Common use of Improvements; Alterations Clause in Contracts

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 ("Alterations") 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 or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. 8.1.2 Notwithstanding the foregoing, at Landlord's option (but without obligation), all or any portion of the Alterations shall be performed by Landlord for Tenant's account and Tenant shall pay Landlord's estimate of the cost thereof (including a reasonable charge for Landlord's overhead and profit) 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 Alterations and restoring the Premises to their original condition such cost to include a reasonable charge for Landlord's overhead and profit as provided above, and such amount may be deducted from the Security Deposit or any other sums or amounts held by Landlord under this Lease. 8.1.3 At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located.

Appears in 1 contract

Sources: Lease Agreement (Manchester Technologies Inc)

Improvements; Alterations. 8.1.1 Tenant Improvements to the Premises shall not make, 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 allow to be made, any alterations, physical additions, improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about additions in or to the Premises ("Alterations") may be made without obtaining 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. Notwithstanding the foregoing, Tenant shall not be required to obtain Landlord's consent for repainting, recarpeting, or other cosmetic alterations totaling less than $5,000 in any single instance or series of related alterations performed within a six-month period, provided that such alterations do not affect the configuration or location of any exterior or interior walls of the Building, the HVAC system, the Building's structure, or the Building's electrical, plumbing, or other 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 consent shall not be unreasonably withheld with respect or delayed; however, Landlord may withhold its consent to proposed Alterations which: (1) comply with all applicable Regulations; (2) are, in Landlord's opinion, compatible with any such painting or installation which would affect the Building or appearance of 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 exterior of the Building or Project by of any other tenant or its invitees. Specifically, but without limiting the generality common areas 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 licensesBuilding. For taxation purposes only, any contractor additions or subcontractor alterations to the Premises will be deemed 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 during the expiration or earlier termination Term of this Lease, at which time they shall be and become Tenant may claim any tax credits and depreciate such property. All alterations, additions, or improvements made in or upon the property of Landlord; provided, however, that Landlord mayPremises shall, at Landlord's option, require that 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. All alterations, additions, and improvements shall be constructed, maintained, and used by Tenant, at Tenant's its risk and expense, remove any or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. 8.1.2 Notwithstanding the foregoing, at all Laws; Landlord's option (but without obligation), all or any portion approval of the Alterations plans and specifications therefor shall not be performed a representation 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) prior to commencement of the work. In additionthat such alterations, at Landlord's election and notwithstanding the foregoingadditions, however, Tenant shall pay to Landlord the cost of removing or improvements comply with any such 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 LeaseLaw. 8.1.3 At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located.

Appears in 1 contract

Sources: Lease Agreement (Digital Solutions Inc)

Improvements; Alterations. 8.1.1 Except as expressly set forth in this Lease, improvements to the Premises shall be installed at the expense of Tenant shall not make, in accordance with the attached Exhibit “D”. No alterations or allow physical additions in or to the Premises may be made, 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 partitionsto the Premises, Landlord shall specifically designate in writing: (i) each of the approved alterations or additions, if any, that Tenant will be required to remove from the Premises at the end of the Term and the restoration requirements that will be associated with such removal; and (ii) all alterations, additions, or improvements (whether temporary or permanent in character, and including without limitation all air-conditioning equipment and all other equipment that is in any manner connected to the attachment 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 fixtures type on or equipment, in, about or to the Premises ("Alterations") without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld withheld, conditioned or delayed. Approval by Landlord of any of Tenant’s drawings and plans and specifications prepared in connection with respect any improvements in the Premises shall not constitute a representation or warranty of Landlord as to proposed Alterations which: 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 (1subject to typical punch list items) comply 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 Regulations; (2) arelaws, in Landlord's opinioncodes, compatible with the Building or the Project and its mechanicalregulations, plumbingpermits, electrical, heating/ventilation/air conditioning systemsapprovals, and will not cause the Building or Project or such systems to be required to be modified to comply with any Regulations orders (includingcollectively “Laws”), including without limitation, the Americans With Disabilities ActAct 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 (collectively the “ADA”); . Subsequent to Landlord’s delivery of the Premises to Tenant as described above and (3) will not interfere in Exhibit “D” hereto, Tenant shall be responsible for the cost of all work required to comply with the use and occupancy of any other portion retrofit requirements of the Building or Project ADA, where and to the extent that such work is necessitated by any other tenant installations, additions, or its invitees. Specifically, but without limiting alterations made in or to the generality Premises at the request of or by Tenant or by Tenant’s use of the foregoingPremises, regardless of whether such cost is incurred in connection with retrofit work required in the Premises or in other areas of the Building. Except for Tenant’s foregoing obligations with respect to the Premises, 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 or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. 8.1.2 Notwithstanding the foregoing, at Landlord's option (but without obligation), all or any portion of the Alterations shall be performed by Landlord for Tenant's account and Tenant shall pay Landlord's estimate of the cost thereof (including a reasonable charge for Landlord's overhead and profit) 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 Alterations and restoring deliver the Premises to their original condition such cost to include a reasonable charge for Landlord's overhead and profit as provided aboveTenant in compliance with all Laws, including the ADA, and such amount may shall at all times during the Term be deducted from responsible to maintain the Security Deposit or any other sums or amounts held by Landlord under this Lease. 8.1.3 At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post Project 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(other than the Premises) in compliance with such Laws.

Appears in 1 contract

Sources: Office Lease Agreement (TrueCar, Inc.)

Improvements; Alterations. 8.1.1 Tenant shall not make, or allow to be made, any Any alterations, physical additions, improvements deletions, modifications or partitions, including without limitation the attachment of any fixtures or equipment, utility installations in, about of or to the improvements contained within the Premises (collectively, "AlterationsALTERATIONS") without obtaining the prior written consent of Landlordshall be installed at Tenant's expense and only in accordance with detailed plans and specifications, 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 systemsconstruction methods, 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 all of which have been previously submitted to be employed on the work of Alterationsand approved in writing by Landlord, and the time for performance of such work, by a professionally qualified and may impose rules and regulations for contractors licensed contractor and subcontractors performing such workapproved by Landlord. Alterations shall not include the Tenant Improvements described in Exhibit C attached hereto and Tenant shall also supply not be required to Landlord any documents and information reasonably requested by Landlord in connection with Landlord's consideration of a request for approval hereunder. remove such initial Tenant shall cause all Alterations to be accomplished in a good and workmanlike manner, and to comply with all applicable Regulations. Tenant shall Improvements 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. 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, at 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 they 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 and become the property of Landlorddeemed 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 mayshall 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, require that either be removed by Tenant prior to the end of the Term (and Tenant shall restore the portion of the Premises affected to its condition existing immediately prior to such Alteration), or shall remain on the Premises at the end of the Term, (ii) be constructed, maintained, insured and used by Tenant, at its risk and expense, in a first-class, good and workmanlike manner, and in accordance with all Regulations, and (iii) shall be subject to payment of Landlord's standard alterations supervision fee which standard fee shall not exceed ten percent (10%) of the cost of the Alterations. If any Alteration made or initiated by Tenant or the removal thereof shall cause, trigger or result in any portion of the Project outside of the Premises, any portion of the Building's shell and core improvements (including restrooms, if any) within the Premises, or any Building system inside or outside of the Premises being required by any governmental authority to be altered, improved or removed, or may otherwise potentially affect such portions of the Project or any other tenants of the Project, Landlord shall have the option (but not the obligation) of performing the same at Tenant's expense, remove any or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. 8.1.2 Notwithstanding the foregoing, at Landlord's option (but without obligation), all or any portion of the Alterations shall be performed by Landlord for Tenant's account and Tenant shall pay Landlord's estimate of the cost thereof (including a reasonable charge for Landlord's overhead and profit) prior to commencement of the work. In addition, at Landlord's election and notwithstanding the foregoing, however, 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 removing such work, and any actual costs of such Alterations and restoring the Premises to their original condition such cost to include a reasonable charge for work in excess of Landlord's overhead and profit as provided aboveestimate, 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 plus an administrative charge of ten percent (10%) thereof. At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located. Notwithstanding anything to the contrary contained in this Paragraph 7.1, at the time Landlord gives its consent for any Alterations after the initial Tenant Improvements, Tenant shall also be notified whether or not Landlord will require that such Alterations be removed upon the expiration or earlier termination of this Lease. If Landlord fails to so notify Tenant within five (5) business days after Landlord's receipt of Tenant's written request for consent, it shall be assumed that Landlord will not require their removal.

Appears in 1 contract

Sources: Office Lease (Intraware Inc)

Improvements; Alterations. 8.1.1 Tenant Improvements to the Premises shall not make, 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 allow to be made, any alterations, physical additions, improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about 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. Notwithstanding the foregoing, Tenant may from time to time make alterations, additions or improvements to the Building, without the consent of Landlord and without Landlord's approval of plans, provided: ("Alterations"i) the cost thereof shall not exceed Twenty-Five Thousand Dollars ($25,000.00) in the aggregate in any consecutive twelve-month period; (ii) Tenant shall, prior to commencing any such alterations, additions and/or improvements in the Building in connection therewith, furnish Landlord with a complete set of plans and specifications for any such alterations, additions and/or improvements; (iii) such alterations, additions and/or improvements shall not involve or affect the exterior or the structure of the Building or any of the mechanical or plumbing systems of the Building or the base building electrical system, as such base building electrical system exists after Tenant's installation of the Work (but such alterations may include minor electrical alterations not affecting the base building electrical system); and (iv) Tenant shall comply with all requirements of this Lease with respect to such alterations, additions and/or improvements other than obtaining the prior approval of Landlord. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld with respect or delayed; however, Landlord may withhold its consent to proposed Alterations which: (1) comply with all applicable Regulations; (2) are, in Landlord's opinion, compatible with any such painting or installation which would affect the Building or appearance of 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 exterior of the Building or Project by of any other tenant or its invitees. Specifically, but without limiting the generality common areas of the foregoingBuilding. Notwithstanding any provisions of the preceding sentence to the contrary, Landlord shall have if Tenant is the right sole occupant of the Building, Landlord's prior written consent for shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Building. All alterations, additions, 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 for the proposed Alterations, construction means and methods, all appropriate permits and licenses, any contractor or subcontractor to therefor shall not 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 a representation by Landlord that such alterations, additions, or improvements comply with any Law. Landlord shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with Landlord's consideration of a request for approval hereunder. Tenant the Premises provided Landlord shall cause all Alterations never be required to be accomplished in a good and workmanlike manner, and to comply with all applicable Regulations. Tenant shall at Tenant's sole expense, perform pay 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 out-of-pocket expenses 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 or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expensetherewith. 8.1.2 Notwithstanding the foregoing, at Landlord's option (but without obligation), all or any portion of the Alterations shall be performed by Landlord for Tenant's account and Tenant shall pay Landlord's estimate of the cost thereof (including a reasonable charge for Landlord's overhead and profit) 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 Alterations and restoring the Premises to their original condition such cost to include a reasonable charge for Landlord's overhead and profit as provided above, and such amount may be deducted from the Security Deposit or any other sums or amounts held by Landlord under this Lease. 8.1.3 At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located.

Appears in 1 contract

Sources: Lease Agreement (Brooks Automation Inc)

Improvements; Alterations. 8.1.1 6.1 Tenant, 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 “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, or allow to be made, make any alterations, physical additions, improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about or changes to the Premises ("Alterations") ”), without obtaining the Landlord’s prior written consent of Landlordconsent, which consent shall not to be unreasonably withheld 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 respect 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 proposed Alterations which: time for the Building; (1iv) comply in accordance with all applicable Regulations; Laws (2) areincluding all work, in Landlord's opinionwhether structural or non-structural, compatible with inside or outside the Building or the Project and its mechanicalPremises, 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 fully with any Regulations (including, without limitation, the Americans With Disabilities Actall applicable Laws and necessitated by Tenant’s work); and (3v) will not interfere with 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 use and occupancy Alterations prior to or upon expiration or termination of the Term, as approved by Landlord in writing, subject to Landlord’s repair obligations set forth in Section 7 below. If any other portion work outside the Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or Project as a direct result of Tenant’s work, such work shall be performed at Tenant’s expense by any contractors approved by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractors and other tenant aspects of construction work proposed by Tenant with respect to Tenant Improvements or its inviteesAlterations is intended solely to protect Landlord, the Property and Landlord’s interests. SpecificallyNo approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, but without limiting 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 generality Construction Rider for Tenant Improvements, all Alterations, Tenant Improvements, and Landlord Improvements shall upon installation become part of the foregoingrealty and be the property of Landlord. 6.2 Before making any Alterations, Tenant shall submit to Landlord for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor’s license. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations. 6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant when performing any work in or upon the Premises including Alterations and Tenant Improvements. If any such lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within thirty (30) days after Tenant receives actual knowledge of the attachment thereof, then, Landlord shall have the right of written consent for all plans and specifications for but not the proposed Alterations, construction means and methods, all appropriate permits and licenses, any contractor or subcontractor obligation to cause the same to be employed on the work of Alterationsreleased, 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 sums reasonably requested expended 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 therewith shall be and become the property of Landlord; provided, however, that Landlord may, at Landlord's option, require that Tenant, at Tenant's expense, remove any or all Alterations made payable by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. 8.1.2 Notwithstanding the foregoing, at Landlord's option (but without obligation), all or any portion of the Alterations shall be performed by Landlord for Tenant's account and Tenant shall pay Landlord's estimate of the cost thereof (including a reasonable charge for Landlord's overhead and profit) 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 Alterations and restoring the Premises to their original condition such cost to include a reasonable charge for Landlord's overhead and profit as provided above, and such amount may be deducted from the Security Deposit or any other sums or amounts held by Landlord under this Lease. 8.1.3 At least ten (10) business days before beginning construction of any Alteration, after written demand with interest thereon from the date which is the 11th day after Landlord’s notice at the Interest Rate (as defined in Section 16.2—Interest). Tenant shall give Landlord written reasonable notice prior to the commencement of the expected commencement date of that construction to permit any Alterations and reasonably cooperate with Landlord to post in posting and record a notice maintaining notices of non-responsibility. Upon substantial completion responsibility in connection therewith. 6.4 Subject to the provisions 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.Section 5—

Appears in 1 contract

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

Improvements; Alterations. 8.1.1 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 shall not make, or allow only in accordance with plans and specifications submitted to be and approved in writing by Landlord. After the initial Tenant Improvements are made, any alterations, no alterations or physical additions, improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about additions in or to the Premises ("Alterations") may be made without obtaining the 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 LandlordLandlord as required hereunder. Notwithstanding anything in this Lease to the contrary, which consent Tenant shall not be unreasonably withheld with respect to proposed Alterations which: (1) comply with responsible for the cost of 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 work required to be modified to comply with any Regulations (including, without limitation, the retrofit requirements of the Americans With with Disabilities Act); and Act of 1990 (3"ADA") will not interfere with the use and occupancy of any or other portion applicable laws pertaining to accessibility of the Building Premises by disabled or Project 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 tenant 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 its inviteesin other areas of the Building. Specifically, but without limiting the generality of Notwithstanding the foregoing, Landlord 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 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 request delivered with notice to Landlord any documents and information reasonably requested by Landlord in connection with Landlord's consideration of a of, or request for approval hereunder. consent from Landlord for, improvements or alterations, Landlord shall advise Tenant shall cause all Alterations in writing whether Landlord will require Tenant to be accomplished in a good and workmanlike manner, and to comply with all applicable Regulations. Tenant shall at Tenant's sole expense, perform remove any additional work required under applicable Regulations due to the Alterations hereunder. No review alterations 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 improvements 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 expensefurniture, equipment and other personal property installed in the Premises shall at all times be Tenant's property, and Tenant may remove any or all Alterations made by Tenant and restore of such property from the Premises at any time and from time to time provided that Tenant repairs all damages caused by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expenseremoval. 8.1.2 Notwithstanding the foregoing, at Landlord's option (but without obligation), all or any portion of the Alterations shall be performed by Landlord for Tenant's account and Tenant shall pay Landlord's estimate of the cost thereof (including a reasonable charge for Landlord's overhead and profit) 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 Alterations and restoring the Premises to their original condition such cost to include a reasonable charge for Landlord's overhead and profit as provided above, and such amount may be deducted from the Security Deposit or any other sums or amounts held by Landlord under this Lease. 8.1.3 At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located.

Appears in 1 contract

Sources: Lease Agreement (Avanex Corp)

Improvements; Alterations. 8.1.1 Tenant Improvements to the Premises shall not make, 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 allow to be made, any alterations, physical additions, improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about 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. Notwithstanding the foregoing, Tenant may from time to time make alterations, additions or improvements to the Building, without the consent of Landlord and without Landlord's approval of plans, provided: ("Alterations"i) the cost thereof shall not exceed Twenty-Five Thousand Dollars ($25,000.00) in the aggregate in any consecutive twelve-month period; (ii) Tenant shall, prior to commencing any such alterations, additions and/or improvements in the Building in connection therewith, furnish Landlord with a complete set of plans and specifications 19 for any such alterations, additions and/or improvements; (iii) such alterations, additions and/or improvements shall not involve or affect the exterior or the structure of the Building or any of the mechanical or plumbing systems of the Building or the base building electrical system, as such base building electrical system exists after Tenant's installation of the Work (but such alterations may include minor electrical alterations not affecting the base building electrical system); and (iv) Tenant shall comply with all requirements of this Lease with respect to such alterations, additions and/or improvements other than obtaining the prior approval of Landlord. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld with respect or delayed; however, Landlord may withhold its consent to proposed Alterations which: (1) comply with all applicable Regulations; (2) are, in Landlord's opinion, compatible with any such painting or installation which would affect the Building or appearance of 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 exterior of the Building or Project by of any other tenant or its invitees. Specifically, but without limiting the generality common areas of the foregoingBuilding. Notwithstanding any provisions of the preceding sentence to the contrary, Landlord shall have if Tenant is the right sole occupant of the Building, Landlord's prior written consent for shall only be required with respect to the painting or installation of lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which would affect the exterior of the Building. All alterations, additions, 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 for the proposed Alterations, construction means and methods, all appropriate permits and licenses, any contractor or subcontractor to therefor shall not 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 a representation by Landlord that such alterations, additions, or improvements comply with any Law. Landlord shall cooperate with Tenant in obtaining any permits or licenses sought by Tenant in connection with Landlord's consideration of a request for approval hereunder. Tenant the Premises provided Landlord shall cause all Alterations never be required to be accomplished in a good and workmanlike manner, and to comply with all applicable Regulations. Tenant shall at Tenant's sole expense, perform pay 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 out-of-pocket expenses 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 or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expensetherewith. 8.1.2 Notwithstanding the foregoing, at Landlord's option (but without obligation), all or any portion of the Alterations shall be performed by Landlord for Tenant's account and Tenant shall pay Landlord's estimate of the cost thereof (including a reasonable charge for Landlord's overhead and profit) 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 Alterations and restoring the Premises to their original condition such cost to include a reasonable charge for Landlord's overhead and profit as provided above, and such amount may be deducted from the Security Deposit or any other sums or amounts held by Landlord under this Lease. 8.1.3 At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located.

Appears in 1 contract

Sources: Lease Agreement (Brooks Automation Inc)

Improvements; Alterations. 8.1.1 Tenant a) Lessee shall not make, make or allow to be made, permit any alterations, physical additions, alterations or improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about or to the Premises ("Alterations") without obtaining weaken the structural strength, lessen the value of, or change the architectural appearance of the building or other construction except with the prior written consent of LandlordLessor. Lessor may, which as a further condition to giving consent shall not be unreasonably withheld thereto, require Lessee to post bond with respect Lessor in the sum equal to proposed Alterations which: (1) comply with all applicable Regulations; (2) areestimated cost of said alteration, in Landlord's opinionaddition, compatible with or improvements securing the Building Lessor against loss, claim 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 leans by reason 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 specificationsinstallation thereof. All such Alterations shall remain the property of Tenant until the expiration alterations, additions, or earlier termination of this Lease, at which time they shall be and become the property of Landlord; provided, however, that Landlord may, at Landlord's option, require that Tenant, at Tenant's expense, remove any or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage improvements to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep shall be done in a workmanlike manner and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. 8.1.2 Notwithstanding shall remain for the foregoing, at Landlord's option (but without obligation), all or any portion benefit of the Alterations Lessor. Lessee 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) prior to commencement of the work. In addition, give Lessor written notice at Landlord's election and notwithstanding the foregoing, however, Tenant shall pay to Landlord the cost of removing any such Alterations and restoring the Premises to their original condition such cost to include a reasonable charge for Landlord's overhead and profit as provided above, and such amount may be deducted from the Security Deposit or any other sums or amounts held by Landlord under this Lease. 8.1.3 At least ten (10) business days before beginning construction in advance of the commencement of any Alterationalteration, Tenant shall give Landlord written addition or improvement upon the Premises so Lessor may post appropriate notice of non- responsibility. b) If applicable, the expected commencement date following conditions must be satisfied prior to occupancy of the Premises. i) Lessee has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of Lessor's presenting Lessee with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. Lessee and Lessor agree that construction any change in scope of work or otherwise to permit Landlord the plan shall be agreed upon prior to post and record a notice of non-responsibility. Upon substantial completion of construction, if including the law so provides, Tenant shall cause a timely notice of completion to be recorded change in the office 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 recorder other insurance matters described in said Paragraph 22 of this Lease. c) All construction shall be conducted under the county in which the Building is locateddirect supervision of Lessor. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.

Appears in 1 contract

Sources: Lease Agreement

Improvements; Alterations. 8.1.1 Tenant Improvements to the Premises shall not make, 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 allow to be made, any alterations, physical additions, improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about additions in or to the Premises ("Alterations") may be made without obtaining 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 consent shall not be unreasonably withheld with respect or delayed; however, Landlord may withhold its consent to proposed Alterations which: (1) comply with all applicable Regulations; (2) are, in Landlord's opinion, compatible with any such painting or installation which would affect the Building or appearance of 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 exterior of the Building or Project 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 other tenant or its inviteesLaw. Specifically, but without limiting the generality of Notwithstanding the foregoing, Tenant may from time to time make alterations, additions or improvements to the Premises, without the consent of Landlord and without Landlord's approval of plans, provided: (i) the cost thereof shall have not exceed Twenty-Five Thousand Dollars ($25,000) in the right aggregate in any consecutive twelve-month period; (ii) 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 written consent for all plans and specifications for any such alterations, additions and/or improvements; (iii) such alterations, additions and/or improvements shall not involve or affect the proposed Alterationsexterior or the structure of the Building or any of the HVAC, construction means mechanical, electrical, plumbing or fire safety systems of the Building; 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. (iv) 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 requirements of this LeaseLease with respect to such alterations, at which time they shall be and become additions and/or improvements other than obtaining the property prior approval of Landlord; provided, however, that Landlord may, at Landlord's option, require that Tenant, at Tenant's expense, remove any or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. 8.1.2 Notwithstanding the foregoing, at Landlord's option (but without obligation), all or any portion of the Alterations shall be performed by Landlord for Tenant's account and Tenant shall pay Landlord's estimate of the cost thereof (including a reasonable charge for Landlord's overhead and profit) 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 Alterations and restoring the Premises to their original condition such cost to include a reasonable charge for Landlord's overhead and profit as provided above, and such amount may be deducted from the Security Deposit or any other sums or amounts held by Landlord under this Lease. 8.1.3 At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located.

Appears in 1 contract

Sources: Lease Agreement (Art Technology Group Inc)

Improvements; Alterations. 8.1.1 Tenant shall not makeImprovements to the Premises (including any signage, antennas, or allow risers respecting the Building) may be installed at the expense of Tenant only in accordance with plans and specifications submitted to be madeand approved in writing by Landlord, any alterations, physical additions, improvements or partitions, including without limitation prior to the attachment commencement of any fixtures improvements. No alterations or equipment, in, about physical additions in or to the Premises ("Alterations") may be made without obtaining the Landlord’s prior written consent of Landlordconsent, which consent shall not be unreasonably withheld with respect to proposed Alterations which: (1) comply with all applicable Regulations; (2) arewithheld, in Landlord's opinion, compatible with the Building conditioned 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 inviteesdelayed. 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 or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. 8.1.2 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 single 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, not to be unreasonably withheld, conditioned or delayed, and management, install signage at the Premises, only as provided herein. All alterations, additions, 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 Building’s plumbing system) made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's option (but without obligation), all or any portion ’s property at the end of the Alterations Term and shall be performed remain on the Premises without compensation to Tenant. Approval by Landlord for of any of Tenant's account ’s drawings and Tenant shall pay Landlord's estimate of the cost thereof (including a reasonable charge for Landlord's overhead plans and profit) 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 specifications prepared in connection with any such Alterations and restoring improvements in the Premises shall not constitute a representation or warranty of Landlord as to their original condition the adequacy or sufficiency of such cost drawings, plans and specifications, or the improvements to include a reasonable charge which they relate, for Landlord's overhead and profit any use, purpose, or condition, but such approval shall merely be the consent of Landlord as provided above, and such amount may be deducted from the Security Deposit or any other sums or amounts held by Landlord under this Leaserequired hereunder. 8.1.3 At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located.

Appears in 1 contract

Sources: Lease Agreement (Sonus Networks Inc)

Improvements; Alterations. 8.1.1 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 ("AlterationsALTERATIONS") 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 Leasesuch 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 or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All Ail such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. 8.1.2 8.1.2. Notwithstanding the foregoing, at Landlord's option (but without obligation), all or any portion of the Alterations shall be performed by Landlord for Tenant's account and Tenant shall pay Landlord's estimate of the cost thereof (including a reasonable charge for Landlord's overhead and profit) 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 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 8.1.3. At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located.

Appears in 1 contract

Sources: Lease Agreement (Qorus Com Inc)

Improvements; Alterations. 8.1.1 Tenant shall not make, or allow Except for any work to be madeperformed by Landlord pursuant to Exhibit D attached to this Lease (“Tenant Improvements”), any alterations, 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, improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about additions in or to the Premises costing in excess of $25,000.00 in the aggregate for any one ("1) Lease Year may be made without Landlord’s prior written consent, which shall not be unreasonably withheld or delayed; however, Landlord may, in its sole discretion, withhold its consent to any 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 shall be surrendered as part of the Premises upon the expiration or earlier termination of this Lease; provided, however, that Tenant may be required to remove those Tenant’s Alterations requiring Landlord’s approval hereunder if, as a condition of Landlord’s approval, Landlord requires the removal of the same upon the expiration or earlier termination of this Lease. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld with respect or delayed; however, Landlord may withhold its consent to proposed Alterations which: (1) comply with all applicable Regulations; (2) are, in Landlord's opinion, compatible with any such painting or installation which would affect the Building appearance of the exterior of the Complex 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 common areas of the Building or Project by any other tenant or its inviteesComplex. Specifically, but without limiting the generality of Notwithstanding the foregoing, Landlord shall have 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 right prior approval of written consent for the City of Saint ▇▇▇▇, Tenant’s compliance with 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 Alterationsapplicable Laws, and the time for performance prior approval of Landlord with respect to the design, location and number of such worksigns, and may impose rules and regulations which approval shall not be unreasonably withheld. Landlord agrees to cooperate with Tenant to obtain the City of Saint Paul’s approval for contractors and subcontractors performing such work. Tenant’s Signage as approved by Landlord (provided that Landlord shall incur no costs with respect to the same), but Tenant shall also supply have primary responsibility for taking all actions necessary to Landlord any documents and information reasonably requested by Landlord seek the approval of the City of Saint ▇▇▇▇. Notwithstanding anything to the contrary in connection with Landlord's consideration of a request for approval hereunder. this Section 8, Tenant shall cause all Alterations be required to be accomplished in a good and workmanlike manner, and to comply with all applicable Regulations. Tenant shall at remove 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 ’s Signage 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 and to repair any damage caused by such removal to Landlord’s satisfaction. Tenant’s removal and repair obligations hereunder shall be and become the property of Landlord; provided, however, that Landlord may, at Landlord's option, require that Tenant, at Tenant's expense, remove any or all Alterations made by Tenant and restore the Premises by survive the expiration or earlier termination of this Lease, . Landlord agrees to their condition existing prior provide Building standard directory board and tenant suite identification at no cost to the construction of any such AlterationsTenant. All such removals alterations, additions, and restoration improvements shall be accomplished in a first-class constructed, maintained, and good used by Tenant, at its risk 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 propertyexpense, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. 8.1.2 Notwithstanding the foregoing, at all Laws; Landlord's option (but without obligation), all or any portion ’s approval of the Alterations plans and specifications therefor shall not be performed a representation 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) prior to commencement of the work. In additionthat such alterations, at Landlord's election and notwithstanding the foregoingadditions, however, Tenant shall pay to Landlord the cost of removing or improvements comply with any such 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 LeaseLaw. 8.1.3 At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located.

Appears in 1 contract

Sources: Office Lease Agreement (Cray Inc)

Improvements; Alterations. 8.1.1 (a) Landlord will provide Tenant shall not makewith a tenant improvement allowance in the amount of $500,000.00 (the “Allowance") to cover the cost of construction of certain non-structural, or allow tenant improvements to be made, any alterations, physical additions, improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about or made to the Premises by or on behalf of Tenant, including but not limited to architectural and engineering fees. Tenant shall ("Alterations"i) without obtaining the give Landlord not less than thirty (30) days prior written consent 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 tenant improvements for the Premises and all fees and expenses relating thereto in excess of the amount of the Allowance shall be borne solely by ▇▇▇▇▇▇ and paid on or before the date said amounts become past due and payable. Except as otherwise provided herein, ▇▇▇▇▇▇ acknowledges and agrees that it will accept the Premises in "AS-IS" condition without any representations or warranties from Landlord. (b) Landlord shall not be obligated to disburse any portion of the Allowance proceeds to Tenant unless and until Landlord has received (i) written notice from Tenant that all of the tenant improvements have been completed in a good and workmanlike manner; (ii) a copy of the certificate of occupancy for the Premises issued by either the Village of ▇▇▇▇ Ridge or the DuPage County Regional Office of Education, as the case may be; (iii) copies of all invoices relating to the costs and expenses for which Tenant is requesting reimbursement; and (iv) partial and (for the final payment) final sworn statements and lien waivers acceptable in form and substance to Landlord executed by each contractor, subcontractor and materialman who has provided materials or performed any tenant improvements for or in the Premises. Landlord will have thirty (30) days after its receipt of the documentation described in clauses (i) through (iv) above to inspect and approve the tenant improvements and disburse the Allowance proceeds to Tenant, which consent shall not be unreasonably withheld with respect to proposed Alterations which:delayed. If any portion of the Allowance is not used for the construction of the tenant improvements, then such portion of the Allowance shall be deemed forfeited and retained by Landlord. (1c) comply with all applicable Regulations; (2) areExcept 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 opinionprior written consent, compatible with which consent shall not be unreasonably withheld. However, Landlord may withhold its consent to any alteration or addition that could affect the Building Building's structure or the Project and its mechanicalHVAC, plumbing, electrical, heating/ventilation/air conditioning mechanical and/or life safety systems. Tenant may not paint or install lighting, and will not cause the Building signs, window or Project door lettering, 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 advertising media of any other portion 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 Project by of any other tenant or its invitees. Specifically, but without limiting the generality common areas of the foregoingBuilding. All alterations, Landlord shall have additions and improvements installed in the right of written consent for all Premises must be (i) performed at Tenant's expense and only in accordance with plans and specifications for the proposed Alterations, construction means which have been previously submitted to and methods, all appropriate permits and licenses, any contractor or subcontractor to be employed on the work of Alterationsapproved in writing by Landlord, and the time for performance of such work(ii) constructed, maintained and may impose rules used by Tenant at its own risk and regulations for contractors and subcontractors performing such work. Tenant shall also supply to Landlord any documents and information reasonably requested by Landlord expense 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 accordance with all applicable Regulationsstatutes, 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 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 Landlord related to such work; however, such fee shall not exceed One Thousand and 00/100 Dollars ($1,000.00). Tenant shall at Tenant's sole expensefurther 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, perform any additional work required under applicable Regulations due additions or improvements. (d) Notwithstanding anything in this Section 6.1 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. contrary, Tenant shall reimburse Landlord for all costs which Landlord may incur in connection with granting approval be permitted to Tenant for any Alterations beyond those originally agreed upon at the commencement perform minor repairs or improvements (e.g. painting of the Lease, including any costs or expenses which Landlord may incur in electing to have outside architects Premises and engineers review said plans and specifications. All such Alterations shall remain the property of Tenant until the expiration or earlier termination of this Lease, at which time they shall be and become the property of Landlord; provided, however, that Landlord may, at Landlord's option, require that Tenant, at Tenant's expense, remove any or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage fixture repairs) to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. 8.1.2 Notwithstanding without the foregoing, at Landlord's option (but without obligation), all or any portion prior approval 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) 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 Alterations and restoring the Premises to their original condition such cost to include a reasonable charge for Landlord's overhead and profit as provided above, and such amount may be deducted from the Security Deposit or any other sums or amounts held by Landlord under this Lease. 8.1.3 At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located.

Appears in 1 contract

Sources: Lease Agreement

Improvements; Alterations. 8.1.1 Tenant shall not make, or allow to be made, any Any alterations, physical additions, improvements deletions, modifications or partitions, including without limitation the attachment of any fixtures or equipment, utility installations in, about 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) Landlord's prior written consent and (b) compliance with such requirements concerning such Alterations as Landlord may impose from time to time, including Landlord's right to charge a supervision fee equal to ten percent (10%) 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 obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld with respect or delayed; however, Landlord may withhold its consent to proposed Alterations which: any such installation which would affect the appearance of (1or be visible from) 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 exterior of the Building or Project by of any other tenant or its invitees. Specifically, but without limiting the generality common areas 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 specificationsBuilding. All such Alterations shall remain made in or upon the property of Tenant until the expiration or earlier termination of this LeasePremises shall, at which time they shall be and become the property of Landlord; provided, however, that Landlord may, (i) at Landlord's option, require that 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 without compensation to Tenant and (ii) be constructed, maintained, and used by Tenant, at Tenant's its risk and expense, remove any or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable lawall Laws and, at Tenant's sole expense. 8.1.2 Notwithstanding to the foregoingextent applicable, at pursuant to a valid building certificate of occupancy; Landlord's option (but without obligation)approval of the plans and specifications therefor shall not be a representation by Landlord that such Alterations comply with any Law. In the event that any Alteration made or initiated by Tenant shall cause, all trigger or result in any portion of the Alterations Project outside of the Premises or any Building system inside or outside of the Premises being required by any governmental authority or official to be altered, improved, removed or modified, Landlord shall be performed by Landlord for perform the same at Tenant's account expense and Tenant shall pay Landlord's estimate charge the entire cost of such work, plus an administrative charge equal to ten percent (10%) of the cost thereof (including a reasonable charge for Landlord's overhead and profit) prior of such work, to commencement of the work. In additionTenant, at Landlord's election and notwithstanding the foregoing, however, Tenant which charges shall pay be payable to Landlord the cost of removing any such 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 within ten (10) business days before beginning construction of demand therefor; provided, that Landlord may require that Tenant prepay the entire cost of the same as a condition of commencement of any such Alteration. Upon completion of any Alteration made in or upon the Premises, Tenant shall give Landlord written notice of the expected commencement date of that construction agrees 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 Notice of completion Completion to be recorded in the office of the recorder Recorder of the county County in which the Building Project is locatedlocated in accordance with the terms of Section 3093 of the California Civil Code or any successor statute, and Tenant shall deliver to Landlord a legible and reproducible copy of the "AS-BUILT" drawings of any 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. 8.1.1 Improvements to the Premises shall be installed at the expense of Tenant shall not make, or allow only in accordance with plans and specifications which have been previously submitted to be and approved in writing by Landlord. After the initial Tenant improvements are made, any alterations, no alterations or physical additions, improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about additions in or to the Premises ("Alterations") may be made without obtaining 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, which consent approval shall not be unreasonably withheld with respect or delayed. 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 proposed Alterations which: (1the Building's plumbing system) comply with all applicable Regulations; (2) aremade in or upon the Premises, in either by Landlord or Tenant, shall be Landlord's opinion, compatible with property at 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 end of the Building or Project by any other tenant or its invitees. Specifically, but without limiting the generality of the foregoing, Landlord Term and 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 remain 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 Premises without compensation 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 if Tenant obtains Landlord's optionprior written approval, require that Tenant shall have the right to remove trade fixtures and Tenant, at -installed improvements during the Term so long as Tenant repairs any damage caused by removal. Approval by Landlord of any of Tenant's expense, remove drawings and plans and specifications prepared in connection with any or all Alterations made by Tenant and restore improvements in the Premises by the expiration shall not constitute a representation or earlier termination warranty of this Lease, to their condition existing prior Landlord as to the construction adequacy or sufficiency of such drawings, plans and specifications, or the improvements to which they relate, for any use, purpose, or condition, but such Alterationsapproval shall merely be the consent of Landlord as required hereunder. All such removals and restoration Notwithstanding anything in this Lease to the contrary, Tenant shall be accomplished responsible for the cost of all work required to comply with the retrofit requirements of the Americans with Disabilities Act of 1990, and all rules, regulations, and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations made in a first-class and good and workmanlike manner so as not to cause any damage or to the Premises at the request of or Project whatsoever. If by Tenant fails to remove such Alterations or by Tenant's trade fixtures or furniture or use of the Premises (other personal property, than retrofit work whose cost has been particularly identified as being payable by Landlord may keep in an instrument signed by Landlord and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. 8.1.2 Notwithstanding the foregoing, at Landlord's option (but without obligation), all regardless of whether such cost is incurred in connection with retrofit work required in the Premises (including the Work described in Exhibit D) or any portion in other areas 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) 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 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 LeaseBuilding. 8.1.3 At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located.

Appears in 1 contract

Sources: Lease Agreement (Daleen Technologies Inc)

Improvements; Alterations. 8.1.1 Tenant The Lessee/s shall not makeat any time make any alteration, internal or allow external, addition, improvement or other change, such as changes to be madestructural/loadbearing walls or colour schemes, any alterations, physical additions, improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about or to the Premises ("Alterations") without obtaining Property except with the prior written consent of Landlordthe Lessor. Such consent shall lie within the absolute discretion of the Lessor, which 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 be necessary, saving any repair of damages caused by force majeure and without any fault of his/her/their own. Ordinary repair and maintenance shall have the meaning attributed by the Civil Code of Malta but shall also mean to include, but shall not be unreasonably withheld with respect limited to, the cleaning of sinks and drains, and damage to proposed Alterations which: (1) comply with 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 applicable Regulations; (2) aretimes keep the Property, including its improvements, fixtures and fittings and equipment, in Landlord's opinion, compatible with the Building or the Project good order 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 good state of any other portion of the Building or Project by any other tenant or its inviteesrepair. Specifically, but without Without limiting the generality of the foregoing, Landlord 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 act or omission or negligence on the part of the Lessee/s, or breach of any of its obligations at law or under this Agreement. All other maintenance which is not extraordinary maintenance or structural repair shall be borne solely by the Lessee/s at his/her/their expense. The Lessee/s shall be solely responsible for and shall promptly pay all fees, deposits and charges, including use and/or connection fees and the like, charged by the relative utility provider, Local Council or by the Government, for water, electricity, telephone, sewer and sanitation, solid waste disposal and any other service or utility used in or upon or furnished to the Property. Water and electricity services shall be registered in the name of the Lessor, though the Lessee/s shall be bound to pay any related bills within seven (7) days from receipt of the respective bill by the Lessor. This upon presentation of the bill by the Lessor to the Lessee/s. The Lessee/s shall pay such payment amount to the Lessor who in turn will cover the payment with the respective utility company on behalf of the Lessee. Should the Lessee/s fail to pay the utility bill, the Lessor shall have the right to either pay the outstanding amount itself at the Lessee/s expense, or to unilaterally order the suspension of written consent the relative services, in which event the Lessee/s shall not be entitled to claim any damages from the Lessor as a consequence of such action. The Lessee/s recognises and agrees that the Lessor’s right to suspend the provision of the services is a reasonable precaution to ensure that the Lessor does not sustain damages and charges as a consequence of the Lessee’s failure to promptly settle any such dues. The Lessor may at any moment in time demand that the said utility services provided to the Property shall be registered in the name of the Lessee/s. In no event shall the Lessor be liable for all plans and specifications damages or otherwise for any interruption, reduction, disruption, curtailment or failure in the supply, quality or character of electricity, water, or other utility or service if either the quality or character thereof is changed or is no longer available or suitable for the proposed AlterationsLessee/s requirements, construction means and methodsor for any interruption, all appropriate permits and licensesreduction, any contractor disruption, curtailment, failure or subcontractor change in quantity, or character which are not attributable to be employed a fault on the work part of Alterationsthe 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 time for performance Property throughout the duration of such work, the lease and may impose rules the Lessor shall inform the utility services provider accordingly provided the Lessee/s completes and regulations for contractors provides the necessary documentation required by the respective utility/service company. The Lessee/s agrees to fill in and subcontractors performing such work. Tenant shall also supply to Landlord submit 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 relevant documentation to the Alterations hereunder. No review or consent by Landlord relevant authority dealing with the utility bills during the continuation of or this Agreement, failure to any proposed Alteration or additional work which 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 enable the Lessor to Tenant for any Alterations beyond those originally agreed upon at demand 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 or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expenseAgreement. 8.1.2 Notwithstanding the foregoing, at Landlord's option (but without obligation), all or any portion of the Alterations shall be performed by Landlord for Tenant's account and Tenant shall pay Landlord's estimate of the cost thereof (including a reasonable charge for Landlord's overhead and profit) 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 Alterations and restoring the Premises to their original condition such cost to include a reasonable charge for Landlord's overhead and profit as provided above, and such amount may be deducted from the Security Deposit or any other sums or amounts held by Landlord under this Lease. 8.1.3 At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located.

Appears in 1 contract

Sources: Long Private Residential Lease

Improvements; Alterations. 8.1.1 Improvements to the Premises shall be installed at the expense of Tenant shall not make, or allow only in accordance with plans and specifications which have been previously submitted to be and approved in writing by Landlord. After the initial Tenant improvements are made, any alterations, no alterations or physical additions, improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about additions in or to the Premises ("Alterations") may be made without obtaining 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, which consent 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 of Tenant's drawings and plans and specifications prepared in connection with any improvements in the Premises shall not be unreasonably withheld with respect constitute a representation or warranty of Landlord as to proposed Alterations which: (1) comply with all applicable Regulations; (2) arethe adequacy or sufficiency of such drawings, in Landlord's opinionplans and specifications, compatible with the Building or the Project and its mechanicalimprovements to which they relate, plumbingfor any use, electricalpurpose, heating/ventilation/air conditioning systemsor condition, and will not cause but such approval shall merely be the Building or Project or such systems 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 be modified to comply with any Regulations (including, without limitation, the retrofit requirements of the Americans With with Disabilities ActAct of 1990, and all rules, regulations, and guidelines promulgated thereunder, as the same may be amended from time to time (the "ADA"); and (3) will not interfere with , 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 and occupancy of any other portion of the Building or Project by any Premises (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 than retrofit 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 whose cost has been particularly identified as being payable 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 an instrument signed by Landlord and workmanlike mannerTenant), and Landlord shall be responsible for the cost of all work required 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 ADA in connection with granting approval to Tenant for any Alterations beyond those originally agreed upon at the commencement other areas of the Lease, including any costs or expenses which Landlord may incur in electing to have outside architects and engineers review said plans and specificationsBuilding. All such Alterations shall remain the property of Tenant until the expiration or earlier termination of this Lease, at which time they shall be and become the property of Landlord; provided, however, that Landlord may, at Landlord's option, require that Tenant, at Tenant's expense, remove any or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. 8.1.2 Notwithstanding the foregoing, at Landlord's option (but without obligation)all moveable partitions, all or any portion cubical furniture and de-mountable wall systems are to be considered personal property of the Alterations shall be performed by Landlord for Tenant's account Tenant (similar to furniture) and Tenant shall pay Landlord's estimate of the cost thereof (including a reasonable charge for Landlord's overhead and profit) 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 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 erected, moved, re-configured and removed, including minor electrical connections, without consent from the Security Deposit or any other sums or amounts held by Landlord under this Lease. 8.1.3 At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of provided 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 locatedreturned to its original or otherwise satisfactory condition after such removal.

Appears in 1 contract

Sources: Lease Agreement (Silicon Laboratories Inc)

Improvements; Alterations. 8.1.1 Tenant Improvements to the Premises shall not make, 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 allow to be made, any alterations, physical additions, improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about additions in or to the Premises ("Alterations") may be made without obtaining Landlord's prior written consent, which shall not be unreasonably withheld, delayed or conditioned; however, Landlord may withhold its consent to any alteration or addition that would adversely affect the Building's structure or adversely affect 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 consent shall not be unreasonably withheld with respect withheld, delayed or conditioned; however, Landlord may withhold its consent to proposed Alterations which: (1) comply with all applicable Regulations; (2) are, in Landlord's opinion, compatible with any such painting or installation which would affect the Building or appearance of 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 exterior of the Building or Project by of any other tenant or its invitees. Specifically, but without limiting the generality common areas 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 specificationsBuilding. All such Alterations shall remain alterations, additions, or improvements made in or upon 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 mayPremises shall, at Landlord's option, either be removed by Tenant prior to the end of the Term (and Tenant shall repair all damage caused thereby), or shall remain on the Premises at the end of the Term without compensation to Tenant. Whenever Tenant applies to Landlord for consent to a proposed alteration, addition or improvement that includes items in the nature of fixtures to real property, in connection with any consent that Landlord might give, Landlord shall advise Tenant by notice whether Landlord will require that Tenant to remove or to leave behind such items upon expiration of the Term. All alterations, additions, and improvements shall be constructed, maintained, and used by Tenant, at Tenant's its risk and expense, remove any or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with all applicable law, at Tenant's sole expense. 8.1.2 Notwithstanding the foregoing, at laws; Landlord's option (but without obligation), all or any portion approval of the Alterations plans and specifications therefor shall not be performed a representation 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) prior to commencement of the work. In additionthat such alterations, at Landlord's election and notwithstanding the foregoingadditions, however, Tenant shall pay to Landlord the cost of removing or improvements comply with any such 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 Leaselaw. 8.1.3 At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located.

Appears in 1 contract

Sources: Lease Agreement (Palatin Technologies Inc)

Improvements; Alterations. 8.1.1 Tenant shall not make, or allow to be made, any alterations, physical additionsExcept 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 partitions, including without limitation the attachment of any fixtures or equipment, in, about physical additions in or to the Premises ("Alterations") may be made without obtaining 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 consent shall not be unreasonably withheld with respect or delayed; however, Landlord may withhold its consent to proposed Alterations which: (1) comply with all applicable Regulations; (2) areany such painting or installation which would, in Landlord's sole opinion, compatible with affect the Building appearance of the exterior of the Complex 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 common areas 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 specificationsComplex. All such Alterations shall remain alterations, additions, or improvements made in or upon 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 mayPremises shall, at Landlord's option, require that Tenant, at Tenant's expense, remove any or all Alterations made either be removed by Tenant prior to the end of the Term (and restore Tenant shall repair all damage caused thereby), or shall remain on the Premises by at the end of the Term without compensation to Tenant. Notwithstanding anything to the contrary in this Section 6(a): (a) Tenant shall not be required to remove (i) any of the Work, or (ii) 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 expiration or earlier termination of this Lease; and (b) Tenant shall be entitled to remove furniture, to their condition existing prior to accessories, computers and other equipment, mounting racks and plants placed in the construction of any such AlterationsPremises by Tenant. All such removals alterations, additions, and restoration improvements shall be accomplished in a first-class constructed, maintained, and good used by Tenant, at its risk 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 propertyexpense, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. 8.1.2 Notwithstanding the foregoing, at all Laws (as defined in Section 23(s)); Landlord's option (but without obligation), all or any portion approval of the Alterations plans and specifications therefor shall not be performed a representation by Landlord that such alterations, additions, or improvements comply with any Law or are fit 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) 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 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 Leaseuse. 8.1.3 At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located.

Appears in 1 contract

Sources: Office Lease (Adesso Healthcare Technology Services Inc)

Improvements; Alterations. 8.1.1 Tenant Improvements to the Premises shall not makebe 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 allow to be made, any alterations, physical additions, improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about 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 ("AlterationsHVAC"), plumbing, electrical, or mechanical systems. Notwithstanding the foregoing, Tenant may from time to time make alterations, additions or improvements to the Premises, without the consent of Landlord and without Landlord's approval of plans, provided: (i) the cost thereof shall not exceed Twenty-Five Thousand Dollars ($25,000.00) (which Twenty- Five Thousand Dollars ($25,000.00) shall be exclusive of the cost of any decorative improvements (i.e., painting and carpeting) and any minor electrical --- alterations not affecting the base building electrical system) in the aggregate in any consecutive twelve-month period; (ii) except for such decorative improvements and minor electrical alterations, Tenant shall, prior to commencing any such alterations, additions and/or improvements in the Premises in connection therewith, furnish Landlord with a complete set of plans and specifications for any such alterations, additions and/or improvements; (iii) such alterations, additions and/or improvements shall not affect the exterior or the structure of the Building or have any adverse effect on any of the mechanical, electrical or plumbing systems of the Building; and (iv) Tenant shall comply with all requirements of this Lease with respect to such alterations, additions and/or improvements other than obtaining the prior approval of Landlord. Tenant shall not paint or install lighting or decorations, signs, window or door lettering, or advertising media of any type on or about the Premises which might affect the appearance of the exterior of the Building or any other portion of the Premises other than the interior of the Building without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld withheld, delayed or conditioned; however, Landlord may withhold its consent to any such painting or installation which would affect the appearance of the exterior of the Building. All alterations, additions, or improvements made in or upon the Premises shall be removed by Tenant prior to the end of the Term (and Tenant shall repair all damage caused thereby) if Landlord conditioned its consent to the initial installation of any such alterations, additions or improvements upon such removal; otherwise, in the absence of such a removal condition with respect to proposed Alterations which: (1) comply with all applicable Regulations; (2) areeach and every alteration, in Landlord's opinion, compatible with the Building addition 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 methodsimprovement, all appropriate permits such alterations, additions or improvements (excluding moveable partitions 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 or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other and personal property) shall remain on the Premises at the end of the Term without compensation to Tenant. All alterations, Landlord may keep additions, and use them or remove any of them improvements shall be constructed, maintained, and cause them to be stored or sold used by Tenant, at its risk and expense, in accordance with applicable law, at Tenant's sole expense. 8.1.2 Notwithstanding the foregoing, at all Laws; Landlord's option (but without obligation), all or any portion approval of the Alterations plans and specifications therefor shall not be performed a representation 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) prior to commencement of the work. In additionthat such alterations, at Landlord's election and notwithstanding the foregoingadditions, however, Tenant shall pay to Landlord the cost of removing or improvements comply with any such 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 LeaseLaw. 8.1.3 At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located.

Appears in 1 contract

Sources: Lease Agreement (Sycamore Networks Inc)

Improvements; Alterations. 8.1.1 Tenant shall not make, or allow to be made, any All alterations, improvements, betterments and other physical additions, improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about additions in or to the Premises ("collectively, “Alterations"”) shall be installed at Tenant’s expense only in accordance with plans and specifications that have been previously submitted to and approved by 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) 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 require to be removed prior to the expiration or earlier termination of this Lease). Tenant’s plans and 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 obtaining 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 therefor) shall not be unreasonably withheld constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with respect to proposed Alterations which: (1) comply sound architectural and/or engineering practices, or with all applicable Regulations; Laws, and Tenant shall be solely responsible for ensuring all such compliance. If, as a result of Tenant’s particular use of the Premises (2as opposed to a general office use) are, in Landlord's opinion, compatible with the Building or the Project and its mechanicalmaking of any Alterations to the Premises and/or installation of any Tenant Improvements pursuant to this Section 8(a), plumbingSection 25 below, electricalor the Tenant Work Letter, heating/ventilation/air conditioning systemsrespectively, and will not cause the Building any other alterations, improvements, betterments or Project or such systems to other 17 Second & Spring Avalara, Inc. physical additions shall be required to be modified made to any part of the Premises or the Project to comply with the requirements of any Regulations applicable Law, including the requirements of the Disabilities Act (including, without limitationas defined below), the Americans With Disabilities ActOccupational Safety & Health Administration (OSHA); and (3) , 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 interfere with affect the use and occupancy of any 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 portion of physical addition will affect the Building Building’s Structure or Project by any other tenant or its invitees. Specifically, but without limiting the generality of the foregoingBuilding’s Systems, Landlord shall have the right of written consent for all plans to perform such work 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 in an amount equal to Landlord’s reasonable, actual, out-of-pocket costs plus five percent (5%) for all costs overhead, which Landlord shall be payable within thirty (30) days of Landlord’s receipt of any invoice therefor, together with reasonable supporting evidence. Notwithstanding the foregoing provisions of this Section 8(a) to the contrary, Tenant may incur in connection with granting approval make non structural Alterations to Tenant for any Alterations beyond those originally agreed upon at the commencement interior of the LeasePremises (collectively, including any costs or expenses which Landlord may incur in electing the “Acceptable Changes” and individually, each an “Acceptable Change”) without Landlord’s consent, provided that, with respect to have outside architects and engineers review said plans and specifications. All each such Alterations shall remain the property of Acceptable Change: (A) Tenant until the expiration or earlier termination of this Lease, at which time they shall be and become the property of Landlord; provided, however, that Landlord may, at Landlord's option, require that Tenant, at Tenant's expense, remove any or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, delivers to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. 8.1.2 Notwithstanding the foregoing, at Landlord's option (but without obligation), all or any portion of the Alterations shall be performed by Landlord for Tenant's account and Tenant shall pay Landlord's estimate of the cost thereof (including a reasonable charge for Landlord's overhead and profit) 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 Alterations and restoring the Premises to their original condition such cost to include a reasonable charge for Landlord's overhead and profit as provided above, and such amount may be deducted from the Security Deposit or any other sums or amounts held by Landlord under this Lease. 8.1.3 At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of such Acceptable Change at least fifteen (15) days prior to the expected commencement date thereof; (B) the aggregate cost of such Acceptable Change along with all other Acceptable Changes during any 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 or 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 qualified contractors and subcontractors that construction to permit Landlord to post normally 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 regularly perform similar work in the office of the recorder of the county in which the Building is locatedComparison Buildings.

Appears in 1 contract

Sources: Lease Agreement (Avalara Inc)

Improvements; Alterations. 8.1.1 Tenant a) Lessee shall not make, make or allow to be made, permit any alterations, physical additions, alterations or improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about or to the Premises ("Alterations") without obtaining weaken the structural strength, lessen the value of, or change the architectural appearance of the building or other construction except with the prior written consent of Landlord▇▇▇▇▇▇. Lessor may, which as a further condition to giving consent shall not be unreasonably withheld thereto, require Lessee to post bond with respect ▇▇▇▇▇▇ in the sum equal to proposed Alterations which: (1) comply with all applicable Regulations; (2) areestimated cost of said alteration, in Landlord's opinionaddition, compatible with or improvements securing the Building Lessor against loss, claim 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 leans by reason 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 specificationsinstallation thereof. All such Alterations shall remain the property of Tenant until the expiration alterations, additions, or earlier termination of this Lease, at which time they shall be and become the property of Landlord; provided, however, that Landlord may, at Landlord's option, require that Tenant, at Tenant's expense, remove any or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage improvements to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep shall be done in a workmanlike manner and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. 8.1.2 Notwithstanding shall remain for the foregoing, at Landlord's option (but without obligation), all or any portion benefit of the Alterations Lessor. Lessee 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) prior to commencement of the work. In addition, give Lessor written notice at Landlord's election and notwithstanding the foregoing, however, Tenant shall pay to Landlord the cost of removing any such Alterations and restoring the Premises to their original condition such cost to include a reasonable charge for Landlord's overhead and profit as provided above, and such amount may be deducted from the Security Deposit or any other sums or amounts held by Landlord under this Lease. 8.1.3 At least ten (10) business days before beginning construction in advance of the commencement of any Alterationalteration, Tenant shall give Landlord written addition or improvement upon the Premises so Lessor may post appropriate notice of non- responsibility. b) If applicable, the expected commencement date following conditions must be satisfied prior to occupancy of the Premises. i) ▇▇▇▇▇▇ has reimbursed to Lessor all costs for and related to the improvements and alterations on the Premises, as stipulated in Attachment C of this Lease. Full reimbursement of proven and identifiable costs (by invoice or otherwise) is due within 30 days of ▇▇▇▇▇▇'s presenting ▇▇▇▇▇▇ with reimbursement request. These costs include, but are not limited to, architect and engineer consulting costs, inspector, all applicable city, county and state fees. ▇▇▇▇▇▇ and ▇▇▇▇▇▇ agree that construction any change in scope of work or otherwise to permit Landlord the plan shall be agreed upon prior to post and record a notice of non-responsibility. Upon substantial completion of construction, if including the law so provides, Tenant shall cause a timely notice of completion to be recorded change in the office 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 recorder other insurance matters described in said Paragraph 22 of this Lease. c) All construction shall be conducted under the county in which the Building is locateddirect supervision of ▇▇▇▇▇▇. Lessor will comply with all laws and regulations applicable to such improvements, including but not limited to building codes, fire codes, handicapped access and other federal, state and local laws.

Appears in 1 contract

Sources: Lease Agreement

Improvements; Alterations. 8.1.1 Tenant shall not make, or allow Tenant's final MENTS; ------------------------- ALTERATIONS; improvements as depicted in the plans (the "Final REPAIRS; Plans") to be approved by Landlord and Tenant, such MAINTENANCE approval not to be unreasonably withheld, shall be completed by Tenant; provided, however, that the Fixed Construction allowance shall be paid to Tenant upon completion of its leasehold improvements as provided in Exhibit D attached hereto. 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, any alterations, no material alterations or physical additions, improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about additions in or to the Premises ("Alterations") may be made without obtaining Landlord's prior written consent. Tenant shall not install 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, which consent 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 not be unreasonably withheld with respect to proposed Alterations which: (1) comply with all applicable Regulations; (2) are, in Landlord's opinion, compatible with property at 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 end of the Building or Project by any other tenant or its invitees. Specifically, but Term and shall remain on the Premises without limiting the generality of the foregoing, compensation to Tenant unless Landlord shall have the right of has given prior written consent for all removal in the Final Plans. 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, Tenant shall be responsible for the proposed Alterations, construction means and methods, cost of all appropriate permits and licenses, any contractor or subcontractor work required to be employed on bring the work interior of Alterationsthe Premises into compliance with the retrofit requirements of the Americans with Disabilities Act of 1990, and the time for performance of such workall rules, regulations, and guidelines promulgated thereunder, as the same may impose rules and regulations for contractors and subcontractors performing such work. 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 shall also supply to Landlord any documents and information reasonably requested or by Tenant's use of the Premises (other than retrofit work whose cost has been particularly identified as being payable 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 an instrument signed by Landlord and Tenant), regardless 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 whether such cost is incurred in connection with granting approval to Tenant for any Alterations beyond those originally agreed upon at retrofit work required in the commencement Premises (including the Work described in Exhibit D) or in other areas 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 or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expenseBuilding. 8.1.2 Notwithstanding the foregoing, at Landlord's option (but without obligation), all or any portion of the Alterations shall be performed by Landlord for Tenant's account and Tenant shall pay Landlord's estimate of the cost thereof (including a reasonable charge for Landlord's overhead and profit) 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 Alterations and restoring the Premises to their original condition such cost to include a reasonable charge for Landlord's overhead and profit as provided above, and such amount may be deducted from the Security Deposit or any other sums or amounts held by Landlord under this Lease. 8.1.3 At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located.

Appears in 1 contract

Sources: Lease Agreement (Intira Corp)

Improvements; Alterations. 8.1.1 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 not makecomplete 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 allow to be madeconducts business from, any alterationsthe Premises, or (2) the date which is sixty (60) days after the Commencement Date. No alterations or physical additions, improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about 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 ("Alterations"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 obtaining 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 consent shall not be unreasonably withheld with respect or delayed; provided, however, Landlord may withhold its consent to proposed Alterations which: (1) comply with all applicable Regulations; (2) are, in Landlord's opinion, compatible with the Building any painting 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 installation (including, without limitation, signage and awnings) which would affect the Americans With Disabilities Act); and (3) will not interfere with appearance of the use and occupancy of any other portion exterior of the Building or Project by of any other tenant Common Area of the Building or its inviteeswhich are visible from the street. Specifically, but without limiting the generality of Notwithstanding 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 but subject 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 (a) Landlord's consideration approval which shall not be unreasonably withheld or delayed, (b) the approval of a request for 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 hereunder. Tenant shall cause all Alterations to be accomplished in a good and workmanlike mannerof any person or entity (other than Landlord), and to comply with all applicable Regulations. Tenant shall whose approval is required by the Declaration of Covenants, Landlord will install, at Tenant's sole expense, perform any additional work required under applicable Regulations due or may permit Tenant to install, signage for the Alterations hereunder. No review or consent by Landlord of or to any proposed Alteration or additional work shall constitute a waiver operation 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 business at the commencement Building of the Leasefollowing nature, including type and location (i) an identification plaque at the Michigan/▇▇▇▇▇▇ corner approximately 36 inches by 22 inches of 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) 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 costs colored, flashing or expenses which Landlord may incur in electing to have outside architects and engineers review said plans and specificationsneon light. All such Alterations shall remain the property of Tenant until the expiration or earlier termination of this Lease, at which time they signage shall be mutually acceptable to Landlord and become Tenant and must be consistent in all respects with the property signage of Landlord; providedother tenants of the Retail Parcel. All alterations, howeveradditions, that Landlord mayor improvements made in or upon the Premises shall, at Landlord's option, require that Tenant, at Tenant's expense, remove any or all Alterations made either be removed by Tenant prior to the end of the Term (and restore Tenant shall repair all damage caused thereby), or shall remain on the Premises by at the end of the Term without compensation to Tenant. In the event Tenant desires to leave any of its alterations, additions or improvement on the Premises at the time of expiration or earlier sooner termination of this Lease, Tenant shall send written notice to their condition existing Landlord requesting the same prior to the construction installation of any such Alterations. All such removals alterations, additions or improvements and restoration Landlord shall be accomplished determine, 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 propertywriting, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. 8.1.2 Notwithstanding the foregoing, at Landlord's option (but without obligation), all or any portion of the Alterations shall be performed by Landlord for Tenant's account and Tenant shall pay Landlord's estimate of the cost thereof (including a reasonable charge for Landlord's overhead and profit) 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 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 within ten (10) business days before beginning construction after receipt of any AlterationTenant's request, whether Tenant shall give Landlord written notice be allowed 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 improvements shall be constructed, maintained, and used by Tenant, at its risk and expense, in accordance with all Laws. Landlord's approval of the expected commencement date of plans and specifications therefor shall not be a representation by Landlord that construction such alterations, additions, or improvements comply with any law. Nothing contained herein shall be construed as to permit Landlord 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 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 locatedthis Section 6.1.

Appears in 1 contract

Sources: Lease Agreement (Privatebancorp Inc)

Improvements; Alterations. 8.1.1 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 make, be unreasonably withheld or allow to be delayed. After the initial Tenant improvements are made, any alterations, no alterations or physical additions, improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about additions in or to the Premises ("Alterations") may be made without obtaining 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, which . Landlord agrees not to unreasonably withhold or delay its consent shall not be unreasonably withheld with respect to proposed Alterations which: such items that are not visible from the exterior of the Premises. All alterations, additions, or improvements (1whether 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) comply with all applicable Regulations; (2) aremade in or upon the Premises, in either by Landlord or Tenant, shall be Landlord's opinion, compatible with property at the Building or end of the Project Term and its mechanical, plumbing, electrical, heating/ventilation/air conditioning systems, and will not cause shall remain on the Building or Project or such systems Premises without compensation 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 Tenant. Approval by Landlord 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 Tenant's drawings and 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 prepared in connection with Landlord's consideration any improvements in the Premises shall not constitute a representation or warranty 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 Landlord as to the Alterations hereunder. No review adequacy or consent by Landlord sufficiency 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 Leasesuch drawings, including any costs or expenses which Landlord may incur in electing to have outside architects and engineers review said 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. All such Alterations shall remain the property of Tenant until the expiration or earlier termination of Notwithstanding anything in this Lease, at which time they shall be and become the property of Landlord; provided, however, that Landlord may, at Landlord's option, require that Tenant, at Tenant's expense, remove any or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior Lease to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage contrary, with respect to the Premises or Project whatsoeverTenant 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 (collectively, the "ADA"). If Tenant fails Landlord shall be responsible for complying with the ADA with respect to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. 8.1.2 Notwithstanding the foregoing, at Landlord's option (but without obligation), all or any portion common areas 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) 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 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 LeaseBuilding. 8.1.3 At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located.

Appears in 1 contract

Sources: Service Agreement (American Physician Partners Inc)

Improvements; Alterations. 8.1.1 Improvements to the Premises shall be installed at the expense of Tenant shall not make, or allow only in accordance with plans and specifications which have been previously submitted to be and approved in writing by Landlord. After the initial Tenant improvements are made, any alterations, no alterations or physical additions, improvements or partitions, including without limitation the attachment of any fixtures or equipment, in, about additions in or to the Premises ("Alterations") may be made without obtaining ▇▇▇▇▇▇▇▇'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, which consent 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 Tenn and shall remain on the Premises without compensation to Tenant. Approval by Landlord of any of Tenant's drawings and plans and specifications prepared in connection with any improvements in the Premises shall not be unreasonably withheld with respect constitute a representation or warranty of Landlord as to proposed Alterations which: (1) comply with all applicable Regulations; (2) arethe adequacy or sufficiency of such drawings, in Landlord's opinionplans and specifications, compatible with the Building or the Project and its mechanicalimprovements to which they relate, plumbingfor any use, electricalpurpose, heating/ventilation/air conditioning systemsor condition, and will not cause but such approval shall merely be the Building or Project or such systems 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 be modified to comply with any Regulations (including, without limitation, the retrofit requirements of the Americans With with Disabilities Act); Act of 1990, and (3) will not interfere with all rules, regulations, and guidelines promulgated thereunder, as the same may be amended from time to time, necessitated by any installations, additions, or alterations made in or to the premises at the request of or by Tenant or by ▇▇▇▇▇▇'s use and occupancy of any other portion of the Building or Project by any Premises (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 than retrofit 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 whose cost has been particularly identified as being payable 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 an instrument signed by Landlord and Tenant), regardless 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 whether such cost is incurred in connection with granting approval to Tenant for any Alterations beyond those originally agreed upon at retrofit work required in the commencement Premises (including the Work described in Exhibit D) or in other areas 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 or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expenseBuilding. 8.1.2 Notwithstanding the foregoing, at Landlord's option (but without obligation), all or any portion of the Alterations shall be performed by Landlord for Tenant's account and Tenant shall pay Landlord's estimate of the cost thereof (including a reasonable charge for Landlord's overhead and profit) 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 Alterations and restoring the Premises to their original condition such cost to include a reasonable charge for Landlord's overhead and profit as provided above, and such amount may be deducted from the Security Deposit or any other sums or amounts held by Landlord under this Lease. 8.1.3 At least ten (10) business days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located.

Appears in 1 contract

Sources: Lease Agreement (Jayhawk Acceptance Corp)