessee mayadversely affect (which determination shall be made by Landlord in its commercially reasonable discretion) the Building’s Structure or the Building’s Systems (including the Project’s restrooms or mechanical rooms), 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 conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessoris used for or associated with the use, storage or dispensing of Hazardous Materials (defined below), or (c) affect (which determination shall be made by Landlord in its sole and absolute discretion) the exterior of the Project. Further, Landlord may condition its consent to any alteration or addition on Tenant obtaining a letter of credit, bond or other form of security satisfactory to Landlord, in its sole discretion, to ensure Tenant’s approving constructioncompliance with its obligations hereunder. 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. All water heaters in the Premises must be tankless and must include automatic shut off valves and water sensors. All alterations, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may shall be constructed on the Leased Premises unless the plansconstructed, specificationsmaintained, and proposed location of the building or other improvement have received Lessorused by Tenant, at its risk and expense, in accordance with all Laws; Landlord’s written approval and the building or other improvement complies with the approved plans, specifications, and proposed location. No material addition consent to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by Lessor. (ii) Lessor 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, and the plans resubmitted to Lessor. 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. 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 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 unreasonably withhold its approval of any items required alterations, additions or improvements (or the plans therefor) shall not constitute a representation or warranty by this Section 3.03. 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. Landlord and Tenant hereby acknowledge and agree that all alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, or subject to the Leased Premises, Lessee will act as a principal and not as the agent provisions of Lessor, and Lessor expressly disclaims any liability for the cost of labor performed by Lessee or material furnished to LesseeSection 21). 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lessee.23048 N. 15th Avenue

Appears in 1 contract

Sources: Lease Agreement (AIRO Group Holdings, Inc.)

Improvements; Alterations. Except for any work to be performed by Landlord pursuant to Exhibit D attached to this Lease (a“Tenant Improvements”), all improvements to the Premises shall be installed at Tenant’s expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. No alterations or physical additions in or to the Premises costing in excess of $25,000.00 in the aggregate for any one (1) Lessee Lease Year may be made without Landlord’s prior written consent, which shall not be unreasonably withheld or delayed; however, Landlord may, at in its sole discretion, withhold its consent to any time alteration or addition that would affect the Complex’s structure or its HVAC, plumbing, 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 from time 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 time during remove those Tenant’s Alterations requiring Landlord’s approval hereunder if, as a condition of Landlord’s approval, Landlord requires the Termremoval of the same upon the expiration or earlier termination of this Lease. Tenant shall not paint or install lighting or decorations, erectsigns, maintain, (i) Lessee bears the cost 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 work; (ii) Lessor must be notified painting or installation which would affect the appearance of the time for beginning exterior of the Complex or of any common areas of the Complex. 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 general nature 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 work, other than routine maintenance removal to Landlord’s satisfaction. Tenant’s removal and repair obligations hereunder shall survive the expiration or earlier termination of existing buildings or improvements, this Lease. Landlord agrees to provide Building standard directory board and tenant suite identification at the time the work begins; and (iii) The conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving constructionno cost to Tenant. All alterations, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may shall be constructed on the Leased Premises unless the plansconstructed, specificationsmaintained, and proposed location of the building or other improvement have received Lessor’s written approval used by Tenant, at its risk and the building or other improvement complies expense, in accordance with the approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by Lessor. (ii) Lessor 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, and the plans resubmitted to Lessor. Lessor’s failure to request changes to or object to any submitted or resubmitted plans within 30 days of receipt constitutes LessorLaws; Landlord’s approval of the plans. Minor changes in work plans and specifications therefor shall not be a representation by Landlord that such alterations, additions, 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 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 requirementsany Law. (c) Lessor will not unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lessee.

Appears in 1 contract

Sources: Office Lease Agreement (Cray Inc)

Improvements; Alterations. (a) Lessee mayAll alterations, 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, betterments and other physical additions in or to the Premises (collectively, “Alterations”) shall be installed at the time the work begins; and (iii) The conditions of Section 3.03(b) concerning LessorTenant’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased 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 expense only in accordance with the approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration that have been first previously submitted to and approved by Lessor. Landlord, which approval shall be governed by the provisions set forth in this Section 8(a), and otherwise in accordance with the provisions hereof, except with respect to the Tenant Improvements (as defined in Tenant Work Letter attached hereto as Exhibit D), which shall be governed by the terms and conditions thereof, Cables (as defined below), which shall be installed, maintained, replaced and removed in accordance with the terms and conditions of Section 25 below, and Tenant’s signage, which shall be installed, maintained, replaced and removed in accordance with the terms and conditions of Section 25, below. Except as provided in this Lease, no Alterations may be made without Landlord’s prior written consent to such Alterations and the plans and specifications, and the construction means and methods, therefor, 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 Common Areas or elevator lobby areas, or (4) provision of services to other occupants of the Building. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days’ notice to Landlord, but without Landlord’s prior consent, to the extent that such Alterations do not (i) adversely affect the systems and equipment of the Building, exterior appearance of the Building, or structural aspects of the Building, (ii) Lessor will promptly adversely affect the value of the Premises or Building, (iii) require a building or construction permit, or (iv) cost more than Fifty Thousand and 00/100 Dollars ($50,000.00) for a particular job of work. If Landlord consents to Alterations, Landlord may impose such conditions with respect thereto as are reasonably appropriate, including (A) requiring Tenant to furnish (i) Landlord with commercially reasonable evidence that Tenant has sufficient funds to pay all costs to be incurred in connection with such work, (ii) commercially reasonable levels of insurance against liabilities that may arise out of such work, and (iii) plans and specifications, and permits for such work, and (B) requiring Tenant to remove any and all such Alterations (including fixtures) in or to the Premises prior to the expiration or earlier termination of this Lease at Tenant’s sole cost and expense. Tenant’s plans and specifications and construction means and methods shall be subject to Landlord’s written approval, such approval not to be unreasonably withheld, conditioned or delayed. All Alterations are subject to removal and restoration in accordance with the provisions of Section 20(b) below. Tenant shall furnish to Landlord any documents and information requested by Landlord in connection with the exercise of its rights hereunder. Landlord may hire outside consultants to review such documents and approve information furnished to Landlord and Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys’ fees, within thirty (30) days after receipt from Landlord of an invoice therefor, together with reasonable supporting evidence, up to a maximum total aggregate of Five Thousand Dollars ($5,000.00) per occurrence. 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. All Alterations shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws, the Underlying Documents and the Landlord’s then current contractor rules and regulations; Landlord’s consent to or approval of any Alterations (or the plans submitted therefor) shall not constitute a representation or warranty by Lessee Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices, or will note in writing with all applicable Laws or with the Underlying Documents, and Tenant shall be solely responsible for ensuring all such compliance. If, as a result of Tenant’s use of the Premises or the making of any Alterations to the Premises and/or installation of any Tenant Improvements pursuant to this Section 8(a), Section 25 below, or the Tenant Work Letter, respectively, any Alterations shall be required changes or corrections that must to be made to the plans. Any required changes or corrections must be made, and the plans resubmitted to Lessor. Lessor’s failure to request changes to or object to any submitted or resubmitted plans within 30 days of receipt constitutes Lessor’s approval part of the plans. Minor changes in work Premises 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 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, Project to comply with legal requirements. the requirements of any applicable Law, including the requirements of the Disabilities Act (c) Lessor as defined below), the Occupational Safety & Health Administration (OSHA), or the orders or requirements imposed by any health officer, fire marshal or building inspector, or the Underlying Documents, Tenant shall be solely responsible for the costs incurred to effect such compliance (collectively, the “Required Improvements”); provided, however, that if it is determined that any Required Improvements will be imposed due to the Alterations, Tenant may, in its sole discretion, elect not to perform the Alterations in question. If the required Alteration will not unreasonably withhold its approval affect the Building’s Structure or the Building’s Systems, Tenant shall perform such work subject to this Section 8(a). If the required Alteration will affect the Building’s Structure or the Building’s Systems, Landlord shall have the right to perform such work and Tenant shall reimburse Landlord in an amount equal to Landlord’s commercially reasonable out of pocket costs plus three percent (3%) for overhead, which shall be payable within thirty (30) days of Landlord’s receipt of any items required by this Section 3.03invoice therefor, together with reasonable supporting evidence. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lessee.

Appears in 1 contract

Sources: Lease Agreement (Glu Mobile Inc)

Improvements; Alterations. 8.1.1 Tenant shall not make, or allow to be made, any alterations, physical additions, improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about or to the Premises (a"Alterations") Lessee without obtaining the prior written consent of Landlord, 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 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 Regulations (including, without limitation, the Americans With Disabilities Act); and (3) will not interfere with the use and occupancy of any other portion of the Building or Project by any other tenant or its invitees. Specifically, but without limiting the generality of the foregoing, Landlord shall have the right of written consent for all plans and specifications for the proposed Alterations, construction means and methods, all appropriate permits and licenses, any contractor or subcontractor to be employed on the work of Alterations, and the time for performance of such work, and may impose rules and regulations for contractors and subcontractors performing such work. Tenant shall also supply to Landlord any documents and information reasonably requested by Landlord in connection with 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 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 time or all Alterations made by Tenant and from time restore the Premises by the expiration or earlier termination of this Lease, to time during their condition existing prior to the Termconstruction 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, erectLandlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, maintain,at Tenant's sole expense. 8.1.2 Notwithstanding the foregoing, at Landlord's option (ibut without obligation), all or any portion of the Alterations shall be performed by Landlord for Tenant's account and Tenant shall pay Landlord's estimate of the cost thereof (including a reasonable charge for Landlord's overhead and profit) Lessee bears 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 such work;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 (ii10) Lessor must be notified business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the time for beginning expected commencement date of that construction to permit Landlord to post and the general nature record a notice of any such work, other than routine maintenance non-responsibility. Upon substantial completion of existing buildings or improvements, at the time the work begins; and (iii) The conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additionsif the law so provides, and alterations Tenant shall cause a timely notice of buildings or other improvements on completion to be recorded in the Leased Premises: (i) No building or other improvement may be constructed on the Leased Premises unless the plans, specifications, and proposed location office 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 material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior recorder of the proposed addition or alteration have been first submitted to and approved by Lessorcounty in which the Building is located. (ii) Lessor 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, and the plans resubmitted to Lessor. 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. 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 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 unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lessee.

Appears in 1 contract

Sources: Lease Agreement (Manchester Technologies Inc)

Improvements; Alterations. Improvements to the Premises shall be installed at Tenant's expense only in accordance with plans and specifications that have been previously submitted to and approved in writing by Landlord, which approval shall be governed by standards in the following sentence. 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 (ain the reasonable discretion of Landlord) Lessee may(1) the Building's Structure or the Building's Systems (including the Building's restrooms or mechanical rooms), at any time and from time to time during (2) the Termexterior appearance of the Building, erector (3) the appearance of the Building's common areas or elevator lobby areas. Tenant shall not paint or install lighting or decorations, maintain, (i) Lessee bears the cost 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 work; (ii) Lessor must be notified painting or installation which would affect the appearance of the time for beginning and exterior of the general nature Building or of any such work, other than routine maintenance common areas of existing buildings or improvements, at the time the work begins; and (iii) The conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving constructionBuilding. All alterations, additions, and alterations improvements shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws; Landlord's consent to or approval of buildings any alterations, additions or other improvements (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 the above, ▇▇▇▇▇▇▇▇ acknowledges that certain ductwork will be required on the Leased Premises: (i) No building or other improvement may be constructed on the Leased 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 material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the rear exterior of the proposed addition or alteration have been first submitted Building (including the use of pre-existing ductwork on the rear exterior of the Building) and Landlord agrees that such equipment shall be permitted, subject to and approved by Lessor. (ii) Lessor 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, and the plans resubmitted to Lessor. Lessor’s failure to request changes to or object to any submitted or resubmitted plans within 30 days of receipt constitutes Lessor’s Landlord's approval of the plansmethod of installation and electrical and building code requirements. Minor changes in work or materials Landlord will be permitted to utilize the pre-existing duct, providing that such use does not affecting the general character of the project may be made at any time without Lessor’s approvalinterfere with ▇▇▇▇▇▇'s use. (iii) The following items do not require submission to, and 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 unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lessee.

Appears in 1 contract

Sources: Lease Agreement (Satcon Technology Corp)

Improvements; Alterations. (a) Lessee may, Tenant may install improvements to the Premises only at any time Tenant’s expense 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 conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased 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 in accordance with the approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering that have been previously submitted to and approved in writing by Landlord, 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 proposed addition or alteration have been first submitted Premises without the prior written consent of Landlord. Notwithstanding the foregoing, Tenant may make non-structural, interior alterations to and approved by Lessor. 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) Lessor such alterations will promptly review and approve all plans submitted by Lessee not affect the Building’s structure, the provision of services to other Building tenants or will note in writing any required changes the Building’s electrical, plumbing, HVAC, life safety or corrections that must be made to the plans. Any required changes or corrections must be made, and the plans resubmitted to Lessor. 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. Minor changes in work or materials not affecting the general character of the project may be made at any time without Lessor’s approval. mechanical systems; (iii) The following items do such alterations will not require submission to, and approval, by Lessor: 1. Minor repairs and alternations necessary to maintain existing structures and improvements in a useful state of repair and operationviolate any applicable Laws; or 2. changes and (iv) such 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 unreasonably withhold its approval 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 items required by this Section 3.03. single instance or series of related alterations performed within a year (d) With respect to provided that Tenant shall not perform any contract for work performed by Lessee improvements, alterations or caused to be performed by Lessee in, on, or additions to the Leased Premises, Lessee will act Premises in stages as a principal means to subvert this provision); and not as (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 agent terms of Lessorthis 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 Lessor expressly disclaims any liability improvements shall be constructed, maintained and used by Tenant at its sole risk and expense, in accordance with all applicable Laws. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for the cost of labor performed by Lessee or material furnished all work required to Lessee. Lessee will pay promptly when due comply with the entire cost retrofit requirements 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 ADA or other liens applicable laws pertaining to be filed against the fee accessibility of the Leased Premises by disabled or against Lessee's leasehold interest 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 after the Commencement Date at the request of or by Tenant or by Tenant’s use of the Premises (excluding any leasehold mortgage) 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 land Premises (including work described in Exhibit B) or any buildings or improvements on in other areas of the Leased Premises by reason of any work, 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 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 account of Lessee, irrespective of whether or not such lien is valid or enforceableBuilding. In no event will Lessor connection with Landlord’s review and approval of Tenant’s Work or any of Lessor's property be liable Tenant’s proposed alterations, additions or improvements to the Premises, Landlord may notify Tenant in writing, contemporaneously with Landlord’s notice of approval to Tenant with respect to the improvements in question, that Landlord will require Tenant to remove such alterations prior to the expiration of the 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 chargeable with any expense improvements to the Premises (whether such approval is required hereunder or lien for workotherwise), laborTenant shall remove all such alterations, or materials used additions and improvements, as Landlord may request; provided such request is delivered (1) not less than 60 days prior to the expiration of the Term in the Leased Premises or any improvements or change thereof made event this Lease expires at the request of, or upon end of the order of, or Term and (2) promptly following the termination of this Lease if this Lease is terminated prior to discharge the obligation expiration of Lesseethe Term.

Appears in 1 contract

Sources: Office Lease (Plains Capital Corp)

Improvements; Alterations. (a) Lessee mayAll alterations, 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, betterments and other physical additions in or to the Premises (collectively, “Alterations”) shall be installed at the time the work begins; and (iii) The conditions of Section 3.03(b) concerning LessorTenant’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased 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 expense only in accordance with the approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration that have been first previously submitted to and approved by Lessor. Landlord, which approval shall be governed by the provisions set forth in this Section 8(a), and otherwise in accordance with the provisions hereof, except with respect to the Tenant Improvements (as defined in the Tenant Work Letter attached hereto as Exhibit D), which shall be governed by the terms and conditions thereof, and Cables (as defined below), which shall be installed, maintained, replaced and removed in accordance with the terms and conditions of Section 25 below. Except as provided in this Lease, no Alterations may be made without Landlord’s prior written consent to such Alterations and the plans and specifications, and the construction means and methods, therefor, 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 Common Areas or elevator lobby areas, or (4) provision of services to other occupants of the Building. If Landlord consents to Alterations, Landlord may impose such conditions with respect thereto as are reasonably appropriate, including (A) requiring Tenant to furnish (i) [deleted], (ii) Lessor insurance against liabilities that may arise out of such work, and (iii) plans and specifications, and permits for such work, and (B) requiring (at the time that Landlord provides its consent to such Alterations) Tenant to remove any and all such Alterations (including fixtures) in or to the Premises prior to the expiration or earlier termination of this Lease at Tenant’s sole cost and expense (the terms set forth in Section 3.5 of the Tenant Work Letter shall govern with respect to Landlord’s notification to Tenant of any Tenant Improvements that Landlord will promptly review require to be removed prior to the expiration or earlier termination of this Lease). Tenant’s plans and approve specifications and construction means and methods shall be subject to Landlord’s written approval, not to be unreasonably withheld. Tenant shall furnish to Landlord any documents and information requested by Landlord in connection with the exercise of its rights hereunder. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type that is intended to be viewed from the exterior of the Premises (as reasonably determined by Landlord) without the prior written consent of Landlord, which consent may be withheld in Landlord’s reasonable discretion. All Alterations shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws and the Landlord’s then current contractor rules and regulations; Landlord’s consent to or approval of any Alterations (or the plans submitted therefor) shall not constitute a representation or warranty by Lessee Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices, or will note in writing with all applicable Laws, and Tenant shall be solely responsible for ensuring all such compliance. If, as a result of Tenant’s particular use of the Premises (as opposed to a general office use) or the making of any Alterations to the Premises and/or installation of any Tenant Improvements pursuant to this Section 8(a), Section 25 below, or the Tenant Work Letter, respectively, any other alterations, improvements, betterments or other 17 Second & Spring Avalara, Inc. physical additions shall be required changes or corrections that must to be made to the plans. Any required changes or corrections must be made, and the plans resubmitted to Lessor. Lessor’s failure to request changes to or object to any submitted or resubmitted plans within 30 days of receipt constitutes Lessor’s approval part of the plans. Minor changes in work Premises 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 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, Project to comply with legal requirements. the requirements of any applicable Law, including the requirements of the Disabilities Act (c) Lessor as defined below), the Occupational Safety & Health Administration (OSHA), or the orders or requirements imposed by any health officer, fire marshal or building inspector, Tenant shall be solely responsible for the costs incurred to effect such compliance. If the required alteration, improvement, betterment or other physical addition will not unreasonably withhold its approval affect the Building’s Structure or the Building’s Systems, Tenant shall perform such work subject to this Section 8(a). If the required alteration, improvement, betterment or other physical addition will affect the Building’s Structure or the Building’s Systems, Landlord shall have the right to perform such work and Tenant shall reimburse Landlord in an amount equal to Landlord’s reasonable, actual, out-of-pocket costs plus five percent (5%) for overhead, which shall be payable within thirty (30) days of Landlord’s receipt of any items required by invoice therefor, together with reasonable supporting evidence. Notwithstanding the foregoing provisions of this Section 3.03. 8(a) to the contrary, Tenant may make non structural Alterations to the interior of the Premises (dcollectively, the “Acceptable Changes” and individually, each an “Acceptable Change”) With without Landlord’s consent, provided that, with respect to each such Acceptable Change: (A) Tenant delivers to Landlord written notice of such Acceptable Change at least fifteen (15) days prior to the commencement thereof; (B) the aggregate cost of such Acceptable Change along with all other Acceptable Changes during any contract for work twelve (12) consecutive month period does not exceed Seventy-Five Thousand and 00/100 Dollars ($75,000.00); (C) such Acceptable Change is performed by Lessee or caused on behalf of Tenant in compliance with the other provisions of this Section 8; (D) such Acceptable Change does not require the issuance of a building permit or other governmental approval; (E) such Acceptable Change would not have an adverse effect (in Landlord’s reasonable discretion) on the Building’s Structure, the Building’s Systems (including the Building’s restrooms and mechanical rooms), or the provision of utilities or services to occupants of the Building; (F) such Acceptable Change cannot be seen from outside the Premises; and (G) such Acceptable Change is performed by Lessee in, on, or to the Leased Premises, Lessee will act as a principal qualified contractors and not as the agent of Lessor, subcontractors that normally 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 regularly perform similar 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of LesseeComparison Buildings.

Appears in 1 contract

Sources: Lease Agreement (Avalara Inc)

Improvements; Alterations. Improvements to the Premises shall be installed at Tenant’s expense 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 8.1. 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 (a) Lessee mayadversely 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), at or (b) affect more than to a de minimis extent (in the sole but reasonable discretion of Landlord) the exterior appearance of the Project. Tenant shall not install decorations, signs, window or door lettering, or advertising media of any time 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 from time absolute discretion. Notwithstanding the foregoing, Tenant shall not be required to time during obtain Landlord’s consent for (1) repainting or recarpeting (regardless of the Termcost), erector (2) other alterations, maintain, 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 therefor prior to commencing any such alterations, additions, or improvements (for informational purposes only so long as no consent is required by Landlord 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) Lessee bears the cost of any such work; Building’s Structure or the Building’s Systems, or (ii) Lessor must be notified the appearance of the time for beginning and exterior of 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 conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving constructionBuilding. All alterations, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may shall be constructed on the Leased Premises unless the plansconstructed, specificationsmaintained, and proposed location of the building or other improvement have received Lessorused by Tenant, at its risk and expense, in accordance with all Laws; Landlord’s written approval and the building or other improvement complies with the approved plans, specifications, and proposed location. No material addition consent to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by Lessor. (ii) Lessor 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, and the plans resubmitted to Lessor. 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. 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 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 unreasonably withhold its approval of any items required alterations, additions or improvements (or the plans therefor) shall not constitute a representation or warranty by this Section 3.03. (d) With respect to any contract for work performed by Lessee Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or caused to be performed by Lessee in, on, or to the Leased Premises, Lessee will act as a principal and not as the agent of Lessorwith all applicable Laws, and Lessor expressly disclaims any liability Tenant shall be solely responsible 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 ensuring 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lesseecompliance.

Appears in 1 contract

Sources: Lease Agreement (Ciena Corp)

Improvements; Alterations. (a) Lessee may, at any time Improvements and from time alterations to time during the Term, erect, maintain, (i) Lessee bears the cost of any such work; (ii) Lessor must Premises shall be notified of the time for beginning and the general nature of any such work, other than routine maintenance of existing buildings installed or improvements, made at the time the work begins; and (iii) The conditions expense of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased 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 Tenant only in accordance with the approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering 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 proposed addition or alteration have been first submitted to and approved by Lessor. (ii) Lessor will promptly review and approve all plans submitted by Lessee or will note in writing any required changes or corrections that must be made Building; provided, however, notwithstanding anything to the plans. Any required changes or corrections must be madecontrary contained herein, and Tenant shall have the plans resubmitted to Lessor. Lessor’s failure to request changes to or object to any submitted or resubmitted plans within 30 days of receipt constitutes Lessorright without Landlord’s approval of the plans. Minor changes in work to make interior, non-structural alterations or materials not affecting the general character of the project may be made at any time without Lessor’s approval. improvements (iii) The following items that do not require submission to, and 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 unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed outside of the Building or do not alter the Building systems) in 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 Lessee inor 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, onsuch supplemental HVAC equipment is installed in accordance with any applicable codes and such supplemental HVAC equipment does not exceed Building system capacities. 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 Building without the prior written consent of Landlord, in Landlord’s sole discretion. Obligations and ownership of alterations, additions, or improvements at surrender shall be governed by Section 21. 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 Leased Premisesadequacy or sufficiency of such drawings, Lessee will act 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 a principal and not as required hereunder. Notwithstanding anything in this Lease to the agent of Lessorcontrary, and Lessor expressly disclaims any liability Tenant shall be responsible for the cost of labor performed by Lessee or material furnished all work required to Lessee. Lessee will pay promptly when due comply with 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 retrofit requirements of the Leased Premises or against Lessee's leasehold interest (excluding 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 leasehold mortgage) in the land or any buildings or improvements on the Leased Premises by reason of any workinstallations, labor, servicesadditions, or materials supplied alterations made in 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request ofof or by Tenant or by ▇▇▇▇▇▇’s 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 in the Premises or upon in other areas of the order of, or Building. This Section 8.a. shall not apply to discharge the obligation of LesseeTenant Improvements which shall be governed by and paid for as provided in Exhibit H-1 and H-2.

Appears in 1 contract

Sources: Lease Agreement (PQ Group Holdings Inc.)

Improvements; Alterations. Improvements to the 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, which approval shall not be unreasonably withheld or delayed. After the initial Tenant improvements are made, no alterations or physical additions in or to the Premises may be made without Landlord's prior written consent. Landlord agrees not to unreasonably withhold or delay its consent with respect to non-structural alterations which do not affect the Building systems and are not visible from the exterior of the Premises. 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. Landlord agrees not to unreasonably withhold or delay its consent with respect to such items that are not visible from the exterior of the Premises. All alterations, additions, or improvements (awhether temporary or permanent in character, and including without limitation all air-conditioning equipment and all other equipment that is in any manner connected to the Building's plumbing system) Lessee maymade 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. Approval by Landlord of any time 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, with respect to the Premises Tenant shall be responsible for complying with 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 during (collectively, the Term, erect, maintain, (i) Lessee bears "ADA"). Landlord shall be responsible for complying with the cost of any such work; (ii) Lessor must be notified ADA with respect to the common areas 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 conditions of Section 3.03(b) concerning Lessor’s approving plans must be followedBuilding. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased 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 material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by Lessor. (ii) Lessor 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, and the plans resubmitted to Lessor. 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. 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 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 unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lessee.

Appears in 1 contract

Sources: Service Agreement (American Physician Partners Inc)

Improvements; Alterations. Except as described in Exhibit D attached hereto or as hereafter provided: (a) Lessee mayimprovements to the Premises shall be installed at Tenant’s expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, at any time and from time to time during which approval shall be governed by the Term, erect, maintain, (iprovisions set forth in this Section 8(a) 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 conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessorno alterations or physical additions in or to the Premises may be made without Landlord’s approving constructionprior written consent; and (c) 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 alterations improvements shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws; Landlord’s consent to or approval of buildings any alterations, additions or other improvements on (or the Leased Premises: 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 herein to the contrary, (i) No building or other improvement may be constructed on Tenant shall have the Leased right to make alterations to the Premises unless without obtaining Landlord’s prior consent provided that the plans, specificationscost 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 proposed location such alterations do not 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 other improvement have received Lessor’s written approval and Building, (3) the building or other improvement complies with the approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior appearance of the proposed addition Building’s common areas, or alteration have been first submitted (4) the provision of services to other Building occupants: and approved by Lessor. (ii) Lessor will promptly review and approve all plans submitted by Lessee or will note in writing any Landlord’s consent shall not be required with respect to minor cosmetic changes or corrections that must be made to the plans. Any required changes or corrections must be made, and the plans resubmitted to Lessor. Lessor’s failure to request changes to or object to any submitted or resubmitted plans within 30 days of receipt constitutes Lessor’s approval interior of the plansPremises (such as changing carpets floor coverings, wall coverings and paint). Minor changes in work To the extent applicable, Tenant shall provide Landlord with final as-built plans detailing any alterations 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 toadditions installed by Tenant, and 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 unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 on the Leased Premises by reason of any work, 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 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 account of Lessee, irrespective regardless 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of LesseeLandlord’s prior consent was required.

Appears in 1 contract

Sources: Lease Agreement (Orthofix Medical Inc.)

Improvements; Alterations. Any alterations, additions, deletions, modifications or utility installations in, of or to the improvements contained within the Premises (collectively, "ALTERATIONS") shall be installed at Tenant's expense and only in accordance with detailed plans and 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 (a) Lessee may, at any time Landlord's prior written consent and (b) compliance with such nondiscriminatory requirements and construction regulations concerning such Alterations as Landlord may impose from time to time. Landlord will not be deemed to unreasonably withhold its consent to any Alteration that violates Regulations, may affect or be incompatible with the Building's structure or its HVAC, plumbing, telecommunications, elevator, life-safety, electrical, mechanical or other basic systems, or the appearance of the interior common areas or exterior of the Project, 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 (5) 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 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, erect(ii) be constructed, maintain, 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 (iiii) Lessee bears 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 such work; (ii) Lessor must be notified Alteration made or initiated by Tenant or the removal thereof shall cause, trigger or result in any portion of the time for beginning Project outside of the Premises, any portion of the Building's shell and core improvements (including restrooms, if any) within the general nature 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 work, other than routine maintenance and any actual costs of existing buildings or improvementssuch 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 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. Notwithstanding anything to the contrary contained in this Paragraph 7.1, at the time Landlord gives its consent for any Alterations after the work begins; and (iii) The conditions of Section 3.03(b) concerning Lessor’s approving plans must initial Tenant Improvements, Tenant shall also be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased 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 material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by Lessor. (ii) Lessor 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, and the plans resubmitted to Lessor. 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. 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 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 unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 on the Leased Premises by reason of any work, 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 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 account of Lessee, irrespective of notified whether or not Landlord will require that such lien is valid or enforceable. In no event will Lessor or any of Lessor's property Alterations be liable for or chargeable with any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or removed upon the order ofexpiration 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, or to discharge the obligation of Lesseeit shall be assumed that Landlord will not require their removal.

Appears in 1 contract

Sources: Office Lease (Intraware Inc)

Improvements; Alterations. Except as otherwise provided in Exhibit D attached hereto, improvements to the Premises shall be installed at Tenant's expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. 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 affect the Building's Structure or its HVAC, plumbing, electrical, or mechanical systems. 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. All alterations, additions, or improvements made in or upon the Premises shall, at Landlord's option, shall either be removed by Tenant prior to the end of the Term (aand Tenant shall repair all damage caused thereby) Lessee may(exercised by notice to Tenant given (i) at the time Tenant requests consent to such alterations, additions or improvements, or (ii) at any time and from time if consent to time during such alterations, additions or improvements was required but not obtained), or shall remain on the Term, erect, maintain, (i) Lessee bears Premises at the cost of any such work; (ii) Lessor must be notified end 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 conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving constructionTerm without compensation to Tenant. All alterations, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may shall be constructed on the Leased Premises unless the plansconstructed, specificationsmaintained, and proposed location used by Tenant, at its risk and expense, in accordance with all laws; Landlord's approval 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 material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition therefor shall not be a representation by Landlord that such alterations, additions, or alteration have been first submitted to and approved by Lessor. (ii) Lessor will promptly review and approve all plans submitted by Lessee or will note in writing improvements comply with any required changes or corrections that must be made Law. Notwithstanding anything to the plans. Any contrary set forth in this Section 8.1, although fifteen (15) days advance written notice to Landlord is required, Landlord's consent shall not be required changes for any alterations, improvements or corrections must be madephysical additions proposed by Tenant that (a) will cost less than Ten Thousand Dollars ($10,000.00) per year over the Lease term to construct, (b) are non-structural and the plans resubmitted to Lessor. 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. 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 affect the Building's Structure or its HVAC, plumbing, telecommunications, elevator, life-safety, electrical, mechanical or other basic systems or require submission toa building permit, and 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 unreasonably withhold its approval result in changes to the Premises or Building that are visible from the outside of any items required by this Section 3.03. the Building, and (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, or to Tenant removes same from the Leased Premises, Lessee will act as a principal and not as Premises at 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 end of the Leased Premises or against Lessee's leasehold interest (excluding any leasehold mortgage) in the land or any buildings or improvements on the Leased Premises Term if then requested by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of LesseeLandlord.

Appears in 1 contract

Sources: Lease Agreement (Beyond Com Corp)

Improvements; Alterations. Improvements to the Premises shall be installed at Tenant's expense 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 (a) Lessee may"HVAC"), at any time and plumbing, electrical, or mechanical systems. Notwithstanding the foregoing, Tenant may from time to time during make alterations, additions or improvements to the TermPremises, erectwithout the consent of Landlord and without Landlord's approval of plans, maintain, provided: (i) Lessee bears 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 such work; 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) Lessor must be notified 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 time for beginning 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 general nature 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 workalterations, other than routine maintenance additions or improvements upon such removal; otherwise, in the absence of existing buildings such a removal condition with respect to each and every alteration, addition or improvementsimprovement, all such alterations, additions or improvements (excluding moveable partitions and Tenant's trade fixtures and personal property) shall remain on the Premises at the time end of the work begins; and (iii) The conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving constructionTerm without compensation to Tenant. All alterations, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may shall be constructed on the Leased Premises unless the plansconstructed, specificationsmaintained, and proposed location used by Tenant, at its risk and expense, in accordance with all Laws; Landlord's approval 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 material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition therefor shall not be a representation by Landlord that such alterations, additions, or alteration have been first submitted to and approved by Lessor. (ii) Lessor 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, and the plans resubmitted to Lessor. 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. 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 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 requirementsany Law. (c) Lessor will not unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lessee.

Appears in 1 contract

Sources: Lease Agreement (Sycamore Networks Inc)

Improvements; Alterations. (a) Lessee may, at any time and from time to time during With the Term, erect, maintain, (i) Lessee bears the cost of any such work; (ii) Lessor must be notified exception of the time for beginning and the general nature of any such workinitial Tenant Improvements described in Exhibit D attached hereto, other than routine maintenance of existing buildings or all alterations, improvements, betterments and other physical additions in or to the Premises (collectively, “Alterations”) shall be installed at the time the work begins; and (iii) The conditions of Section 3.03(b) concerning LessorTenant’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased 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 expense only in accordance with the approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration that have been first previously submitted to and approved by Lessor. Landlord, which approval shall be governed by the provisions set forth in this Section 8(a), and otherwise in accordance with the provisions hereof, except with respect to the Tenant Improvements (as defined in the Tenant Work Letter attached hereto as Exhibit D), which shall be governed by the terms and conditions thereof, and Cables (as defined below), which shall be installed, maintained, replaced and removed in accordance with the terms and conditions of Section 25 below. Except as provided in this Lease, no Alterations may be made without Landlord’s prior written consent to such Alterations and the plans and specifications, and the construction means and methods, therefor, which shall not be unreasonably withheld, conditioned 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 Common Areas or elevator lobby areas, or (4) provision of services to other occupants of the Building. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) Business Days’ notice to Landlord, but without Landlord’s prior consent, to the extent that such Alterations do not (i) adversely affect the systems and equipment of the Building, exterior appearance of the Building, or structural aspects of the Building, (ii) Lessor will promptly review adversely affect the value of the Premises or Building, (iii) require a building or construction permit, or (iv) cost more than Thirty Thousand and approve 00/100 Dollars ($30,000.00) for a particular job of work. If Landlord consents to Alterations, Landlord may impose such conditions with respect thereto as are reasonably appropriate, including (A) requiring Tenant to furnish (i) Landlord with security for the payment of all costs to be incurred in connection with such work, (ii) insurance against liabilities that may arise out of such work, and (iii) plans submitted by Lessee and specifications, and permits for such work, and (B) requiring Tenant to remove any and all such Alterations (including fixtures) in or will note to the Premises prior to the expiration or earlier termination of this Lease at Tenant’s sole cost and expense provided, however, that if Landlord intends to require Tenant to remove any or all Alterations as described herein, Landlord shall so notify Tenant at the same time that Landlord consents to the Alterations. Tenant’s plans and specifications and construction means and methods shall be subject to Landlord’s written approval. In the event that, at the time Tenant requests Landlord's consent to any Alteration, Tenant also requests in writing a determination of whether Landlord will require restoration and/or removal of the particular Alterations or portions thereof for which consent is being requested upon expiration or any earlier termination of this Lease, Landlord shall so notify Tenant along with Landlord's consent (if such consent is given). Furthermore, with respect to all other Alterations for which Tenant did not seek Landlord’s determination regarding removal as set forth in the immediately preceding sentence, such Alterations shall be subject to removal and restoration in accordance with the provisions of Section 20(b) below. Tenant shall furnish to Landlord any documents and information requested by Landlord in connection with the exercise of its rights hereunder. Landlord may hire outside consultants to review such documents and information furnished to Landlord and Tenant shall reimburse Landlord for the reasonable cost thereof, including reasonable attorneys’ fees, within thirty (30) days after receipt from Landlord of an invoice therefor, together with reasonable supporting evidence. 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 reasonable discretion. All Alterations shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws, the Underlying Documents and the Landlord’s then current contractor rules and regulations; Landlord’s consent to or approval of any Alterations (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 or with the Underlying Documents, and Tenant shall be solely responsible for ensuring all such compliance. If, as a result of Tenant’s use of the Premises or the making of any Alterations to the Premises and/or installation of any Tenant Improvements pursuant to this Section 8(a), Section 25 below, or the Tenant Work Letter, respectively, any other alterations, improvements, betterments or other physical additions shall be required changes or corrections that must to be made to the plans. Any required changes or corrections must be made, and the plans resubmitted to Lessor. Lessor’s failure to request changes to or object to any submitted or resubmitted plans within 30 days of receipt constitutes Lessor’s approval part of the plans. Minor changes in work Premises 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 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, Project to comply with legal requirements. the requirements of any applicable Law, including the requirements of the Disabilities Act (c) Lessor as defined below), the Occupational Safety & Health Administration (OSHA), or the orders or requirements imposed by any health officer, fire marshal or building inspector, or the Underlying Documents, Tenant shall be solely responsible for the costs incurred to effect such compliance. If the required alteration, improvement, betterment or other physical addition will not unreasonably withhold its approval affect the Building’s Structure or the Building’s Systems, Tenant shall perform such work subject to this Section 8(a). If the required alteration, improvement, betterment or other physical addition will affect the Building’s Structure or the Building’s Systems, Landlord shall have the right to perform such work and Tenant shall reimburse Landlord in an amount equal to Landlord’s costs plus five percent (5%) for overhead, which shall be payable within thirty (30) days of Landlord’s receipt of any items required by this Section 3.03invoice therefor, together with reasonable supporting evidence. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lessee.

Appears in 1 contract

Sources: Lease Agreement (Hipcricket, Inc.)

Improvements; Alterations. (a) Lessee mayNo improvements or alterations in or upon the Premises, at any time and from time to time during the Termincluding not by limitation paint, erectwall coverings, 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 workfloor coverings, other than routine maintenance of existing buildings light fixtures, window treatments, signs, advertising, or improvements, at the time the work begins; and (iii) The conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings promotional lettering or other improvements on the Leased Premises: (i) No building media, shall be installed or other improvement may be constructed on the Leased 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 made by Tenant except in accordance with the approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration which have been first previously submitted to and approved in writing by Lessor. Landlord, which approval shall not be unreasonably withheld or delayed except that Landlord may withhold approval of any improvements or alterations which it determines, in its sole opinion, will materially and adversely affect any structural or aesthetic (only to the extent visible from outside the Premises or common areas) aspect of the Building or Building Systems. All improvements and alterations (whether temporary or permanent in character) made in or upon the Premises, either by Landlord or Tenant, shall (i) comply with all applicable laws, ordinances, rules and regulations, and (ii) Lessor will promptly review be Landlord’s property at the end of the Term and approve shall remain on the Premises without compensation to Tenant unless prior to installation, Tenant provides Landlord with written notice of all items which may be removed by Tenant and Landlord consents to such removal in advance. Such consent shall not be unreasonably withheld provided Landlord may condition such consent as it deems reasonably necessary including not by limitation requiring Tenant to replace any items upon removal with similar items comparable to any such items in the Building or, if not applicable, then Comparable Buildings. Approval by Landlord of any of Tenant’s drawings and plans submitted by Lessee and specifications prepared in connection with any improvements in the Premises shall not constitute a representation or will note in writing any required changes or corrections that must be made warranty of Landlord as to the plansadequacy 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. Any required changes or corrections must be madeLandlord warrants and agrees that it shall complete the Building Shell Construction in compliance with all then applicable governmental laws, rules and regulations, including not by limitation the Americans with Disabilities Act (“ADA”) and the plans resubmitted to Lessor. Lessor’s failure to request changes to or object to any submitted or resubmitted plans within 30 days of receipt constitutes Lessor’s approval Texas Accessibility Standards (TAS) Article 9102, Texas Civil Statutes, The Administrative Rules of the plansTexas Department of Licensing and Regulation. Minor changes Thereafter, notwithstanding anything in work or materials not affecting this Lease to the general character of contrary, Tenant shall be responsible for all costs incurred to cause the project may be made at any time without Lessor’s approval. (iii) The following items do not require submission to, and 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, Premises to comply with legal requirements. (c) Lessor will any such laws, rules or regulations, including not unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, or to limitation 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 retrofit requirements of the Leased Premises or against Lessee's leasehold interest (excluding any leasehold mortgage) in the land or any buildings or improvements on the Leased Premises by reason of any workADA and TAS, 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 indemnify and hold Lessor harmless from and against and will cause to as may 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lesseeamended.

Appears in 1 contract

Sources: Lease Agreement (Realpage Inc)

Improvements; Alterations. (a) Lessee mayNo improvements or alterations in or upon the Premises, at any time and from time to time during the Termincluding not by limitation paint, erectwall coverings, 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 workfloor coverings, other than routine maintenance of existing buildings light fixtures, window treatments, signs, advertising, or improvements, at the time the work begins; and (iii) The conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings promotional lettering or other improvements on the Leased Premises: (i) No building media, shall be installed or other improvement may be constructed on the Leased 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 made by Tenant except in accordance with the approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration which have been first previously submitted to and approved in writing by Lessor. Landlord, which approval shall not be unreasonably withheld or delayed except that Landlord may withhold approval of any improvements or alterations which it determines, in its sole opinion, will materially and adversely affect any structural or aesthetic (only to the extent visible from outside the Premises or common areas) aspect of the Building or Building Systems. All improvements and alterations (whether temporary or permanent in character) made in or upon the Premises, either by Landlord or Tenant, shall (i) comply with all applicable laws, ordinances, rules and regulations, and (ii) Lessor will promptly review be Landlord’s property at the end of the Term and approve shall remain on the Premises without compensation to Tenant unless prior to installation, Tenant provides Landlord with written notice of all items which may be removed by Tenant and Landlord consents to such removal in advance. Such consent shall not be unreasonably withheld provided Landlord may condition such consent as it deems reasonably necessary including not by limitation requiring Tenant to replace any items upon removal with similar items comparable to any such items in the Building or, if not applicable, then Comparable Buildings. Approval by Landlord of any of Tenant’s drawings and plans submitted by Lessee and specifications prepared in connection with any improvements in the Premises shall not constitute a representation or will note in writing any required changes or corrections that must be made warranty of Landlord as to the plansadequacy 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. Any required changes or corrections must be madeLandlord warrants and agrees that it shall complete the Building Shell Construction in compliance with all then applicable governmental laws, rules and regulations, including not by limitation the plans resubmitted to Lessor. Lessor’s failure to request changes to or object to any submitted or resubmitted plans within 30 days of receipt constitutes Lessor’s approval Texas Accessibility Standards (TAS) Article 9102, Texas Civil Statutes, The Administrative Rules of the plansTexas Department of Licensing and Regulation. Minor changes Thereafter, notwithstanding anything in work or materials not affecting this Lease to the general character of contrary, Tenant shall be responsible for all costs incurred to cause the project may be made at any time without Lessor’s approval. (iii) The following items do not require submission to, and 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, Premises to comply with legal requirementsany such laws, rules or regulations, including not by limitation the retrofit requirements of TAS, as may be amended. (c) Lessor will not unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lessee.

Appears in 1 contract

Sources: Lease Agreement (ReachLocal Inc)

Improvements; Alterations. (a) Lessee may6.1 Tenant, at its sole cost and expense, shall perform its obligations with respect to design and construction of any time improvements to be constructed and installed in the Premises (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) with due diligence, in a good and workmanlike manner; (ii) in compliance with plans and specifications reasonably approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time during for the Building; (iv) in accordance with all applicable 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, erectas approved by Landlord in writing, maintain, (i) Lessee bears subject to Landlord’s repair obligations set forth in Section 7 below. If any work outside the cost of Premises, or any such work; (ii) Lessor must be notified work on or adjustment to any of the time for beginning and the general nature Building Systems, is required in connection with or as a direct result of any such Tenant’s work, other than routine maintenance of existing buildings such work shall be performed at Tenant’s expense by contractors approved by Landlord. Landlord’s right to review and approve (or improvementswithhold approval of) Tenant’s plans, at the time the work begins; and (iii) The conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased Premises unless the plansdrawings, specifications, contractors and other aspects of construction work proposed location 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 building or other improvement have received Lessorrealty and be the property of Landlord. 6.2 Before making any Alterations, Tenant shall submit to Landlord for Landlord’s written prior approval and the building or other improvement complies with the approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure erected on the Leased Premises may be begun until reasonably detailed final plans and specifications covering the exterior prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed addition or alteration have been first submitted by Tenant to make the Alterations and approved by Lessora 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. (ii) Lessor 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 6.3 Tenant shall keep the plans. Any required changes or corrections must be made, Premises and the plans resubmitted to Lessor. Lessor’s failure to request changes to or object to any submitted or resubmitted plans within 30 days Property free and clear of receipt constitutes Lessor’s approval of the 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 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 unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 all liens arising out of any work affecting performed, materials furnished or obligations incurred by Tenant when performing any work in or upon the Leased Premises done by including Alterations and Tenant Improvements. If any such lien attaches to the Premises or for the account of Lessee so that the Leased Premises will at all times be free of liens for labor Property, and materials. Lessee will Tenant does not cause or permit any mechanics' liens or other liens the same 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 on the Leased Premises by reason of any work, 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 indemnify and hold Lessor harmless from and against and will cause to be discharged of record forthwith (released by payment, bondbonding or otherwise within thirty (30) days after Tenant receives actual knowledge of the attachment thereof, order of court of competent jurisdictionthen, or otherwiseLandlord shall have the right but not the obligation to cause the same to be released, and any sums reasonably expended by Landlord in connection therewith shall be payable by Tenant ten (10) any mechanic's, materialman's or other lien days after written demand with interest thereon from the date which may at any time be filed, claimed or asserted against is the Leased Premises or any part thereof or interest therein arising out of work done by or for the 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made 11th day after Landlord’s notice at the request of, or upon Interest Rate (as defined in Section 16.2—Interest). Tenant shall give Landlord reasonable notice prior to the order of, or commencement of any Alterations and reasonably cooperate with Landlord in posting and maintaining notices of non-responsibility in connection therewith. 6.4 Subject to discharge the obligation provisions of Lessee.Section 5—

Appears in 1 contract

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

Improvements; Alterations. Improvements to the Premises shall be installed at Tenant’s expense 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 (ain the reasonable discretion of Landlord) Lessee maythe (1) Building’s Structure or the Building’s Systems (including the Building’s restrooms or mechanical rooms), at any time and from time to time during or (2) exterior appearance of the TermBuilding. Tenant shall not paint or install lighting or decorations, erectsigns, maintain, (i) Lessee bears the cost window or door lettering, or advertising media of any such work; (ii) Lessor must be notified type visible from the exterior of the time for beginning Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld and which installation shall be subject to Tenant obtaining approval of all applicable governmental authorities and compliance with any covenants, conditions and restrictions affecting 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 conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving constructionProject. All alterations, additions, and alterations improvements shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws; Landlord’s consent to or approval of buildings any alterations, additions or other improvements on (or the Leased Premises: 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 the foregoing, Landlord’s consent shall not be required for improvements if (i) No building such improvements do not adversely affect the Building’s Structure or other improvement may be constructed on the Leased Premises unless the plansBuilding’s Systems, 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 material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering (ii) are not visible from the exterior of the proposed addition or alteration have been first submitted to and approved by Lessor. (ii) Lessor 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 madePremises, and the plans resubmitted to Lessor. 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. 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 the cost of such improvements does not exceed $50,000.00 in the aggregate; and (iv) Tenant provides Landlord at least 10 days’ prior written notice of its intent to make such improvements together with plans and specifications for the same. All improvements shall comply with Laws and shall be made in good, workmanlike and lien-free manner. If (a) Landlord shall fail to grant or withhold its consent to improvements requiring the consent of Landlord within 15 business days following items do not require submission toTenant’s written request for consent, (b) Tenant thereafter again requests in writing Landlord’s consent of the proposed improvements which request shall indicate that Landlord’s consent shall be deemed granted if Landlord fails to respond, and 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 unreasonably withhold Landlord fails to notify Tenant in writing of Landlord’s granting or withholding of consent to the proposed improvements within five (5) business days following Tenant’s second request, Landlord’s consent shall be deemed granted. Landlord shall specify in reasonable detail the basis for the withholding of its approval of consent to any items required by this Section 3.03. (d) proposed improvements. With respect to any contract proposed improvements, Tenant may, concurrently with Tenant’s request for work performed by Lessee approval or caused Tenant’s notice to Landlord of Tenant’s intent to make such improvements, request that Landlord notify Tenant if such improvements are to be performed removed by Lessee in, on, Tenant at the expiration or earlier termination of this Lease. Tenant’s notice to the Leased Premises, Lessee will act Landlord shall indicate that Landlord’s failure to notify Tenant within fifteen (15) business days following Tenant’s request as a principal and to whether such improvements are to be so removed shall be deemed Landlord’s agreement that such improvements need not as the agent of Lessorbe so removed, and Lessor expressly disclaims any liability for the cost of labor performed by Lessee or material furnished if Landlord fails 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 notify Tenant within said fifteen (15) business day period, Landlord shall 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 on the Leased Premises by reason of any work, labor, services, or materials supplied or claimed deemed to have been supplied to Lessee or anyone holding the Leased Premises or any part of them through or under Lessee. Lessee agrees to indemnify and hold Lessor harmless from and against and will cause to agreed that such improvements need not 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lesseeso removed.

Appears in 1 contract

Sources: Lease Agreement (Earthlink Inc)

Improvements; Alterations. (a) Lessee mayImprovements to the Premises shall be installed at Tenant's expense only except for Landlord's allowance above in accordance with plans and specifications which have been previously submitted to, and approved in writing by, Lanlord. 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 affect the Building's structure or its HVAC, plumbing, electrical, or mechanical systems. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type which would affect the appearance of the exterior of the Building or of any common areas of the Building without the prior written consent of Landlord, which shall not be unreasonably withheld, or delayed. All alterations, additions, or improvements made in or upon the Premises shall, at any 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 and from time to time during the Term, erect, maintain, (i) Lessee bears the cost of any such work; (ii) Lessor must be notified approval whether Landlord will require Tenant to remove such improvements at the end 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 conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving constructionTerm. All alterations, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may shall be constructed on the Leased Premises unless the plansconstructed, specificationsmaintained, and proposed location used by Tenant, at its risk and expense, in accordance with all Laws; Landlord's approval 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 material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition therefor shall not be a representation by Landlord that such alterations, additions, or alteration have been first submitted improvements comply with any Law. Notwithstanding any other provision in this Section, Tenant shall be entitled to and approved by Lessor. (ii) Lessor will promptly review and approve all plans submitted by Lessee make nonstructural, cosmetic alterations or will note in writing any required changes or corrections that must be made improvements to the plans. Any required changes Premises without Landlord's consent or corrections must be madeapproval; provided however, and the plans resubmitted to Lessor. Lessor’s failure to request changes to any alterations or object to improvements exceeding an aggregate value of $25,000 in any submitted or resubmitted plans within 30 days of receipt constitutes Lessor’s approval of the plans. Minor changes in work or materials not affecting the general character of the project may be made at any time without Lessor’s calendar year shall require Landlord's approval. (iii) The following items do not require submission to, and 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 unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lessee.

Appears in 1 contract

Sources: Sublease (Paypal Inc)

Improvements; Alterations. (a) Lessee mayshall not make or permit any alterations or improvements to the Premises weaken the structural strength, at any time and from time to time during lessen the Termvalue of, erect, maintain, (i) Lessee bears or change 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 conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased Premises unless the plans, specifications, and proposed location architectural appearance of the building or other improvement have received Lessor’s written approval and the building or other improvement complies construction except with the approved plansprior written consent of ▇▇▇▇▇▇. Lessor may, specificationsas a further condition to giving consent thereto, require Lessee to post bond with ▇▇▇▇▇▇ in the sum equal to estimated cost of said alteration, addition, or improvements securing the Lessor against loss, claim or leans by reason of the installation thereof. All alterations, additions, or improvements to the Premises shall be done in a workmanlike manner and proposed locationshall remain for the benefit of the Lessor. No material addition to or alteration Lessee shall give Lessor written notice at least ten (10) days in advance of the commencement of any building alteration, addition or structure erected 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 Leased Premises may be begun until plans Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and specifications covering the exterior of the proposed addition identifiable costs (by invoice or alteration have been first submitted to and approved by Lessor. (iiotherwise) Lessor 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, and the plans resubmitted to Lessor. Lessor’s failure to request changes to or object to any submitted or resubmitted plans is due within 30 days of receipt constitutes Lessor’s approval ▇▇▇▇▇▇'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 plans. Minor changes other insurance matters described in work or materials not affecting the general character said Paragraph 22 of the project may be made at any time without Lessor’s approvalthis Lease. (iiic) The following items do not require submission to, All construction shall be conducted under the direct supervision of ▇▇▇▇▇▇. Lessor will comply with all laws and approval, by Lessor: 1. Minor repairs and alternations necessary regulations applicable 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 such improvements, including but not limited to comply with legal requirementsbuilding codes, fire codes, handicapped access and other federal, state and local laws. (c) Lessor will not unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lessee.

Appears in 1 contract

Sources: Lease Agreement

Improvements; Alterations. Tenant's final MENTS; ------------------------- ALTERATIONS; improvements as depicted in the plans (athe "Final REPAIRS; Plans") Lessee mayto be approved by Landlord and Tenant, at any time and from time such MAINTENANCE approval not to time during be unreasonably withheld, shall be completed by Tenant; provided, however, that the Term, erect, maintain, (i) Lessee bears Fixed Construction allowance shall be paid to Tenant upon completion of its leasehold improvements as provided in Exhibit D attached hereto. Improvements to the cost of any such work; (ii) Lessor must Premises shall be notified of the time for beginning and the general nature of any such work, other than routine maintenance of existing buildings or improvements, installed at the time the work begins; and (iii) The conditions expense of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased 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 Tenant only in accordance with the approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration which have been first previously submitted to and approved by Lessor. (ii) Lessor will promptly review and approve all plans submitted by Lessee or will note in writing any required changes by Landlord. After the initial Tenant improvements are made, no material alterations or corrections that must be made physical additions in or to the plans. Any required changes or corrections must be made, and the plans resubmitted to Lessor. 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. Minor changes in work or materials not affecting the general character of the project Premises may be made at without Landlord's prior written consent. Tenant shall not install signs, window or door lettering, or advertising media of any time type on or about the Premises without Lessor’s approval. the prior written consent of Landlord. All alterations, additions, or improvements (iii) The following items do not require submission towhether temporary or permanent in character, and approvalincluding without limitation all air-conditioning equipment and all other equipment that is in any manner connected to the Building's plumbing system) made in or upon the Premises, either by Lessor: 1Landlord 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. Minor repairs Approval by Landlord of any of Tenant's drawings and alternations necessary to maintain existing structures plans and specifications prepared in connection with any improvements in the Premises shall not constitute a useful state representation or warranty of repair Landlord as to the adequacy or sufficiency of such drawings, plans 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 unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, onspecifications, 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 Leased Premisescontrary, Lessee will act as a principal and not as the agent of Lessor, and Lessor expressly disclaims any liability Tenant shall be responsible for the cost of labor performed by Lessee or material furnished all work required to Lessee. Lessee will pay promptly when due bring 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 interior of the Leased Premises or against Lessee's leasehold interest (excluding 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 leasehold mortgage) in the land or any buildings or improvements on the Leased Premises by reason of any workinstallations, labor, servicesadditions, or materials supplied alterations made in 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request ofof or by Tenant or by Tenant's 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 in the Premises (including the Work described in Exhibit D) or upon in other areas of the order of, or to discharge the obligation of LesseeBuilding.

Appears in 1 contract

Sources: Lease Agreement (Intira Corp)

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 conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving constructionAny alterations, additions, deletions, modifications or utility installations in, of or to the improvements contained within the Premises (collectively, "ALTERATIONS") shall be installed at Tenant's expense and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased Premises unless the plans, only in accordance with detailed plans and 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, specificationsconstruction methods, and proposed location. No material addition to or alteration all appropriate permits and licenses, all of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration which have been first previously submitted to and approved in writing by Lessor. Landlord, and by a professionally qualified and licensed contractor and subcontractors approved by Landlord. No Alterations in or to the Premises may be made without (a) Landlord's prior written consent and (b) compliance with such nondiscriminatory requirements and construction regulations concerning such Alterations as Landlord may impose from time to time. Landlord will not be deemed to unreasonably withhold its consent to any Alteration that violates Regulations (hereinafter defined), may affect or be incompatible with the Building's structure or its HVAC, plumbing, life-safety, electrical, mechanical or other basic systems, or the appearance of the Building. 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) Lessor will promptly review be constructed, maintained, insured and approve all plans submitted used by Lessee or will note Tenant, at its risk and expense, in writing any required changes or corrections that must be made to the plans. Any required changes or corrections must be madea first-class, good and workmanlike manner, and the plans resubmitted to Lessor. 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. Minor changes in work or materials not affecting the general character of the project may be made at any time without Lessor’s approval. accordance with all Regulations (hereinafter defined), and (iii) The following items do not require submission to, and approval, by Lessor: 1shall be subject to payment of Landlord's standard alterations supervision fee. 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. At least ten (c10) Lessor will not unreasonably withhold its approval days before beginning construction of any items required by this Section 3.03. (d) With respect Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to any contract for work performed by Lessee or caused permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall causes timely notice of completion to be performed by Lessee in, on, or to recorded in 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 office of the Leased Premises or against Lessee's leasehold interest (excluding any leasehold mortgage) recorder of the county in which the land or any buildings or improvements on the Leased Premises by reason of any work, 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 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 account of Lessee, irrespective of whether or not such lien Building is valid or enforceable. In no event will Lessor or any of Lessor's property be liable for or chargeable with any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lesseelocated.

Appears in 1 contract

Sources: Industrial Lease (Sitesmith Inc)

Improvements; Alterations. Improvements to the Premises shall be installed at Tenant’s expense 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 8.1. No alterations or physical additions in or to the Premises (including the installation of systems furniture or other equipment or personal property that affects or otherwise connects to the Building’s Systems) 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 (a) Lessee mayadversely affect (in the reasonable discretion of Landlord) the Building’s Structure or the Building’s Systems (including the Project’s restrooms or mechanical rooms), 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 conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessoraffect (in the sole discretion of Landlord) the (1) exterior appearance of the Project, (2) appearance of the Project’s approving constructioncommon areas or elevator lobby areas, (3) quiet enjoyment of other tenants or occupants of the Project, or (4) provision of services to other occupants of the Project. To the extent that Landlord grants Tenant the right to use areas within the Project, whether pursuant to the terms of this Lease or through plans and specifications subsequently approved by Landlord (and without implying that Landlord shall grant any such approvals), (A) in no event may Tenant use more than its Proportionate Share of the areas within the Building or utility capacity made available by Landlord for general tenant usage for Tenant’s installations and operations in the Premises (including chilled water, electricity, telecommunications room space, electrical room space, plenum space and riser space), and (B) Tenant shall comply with the provisions of this Section with respect to all such items, including Tenant’s Off- Premises Equipment. Further, Landlord may condition its consent to any alteration or addition on Tenant’s obtaining a letter of credit, bond or other form of security satisfactory to Landlord, in its sole discretion, to ensure Tenant’s compliance with its obligations hereunder. 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. All alterations, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may shall be constructed on the Leased Premises unless the plansconstructed, specificationsmaintained, and proposed location of the building or other improvement have received Lessorused by Tenant, at its risk and expense, in accordance with all Laws; Landlord’s written approval and the building or other improvement complies with the approved plans, specifications, and proposed location. No material addition consent to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by Lessor. (ii) Lessor 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, and the plans resubmitted to Lessor. 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. 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 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 unreasonably withhold its approval of any items required alterations, additions or improvements (or the plans therefor) shall not constitute a representation or warranty by this Section 3.03. (d) With respect to any contract for work performed by Lessee Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or caused to be performed by Lessee in, on, or to the Leased Premises, Lessee will act as a principal and not as the agent of Lessorwith all applicable Laws, and Lessor expressly disclaims any liability Tenant shall be solely responsible for the cost of labor performed by Lessee or material furnished to Lesseeensuring all such compliance. 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lessee.7 7272 Old Town

Appears in 1 contract

Sources: Lease Agreement (Signing Day Sports, Inc.)

Improvements; Alterations. Improvements to the Premises shall be installed at Tenant’s expense 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 (ain the reasonable discretion of Landlord) Lessee maythe (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. Provided Tenant gives Landlord at least 10 days’ prior notice, Landlord’s consent shall not be required for non-structural, interior cosmetic improvements costing less than $20,000 in the aggregate that do not affect the exterior appearance of the Building and do not require any permit or for interior painting or carpeting, provided however, at the expiration or earlier termination of this Lease, Tenant shall, at Landlord’s election, remove any time such improvements and restore the Premises to its prior condition. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type visible from time 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 sole cost and expense and subject to time during the Termobtaining all governmental permits and approvals therefor, erect, maintain, to install Tenant’s name (i) Lessee bears on the cost monument sign located in front of any such work; the Building, and (ii) Lessor must be notified on the Central Expressway and Hermosa Court sides of the time for beginning Building at locations to be mutually agreed upon by Landlord and Tenant, subject to obtaining all permits and approvals therefor and otherwise in accordance with all Laws and the provisions of this Lease. The size, shape, content, general nature appearance, design, materials, coloring and lettering of said signage shall be subject to Landlord’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 expiration or earlier termination of this Lease, or if Tenant is in default under this Lease, Tenant shall, at Tenant’s sole expense, remove Tenant’s signage and restore the Building and/or the Project to its original condition in connection with the removal of such signage. All of the provisions of this Lease with respect to Tenant’s Premises shall apply to Tenant’s installation, use, maintenance and removal of such signage, including without limitation, provisions relating to compliance with requirements as to insurance, indemnity, repairs and maintenance, and compliance with applicable Laws. The signage rights granted to Tenant are personal to the original Tenant signing this Lease and shall not inure to the benefit of any such workassignee, subtenant or other occupant, other than routine maintenance of existing buildings or improvements, at the time the work begins; and (iii) The conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving constructiona Permitted Assignee. All alterations, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may shall be constructed on the Leased Premises unless the plansconstructed, specificationsmaintained, and proposed location of the building or other improvement have received Lessorused by Tenant, at its risk and expense, in accordance with all Laws; Landlord’s written approval and the building or other improvement complies with the approved plans, specifications, and proposed location. No material addition consent to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by Lessor. (ii) Lessor 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, and the plans resubmitted to Lessor. 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. 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 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 unreasonably withhold its approval of any items required alterations, additions or improvements (or the plans therefor) shall not constitute a representation or warranty by this Section 3.03. (d) With respect to any contract for work performed by Lessee Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or caused to be performed by Lessee in, on, or to the Leased Premises, Lessee will act as a principal and not as the agent of Lessorwith all applicable Laws, and Lessor expressly disclaims any liability Tenant shall be solely responsible 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 ensuring 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lesseecompliance.

Appears in 1 contract

Sources: Lease Agreement (Ariba Inc)

Improvements; Alterations. Improvements to the Premises (aincluding any signage, antennas, or risers respecting the Building) 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 may be notified of the time for beginning and the general nature of any such work, other than routine maintenance of existing buildings or improvements, installed at the time the work begins; and (iii) The conditions expense of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased 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 Tenant only in accordance with the approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by Lessor. (ii) Lessor will promptly review and approve all plans submitted by Lessee or will note in writing any required changes or corrections that must be made by Landlord, prior to the planscommencement of any improvements. Any required changes No alterations or corrections must be made, and physical additions in or to the plans resubmitted to Lessor. 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. Minor changes in work or materials not affecting the general character of the project Premises may be made at without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall not be required to obtain Landlord’s consent for repainting, recarpeting, or other cosmetic alterations, tenant improvements, alterations or physical additions to the Premises which are cosmetic in nature totaling less than $25,000 in any time without Lessorsingle instance or series of related cosmetic alterations performed within a six-month period (provided that Tenant shall not perform any such cosmetic improvements, alterations or additions to the Premises in stages as a means to subvert or circumvent this provision). Tenant may, subject to applicable law and Landlord’s prior written approval. (iii) The following items do , not require submission toto be unreasonably withheld, conditioned or delayed, and approvalmanagement, by Lessor: 1install signage at the Premises, only as provided herein. 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 improvementsAll alterations, to comply with legal requirements. (c) Lessor will not unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, onadditions, or improvements (whether temporary or permanent in character, and including without limitation all air-conditioning and all other equipment that is in any manner connected 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 mortgageBuilding’s plumbing system) made in the land or any buildings or improvements on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order ofPremises, 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 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 discharge which they relate, for any use, purpose, or condition, but such approval shall merely be the obligation consent of LesseeLandlord as required hereunder.

Appears in 1 contract

Sources: Lease Agreement (Sonus Networks Inc)

Improvements; Alterations. (a) Lessee may, The Lessee/s shall not at any time make any alteration, internal or external, addition, improvement or other change, such as changes to structural/loadbearing walls or colour schemes, to the Property except with the prior written consent of the Lessor. 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 require the Lessee/s to provide plans, specifications or more information to evaluate the request. Should the Lessor give his consent to such improvements or alterations, the works shall be affected in accordance with the conditions laid down by the Lessor and respective authorities, and under 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, under any circumstances, alter the façade or the existing apertures of the Property. The installation of any air conditioners, or any other fixed appliances, by the Lessee/s must be authorised by the Lessor and must be maintained and/or services by 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 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 during 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 Termmeaning attributed by the Civil Code of Malta but shall also mean to include, erectbut shall not be limited to, maintain, (i) Lessee bears the cost 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 stage not satisfied with the cleanliness or hygiene of the Property, the Lessee/s shall be notified and shall remedy it forthwith. Repeated failure to do 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, all expenses incurred in connection with repair and maintenance, internal or external, which are imposed or ordered by the competent officials or by law, including such expenses as are necessary to render the Property fit for use as a residence, shall be borne solely and exclusively by the Lessor. The Lessee/s shall give timely notice to the 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 Property, unless such maintenances and repairs are the result of any such work; (ii) Lessor must be notified act or omission or negligence on the part of the time Lessee/s, or breach of any of its obligations at law or under this Agreement. 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 beginning and shall promptly pay all fees, deposits and charges, including use and/or connection fees and the general nature 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 workpayment 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, other than routine maintenance of existing buildings or improvements, the Lessor shall have the right to either pay the outstanding amount itself at the time Lessee/s expense, or to unilaterally order the work begins; and (iii) 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 conditions of Section 3.03(b) concerning Lessee/s recognises and agrees that the Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on right to suspend the Leased Premises: (i) No building or other improvement may be constructed on the Leased Premises unless the plans, specifications, and proposed location provision of the building or other improvement have received Lessor’s written approval services is a reasonable precaution to ensure that the Lessor does not sustain damages and the building or other improvement complies with the approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior charges as a consequence of the proposed addition or alteration have been first submitted to and approved by Lessor. (ii) Lessor 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, and the plans resubmitted to Lessor. LessorLessee’s failure to request changes to or object to promptly settle any submitted or resubmitted plans within 30 days of receipt constitutes Lessor’s approval of the planssuch dues. 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 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 unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 on the Leased Premises by reason of any work, 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 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 moment in time demand that the said utility services provided to the Property shall be filed, claimed or asserted against registered in the Leased Premises or any part thereof or interest therein arising out name of work done by or for the account of Lessee, irrespective of whether or not such lien is valid or enforceable. /s. In no event will shall the Lessor or any of Lessor's property be liable for damages or chargeable with otherwise for any expense interruption, reduction, disruption, curtailment or lien for workfailure in the supply, laborquality or character of electricity, water, or materials used 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 attributable to a fault on the part of the Lessor. Both Parties to this Agreement declare that the water and electricity meters of the 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 Leased Premises or 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 improvements or change thereof made at relevant documentation to the request ofrelevant authority dealing with the utility bills during the continuation of this Agreement, or upon failure to which shall enable the order of, or Lessor to discharge demand the obligation termination of Lesseethis Agreement.

Appears in 1 contract

Sources: Long Private Residential Lease

Improvements; Alterations. Any alterations, additions, deletions, modifications or utility installations in, of or to the improvements contained within the Premises as of the date hereof (collectively, "ALTERATIONS") shall be installed at Tenant's expense and only in accordance with reasonably detailed plans and specifications which have been previously submitted to and approved in writing by Landlord. No Alterations in or to the Premises may be made without (a) Lessee may, at any time Landlord's prior written consent and (b) compliance with such requirements concerning such Alterations as Landlord may impose from time to time during the Termtime, erect, maintain, including Landlord's right to charge a supervision fee equal to ten percent (i10%) Lessee bears of the cost of such Alterations. Landlord may withhold its consent in its sole discretion to any Alteration that may affect the Building's structure or its HVAC, plumbing, telecommunications, elevator, life-safety, electrical, mechanical or other basic systems or the exterior appearance of the Project. Tenant shall not paint or install any lighting, decoration, sign, window or door lettering, or advertising media of any type on or about the Premises or the Project without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed; however, Landlord may withhold its consent to any such work; installation which would affect the appearance of (iior be visible from) 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 conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased 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 material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition Building or alteration have been first submitted of any common areas of the Building. 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 approved by Lessor. 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 without compensation to Tenant and (ii) Lessor will promptly review be constructed, maintained, and approve used by Tenant, at its risk and expense, in accordance with all plans submitted by Lessee or will note in writing any required changes or corrections that must be made Laws and, to the plans. Any required changes or corrections must be madeextent applicable, and the plans resubmitted pursuant to Lessor. Lessor’s failure to request changes to or object to any submitted or resubmitted plans within 30 days a valid building certificate of receipt constitutes Lessor’s occupancy; Landlord's approval of the plansplans and specifications therefor shall not be a representation by Landlord that such Alterations comply with any Law. Minor changes In the event that any Alteration made or initiated by Tenant shall cause, trigger or result in work or materials not affecting the general character any portion of the project may be made at Project outside of the Premises or any time without Lessor’s approval. (iii) The following items do not require submission to, and approval, by Lessor: 1. Minor repairs and alternations necessary to maintain existing structures and improvements in a useful state Building system inside or outside of repair and operation; or 2. changes and alterations the Premises being required by an authorized public official with any governmental authority or jurisdiction over the buildings or improvements, to comply with legal requirements. (c) Lessor will not unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused official to be performed by Lessee inaltered, onimproved, removed or to modified, Landlord shall perform the Leased Premises, Lessee will act as a principal same at Tenant's expense 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 shall charge 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 such work, plus an administrative charge equal to be filed against the fee ten percent (10%) of the Leased Premises or against Lessee's leasehold interest cost of such work, to Tenant, which charges shall be payable to Landlord within ten (excluding any leasehold mortgage10) in days of demand therefor; provided, that Landlord may require that Tenant prepay the land or any buildings or improvements on entire cost of the Leased Premises by reason same as a condition of commencement of any work, labor, services, or materials supplied or claimed to have been supplied to Lessee or anyone holding the Leased Premises or such Alteration. Upon completion of any part of them through or under Lessee. Lessee agrees to 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 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 any expense or lien for work, labor, or materials used Alteration made in the Leased Premises or any improvements or change thereof made at the request of, or upon the order ofPremises, Tenant agrees to cause a timely Notice of Completion to be recorded in the office of the Recorder of the County in which the Project is located in accordance with the terms of Section 3093 of the California Civil Code or any successor statute, and Tenant shall deliver to discharge Landlord a legible and reproducible copy of the obligation "AS-BUILT" drawings of Lesseeany such Alterations within ten (10) days of completion of the same, together with evidence of full payment and unconditional final waivers of all liens for labor, services and materials.

Appears in 1 contract

Sources: Office Lease (Interactive Telesis Inc)

Improvements; Alterations. (a) Lessee mayImprovements to the Premises shall be installed at Tenant's expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. 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, delayed or conditioned; however, Landlord may withhold and/or condition its consent to any alteration or addition that would affect the Building's structure or its HVAC, plumbing, electrical, or mechanical systems. 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. 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 approval of the plans and specifications therefor shall not be a representation by Landlord that such alterations, additions, or improvements comply with any time and Law. Notwithstanding the foregoing, Tenant may from time to time during make alterations, additions or improvements to the TermPremises, erectwithout the consent of Landlord and without Landlord's approval of plans, maintain, provided: (i) Lessee bears the cost of thereof shall not exceed Twenty-Five Thousand Dollars ($25,000) in the aggregate in any such work; consecutive twelve-month period; (ii) Lessor must be notified of the time for beginning and the general nature of Tenant shall, prior to commencing any such workalterations, other than routine maintenance additions and/or improvements in the Premises in connection therewith, furnish Landlord with a complete set of existing buildings or plans and specifications for any such alterations, additions and/or improvements, at the time the work begins; and (iii) The conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving constructionsuch alterations, additions, and alterations of buildings additions and/or improvements shall not involve or other improvements on affect the Leased Premises: (i) No building exterior or other improvement may be constructed on the Leased Premises unless the plans, specifications, and proposed location structure 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 material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by Lessor. (ii) Lessor 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, and the plans resubmitted to Lessor. 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. 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 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 unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 on the Leased Premises by reason of any work, 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 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 account of Lessee, irrespective of whether or not such lien is valid or enforceable. In no event will Lessor Building or any of Lessor's property be liable for the HVAC, mechanical, electrical, plumbing or chargeable fire safety systems of the Building; and (iv) Tenant shall comply with any expense or lien for workall requirements of this Lease with respect to such alterations, labor, or materials used in additions and/or improvements other than obtaining the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation prior approval of LesseeLandlord.

Appears in 1 contract

Sources: Lease Agreement (Art Technology Group Inc)

Improvements; Alterations. (a) Lessee mayLandlord will afford Tenant an allowance of $30.00 per rentable square foot to cover the cost of certain non-structural, at tenant improvements, including all architectural related fees, to be made to the Premises by Tenant, as more particularly described in the Workletter. The cost of any time tenant improvements and from time 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 time during perform the Termalterations and tenant improvements. No other alterations or physical additions in or to the Premises may be made without Landlord's prior written consent. Landlord may withhold its consent to any alteration or addition that could affect the Building's structure or its HVAC, erectplumbing, maintain, 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 without the prior written consent of Landlord. 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) Lessee bears 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 pay to Landlord a supervisory and administrative fee equal to five percent (5%) of the cost of any such work; (iialterations, 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) Lessor must be notified of to remove all waste and debris from the time for beginning and Premises upon the general nature completion of any such workalterations, other than routine maintenance of existing buildings additions or improvements, at the time the work begins; and (iii) The conditions of Section 3.03(b) concerning Lessor’s approving plans must be followed. (b) The following rules govern Lessor’s approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: (i) No building or other improvement may be constructed on the Leased 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 material addition to or alteration of any building or structure erected on the Leased Premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by Lessor. (ii) Lessor 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, and the plans resubmitted to Lessor. 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. 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 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 unreasonably withhold its approval of any items required by this Section 3.03. (d) With respect to any contract for work performed by Lessee or caused to be performed by Lessee in, on, 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 on the Leased Premises by reason of any work, 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 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 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 any expense or lien for work, labor, or materials used in the Leased Premises or any improvements or change thereof made at the request of, or upon the order of, or to discharge the obligation of Lessee.

Appears in 1 contract

Sources: Lease Agreement (Hotjobs Com LTD)