Common use of Improvements Clause in Contracts

Improvements. Grantee shall take, in a timely manner, all actions necessary and proper to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fire.

Appears in 7 contracts

Samples: Easement Agreement, Easement Agreement, Easement Agreement

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Improvements. Grantee shall take, in a timely manner, all actions necessary and proper to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee Xxxxxxx must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx mark all Other Improvements on the Plans and Specifications and xxxx mark such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fire.

Appears in 2 contracts

Samples: Sidewalk Construction and Maintenance Agreement, Construction and Maintenance Agreement

Improvements. Grantee Landlord agrees that Tenant shall takehave the exclusive right to, and may from time to time, at its sole cost and expense: (i) make, erect, place and construct on all or any part of the Leased Premises (including, without limitation, the subsurface thereof) such buildings, structures and other improvements and fixtures as Tenant may deem necessary or convenient in connection with the Permitted Use of the Leased Premises including, without limitation, subsurface wellbores; and (ii) make such alterations, demolitions, additions, modifications, and changes, structural or otherwise, in any and all such improvements and fixtures on the Leased Premises (including, without limitation, the subsurface thereof) as it deems necessary or desirable in connection with the Permitted Use. Tenant shall have the right to remove any improvements, fixtures and equipment (including, without limitation, well casings) remaining on or under any Site at any time during this Lease and for a timely manner, all actions necessary and proper to period ending six (6) months after the lawful establishment, construction, operation, and maintenance expiration of the ImprovementsTerm as to such Site; provided, including however, that upon written notice from Landlord, Tenant shall remove any such actions improvements within said 6-month period (or longer as may be reasonably necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee applicable Laws) and local laws return the Site to dressed dirt condition and regulations as otherwise required pursuant to applicable Laws. Any improvements remaining on such Site thereafter (with the exception only of movable trade fixtures, furniture, and other movable personal property) will be considered improvements to and become a part of the real estate of the Landlord, and the Tenant shall not have the obligation to remove the same nor to restore such Site to its original condition. Notwithstanding the above, Tenant will comply with all Laws regulating cessation of oil and gas operations, plugging and abandoning oil and gas xxxxx and restoration of the Site. Tenant covenants that any improvement erected by it and all hazard alterations, additions and changes made by it in such improvements will be done, erected or made in a good and workmanlike manner. Tenant shall have no right, power or authority to create, cause or allow any lien of fireany kind against the fee title of Landlord in and to the Leased Premises. Nothing in this Lease shall be deemed in any way (i) to constitute Landlord’s consent or request, express or implied, that any contractor, subcontractor, laborer or materialman provide any labor or materials for any alteration, addition, improvement or repair to any or all of the Leased Premises, or (ii) to give Tenant any right, power or authority to contract for or permit to be furnished any service or materials, if doing so would give rise to the filing of any mechanics’ or materialman’s lien against any or all of Landlord’s fee estate in the Land, or (iii) to evidence Landlord’s consent that Landlord’s fee estate in the Land be subjected to any such lien. If any third party files notice of such a lien against the fee title of Landlord for work or materials provided to or for Tenant, Tenant shall cause same to be discharged by payment or bonding within thirty (30) days after Tenant’s receipt of written notice of such filing from Landlord. Subject to the foregoing, on the last day of the Term as to any Site, or upon the earlier termination of this Lease as to any Site, Tenant shall leave, surrender and yield to Landlord such Site in good order and repair, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Ground Lease Agreement, Ground Lease Agreement (Apple REIT Nine, Inc.)

Improvements. Grantee Should Tenant install air conditioning or other equipment on the roof of the Demised Premises, Tenant shall takeassume primary responsibility for the maintenance and repair of the roof and such installation, operation and maintenance shall be made in a timely mannersuch manner that the right of Landlord under any roofing bond then in force shall not be affected. Within twenty days from the date this Lease is executed by Landlord and Tenant and before any of Tenant's work is started, Tenant shall submit for Landlord's approval detailed plans and specifications for all actions necessary and proper Tenant's work, which must include the extent such work will require mechanical or electrical installations which will be connected to utilities furnished by Landlord or will affect the exterior appearance of the Demised Premises or its structural, mechanical or electrical components. All improvements, additions or fixtures that may be made or installed on the premises by either party (including floor coverings cemented or otherwise affixed to the lawful establishmentfloor) shall be the property of the Landlord. Tenant shall not make any structural alterations in or additions to the Demised Premises. If alterations become necessary because of the application of laws or ordinances or of the directions, constructionrules or regulations of any regulatory body to the business carried on by the tenant or because of any act of default on the part of the Tenant or because Tenant has overloaded any electrical or other facility, operationTenant shall make any required alterations whether structural or non-structural at its own cost and expense after first obtaining Landlord's written approval of plans and specifications and furnishing to Landlord such indemnification against liens, costs, damages and expenses as Landlord may reasonably require. All improvements shall be in accordance with all Federal, State and Local regulations and codes and will not commence prior to obtaining all applicable permits. Tenant shall not place or suffer to be placed or maintained on any exterior door, roof, wall or window of the Complex or demised premises including the storefront or any other part of the Demised Premises visible from any part of the common area any sign, awning or canopy, or advertising matter or other thing of any kind, and maintenance will not place or maintain any decoration, lettering or advertising matter on the glass of any window or door of the Improvementsdemised premises without first obtaining Landlord's written approval and consent. Landlord agrees to grant approval of any sign which is in conformity with the sign criteria for the Complex prepared by Landlord's architect. Tenant further agrees to maintain such sign, including such actions awning, canopy, decoration, lettering, advertising matter or other thing as may be necessary approved in good condition and repair at all times and to obtain remove the same at the end of the term if requested by Landlord to do so. Upon removal thereof Tenant agrees to repair any required permitsdamage to the premises caused by such installation. Landlord shall have at all times a valid lien for all rentals and other sums of money becoming due hereunder from the Tenant upon all goods, approvals wares, equipment, fixtures, furniture and other personal property of Tenant situated on the premises without liability for trespass or authorizations from applicable governmental authoritiesconversion, and sell the same with or without notice at public or private sale, with or without having such property at the sale, at which Landlord or its assigns may purchase, and apply the proceeds thereof, less any all expense connected with the taking of possession and sale of the property, and as a credit against any sums due by Tenant to Landlord. Any surplus shall be paid to Tenant, and all cuts and fillsTenant agrees to pay any deficiency forthwith. Alternatively, excavations or embankments necessary the lien hereby granted may be foreclosed in the construction, maintenance, manner and form provided by law or future alteration of the Improvements shall be made in any form provided by law. Tenant agrees to execute such Financing Statements and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains other documents as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along required by the premises commercial Code of the Grantor, such extensions to be of adequate sectional dimensions state in which the demised premises are located in order to preserve the present flowage priority of drainage the lien created. The statutory lien for rent is not hereby waived, the express contractual lien herein granted being in addition and supplementary thereto. Landlord agrees to subordinate the lien granted herein to a third party institutional lender financing tenants inventory as well as specific equipment listed on Exhibit A. Upon expiration of the term of this Lease Tenant agrees to promptly remove its personal property, trade fixtures and signs and upon Tenant's failure to do so, the said fixtures, signs and property shall be deemed abandoned by Tenant and shall become the property of the Landlord. The Landlord shall not be liable for trespass, conversion or other watersnegligence by reason of its acts or acts of anyone claiming under it or by reason of the negligence of any person with respect to the acquisition and/or disposition of such property. Tenant agrees that it will repair any damage done to the premises by the installation and/or removal of its trade fixtures and signs, and upon failure of materials and workmanship equally as good as those now existing. In Tenant to do so promptly at the event any construction, repair, maintenance, work or other use end of the Premises term Tenant agrees to pay Landlord any cost incurred by Grantee will affect any LinesLandlord in making such repairs or affecting such removal. Notwithstanding anything contained herein to the contrary, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will all renovations that have been approved by Landlord may be responsible at Grantee’s sole risk to locate left in the approved state and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) end of the Other Improvements notifying them lease. Furthermore Tenant shall have the option to repair any equipment , fixtures, etc., in good working order , in leu of replacing any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep of the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fire.

Appears in 2 contracts

Samples: Business Lease (Amazon Herb Co), Business Lease (Amazon Herb Co)

Improvements. Grantee The Tenant will not make any repairs, alterations, replacements, decorations or improvements to any part of the Leased Premises without first obtaining the Landlord’s prior written approval which approval shall takenot be unreasonably withheld or delayed. The Tenant shall submit to the Landlord details of the proposed work, such indemnification against liens, costs, damages and expenses as the Landlord shall require and evidence satisfactory to the Landlord that the Tenant has obtained, at its sole expense, all necessary consents, licences and approvals from all governmental authorities having jurisdiction. All such repairs, replacements, alterations, decorations or improvements by the Tenant to the Leased Premises approved of by the Landlord shall be at the sole cost of the Tenant, shall be performed by competent workmen in a timely manner, all actions necessary good and proper workmanlike manner and shall be subject to the lawful establishment, construction, operation, and maintenance reasonable supervision of the ImprovementsLandlord. Any such repairs, including such actions replacements, alterations, decorations or improvements made by the Tenant without the prior written consent of the Landlord, or, which are not in accordance with the drawings and specifications approved by the Landlord, as aforesaid, shall, if requested by the Landlord, be promptly removed by the Tenant at its expense and the Leased Premises restored to their previous condition. Provided, notwithstanding anything herein contained, no repair, replacement, alteration, addition, or improvement to the Leased Premises by or on behalf of the Tenant shall be permitted which may be necessary to obtain any required permitsweaken or endanger the structure or adversely affect the condition or operation of the Leased Premises or the Building or diminish the value thereof, approvals or authorizations from applicable governmental authoritiesrestrict or reduce the Landlord’s coverage for zoning purposes. Any and all cuts and fillsrepairs, excavations replacements, alterations, additions or embankments necessary in improvements to the construction, maintenance, or future alteration Leased Premises which may affect the structure of the Improvements Leased Premises or any part of the Building or which are to be installed outside the Leased Premises, shall be made performed only by the Landlord at the Tenant’s sole cost and maintained in expense and upon such manner, form other terms and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains conditions as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along imposed upon the premises of Tenant by the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireLandlord.

Appears in 2 contracts

Samples: Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.)

Improvements. Grantee The Borrower, at its own expense, shall takeaffix or install any accessory, in a timely mannerequipment or device to or on the Airframe or an Engine or make such alterations, all actions necessary modifications and proper additions to the lawful establishmentAirframe or the Engines (any such accessory, constructioninstalled equipment or device, operationimprovement, and maintenance of the Improvementsmodification, including such actions alteration or addition affixed or installed pursuant to this paragraph being herein referred to as an "IMPROVEMENT") as may be necessary required from time to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in time to meet the construction, maintenance, or future alteration standards of the Improvements shall be made FAA or other governmental authority having jurisdiction and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite required to preserve such natural permit the full and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other unrestricted use of the Premises Aircraft in the service now and from time to time provided by Grantee will affect any Linesthe Borrower, fences, buildings, improvements including but not limited to operating noise level standards or other facilities (collectivelystandards under the regulations of the FAA for which compliance is required. In addition, "Other Improvements")the Borrower, Grantee will be responsible at Grantee’s sole risk its own expense, may from time to locate time make such Improvements to the Airframe or any Engine as the Borrower may deem desirable in the proper conduct of its business; PROVIDED, HOWEVER, that no such Improvement shall diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and make any adjustments necessary airworthiness thereof immediately prior to such Other Improvements. Grantee must contact Improvement assuming the owner(s) Airframe or any such Engine was then of the Other value or utility and in the condition and airworthiness required to be maintained by the terms of this Agreement. All Parts constituting Improvements notifying them shall, without further act, become subject to Bank's security interest. Notwithstanding the foregoing sentence of this paragraph, so long as no Default or Event of Default shall have occurred and be continuing, the Borrower may, at any time, remove any Improvement; PROVIDED, HOWEVER, that (i) such Improvement is in addition to, and not in replacement of or substitution for, any Part originally incorporated or installed in or attached to the Airframe or such Engine or any Improvement in replacement of, or substitution for any such Improvement, (ii) such Improvement is not required to be incorporated or installed in or attached or added to the Airframe or any such Engine pursuant to the terms of this Section, and (iii) such Improvement can be removed from the Airframe or such Engine without diminishing or impairing the value, utility, condition or airworthiness required to be maintained by the terms of this Agreement which the Airframe or such Engine would have had at such time had such alteration, modification or addition not occurred. Upon the removal by the Borrower of any work that may damage these Other Improvements and/or interfere with their service Improvement as above provided, Bank's security interest in such Improvement shall, without further act, be released and obtain such Improvement shall no longer be deemed part of the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on Airframe or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear Engine from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of firewhich it was removed.

Appears in 2 contracts

Samples: Aircraft Loan Agreement (Hawaiian Airlines Inc/Hi), Aircraft Loan Agreement (Hawaiian Airlines Inc/Hi)

Improvements. Grantee Work performed by Subtenant, if any, shall takecomply with the terms of the Prime Lease and all applicable laws, ordinances and regulations and shall be completed in a timely first-class workmanlike manner, free from all actions necessary and proper defects. All such work by Subtenant shall be subject to the lawful establishmentprior written consent of the Sublandlord which consent may be granted or withheld in Sublandlord’s sole discretion. The above notwithstanding, constructionSubtenant shall not make any structural alterations to the exterior of the Subleased Premises. Subtenant shall be solely responsible for the cost and performance of any improvements to the Subleased Premises required after the Sublease Start Date in order to comply with governmental ordinances or regulations which remain or become effective after the Sublease Start Date provided such improvements are required as a result of Subtenant’s use and occupancy of the Subleased Premises and are not required (or their installation triggered by) (i) work to be performed by Landlord under the Prime Lease or (ii) work required to be performed under the terms of this Sublease Agreement, operationby Sublandlord in or in connection with the Unimproved Space (as defined below), and maintenance provided Sublandlord shall not be required to make such improvements if Subtenant would be required to make improvements as a direct Tenant of Landlord. The cost of any other improvements beyond what has been described in this Section 8 or is mutually agreed to by Sublandlord and Subtenant will be borne by Subtenant and subject to the Prime Lease. Sublandlord represents and warrants to Subtenant that to its knowledge, the Subleased Premises are as of the Improvementsdate hereof in material compliance with all applicable laws, including ordinances and regulations. Subtenant shall not permit any mechanics’ liens to remain filed against the Subleased Premises for any work performed or materials furnished in connection with Subtenant’s work. If such actions as may a lien is filed, Subtenant, within ten (10) days of its receipt of such notice of the lien filing, shall either pay the amount of the lien or bond off and diligently contest such lien. Subtenant shall be necessary permitted at no additional cost to obtain Subtenant, during the initial term of this Sublease and any required permitsextension periods contained herein, approvals or authorizations from applicable governmental authorities. Any to use all of the modular workstations and all cuts and fills, excavations or embankments necessary of the furniture located in the construction, maintenance, or future alteration Subleased Premises and used by Sublandlord during the period of time in which Sublandlord was in possession of the Improvements Subleased Premises. During the initial term of this Sublease and any extension periods contained herein, Subtenant shall further be permitted, at no additional cost to Subtenant, to use the audiovisual equipment located in the boardroom of the Subleased Premises. An inventory list of such modular workstations, furniture, and audiovisual equipment, which Subtenant may use pursuant to and under the terms of this Section 8, is attached hereto and made a part hereof as Exhibit E. The above notwithstanding, any modular workstations, furniture, audiovisual equipment or other items used by Subtenant pursuant to this Section 8 and listed on Exhibit E (including modular workstations, furniture and/or any other items in the Expansion Premises (as defined herein)) shall be made and maintained in such manner, form and extent as will provide adequate drainage remain the property of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, Sublandlord and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, not be removed by Subtenant unless Sublandlord otherwise directs Subtenant to remove such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existingitems. In the event that Subtenant shall exercise its Expansion Option (as defined herein) or its Right of First Offer (as defined herein), Sublandlord shall deliver that portion of the Expansion Premises located in the Xxxx Building that are on the date hereof improved, substantially in accordance with Section 1(b) above (the “Improved Space”); and that portion of the Expansion Premises located in the Xxxx Building that are on the date hereof unimproved (the “Unimproved Space”), in accordance with the plans and specifications attached hereto as Exhibit F. Subtenant shall be permitted, at no additional cost to Subtenant, during the initial term of this Sublease and any constructionextension periods contained herein, repairto use all of the modular workstations and all of the furniture located in the Expansion Premises and used by Sublandlord during the period of time in which Sublandlord was in possession of the Expansion Premises. The modular workstations and furniture in that portion of the Expansion Premises located in the Cascade Building shall be the same as the modular workstations and furniture in the Subleased Premises. In addition, maintenancethe modular workstations and furniture in the Improved Space shall be in quality and appearance substantially similar to provided in the subleased premise; provided however the modular workstations and furniture in the Unimproved Space shall be in quality and appearance in the form as approved by Sublandlord and Subtenant on April 21, 2004 and as identified on the layout plan attached hereto as Exhibit H. The parties agree that Sublandlord shall provide an inventory list to Subtenant to be attached to this Sublease as an Addendum, listing all of the modular workstations and furniture located in the Expansion Premises, which Subtenant may use pursuant to and under the terms of this paragraph. All work or performed by Sublandlord in the Unimproved Space and any other use portion of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact shall comply with the owner(s) terms of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service Prime Lease and obtain the owner’s written approval prior to so affecting the Other Improvementsall applicable laws, ordinances and regulations and shall be completed in a first-class workmanlike manner, free from all material defects. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee Sublandlord agrees to keep Subtenant advised of the above-described premises commencement and progress of all such work (in writing if reasonably requested by Subtenant). If Subtenant is to occupy the Expansion Premises, Sublandlord shall deliver the same free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any mechanics’ liens and all hazard of fireother claims, charges and encumbrances.

Appears in 2 contracts

Samples: Agreement of Sublease (Under Armour, Inc.), Agreement of Sublease (Under Armour, Inc.)

Improvements. Grantee shall takeLandlord will, at its sole expense and using contractors of its ------------ choice, make improvements ("Improvements") to the Premises as specified in a timely mannerExhibit C attached hereto and incorporated herein by this reference. Tenant --------- has delivered to Landlord, and Landlord has approved, its final plans with detailed specifications and listing of finish materials, all actions necessary and proper of which have been approved by Tenant. Notwithstanding anything in this Lease to the lawful establishmentcontrary, constructionif Tenant fails to provide Landlord with such final plans, operationspecifications, and maintenance finish material approved by Tenant on or before the date specified for such delivery, or if Tenant changes any of the plans, specifications or finish materials then the Commencement Date shall be the Anticipated Completion Date as hereafter set forth, or the date of Landlord's notification to Tenant of Substantial Completion (as hereinafter defined) of the Improvements, or the date on which Tenant takes possession of the Premises, whichever shall first occur. Upon Landlord's approval (which shall not be unreasonably withheld or delayed) of such final plans and specifications including finish materials approved by Tenant, and upon Landlord's approval of the same, Landlord shall diligently undertake to construct the Improvements in accordance with such actions final plans, specifications and finish materials as approved by Landlord and Tenant (collectively referred to as "Final Plans"). All such construction shall be performed with due diligence and in substantial accordance with the Final Plans. Landlord agrees to use all commercially reasonable efforts to substantially complete the Improvements by April 24, 1995 ("Anticipated -------------- Completion Date"), but without any warranty as to when such Improvements shall be substantially completed.Should Landlord not so substantially complete the Improvements by May 31, 1995 and Tenant has not made any changes to Final Plans after March 15, 1995, then Tenant may cancel this Lease by providing Landlord within (10)days written notice. Landlord's obligation to construct the Improvements is specifically subject to any changes or other requirements of or imposed by all applicable governmental body(ies), agency(ies) and/or utility(ies); Landlord shall notify Tenant of any such changes and/or requirements promptly after Landlord becomes aware of the same. Any improvements to the Premises not expressly shown or stated in the Final Plans shall be made by Tenant at its sole cost and expense in accordance with Paragraph 11 of this Lease; provided, however, that notwithstanding anything in this Lease to the contrary, any delay in Landlord's construction of the Improvements caused in whole by Tenant and which are not caused by Tenant within one (1) day of written notice thereof by Landlord including, but not limited to, delays caused by additional improvements made or any changes requested by Tenant, shall not delay the Commencement Date of this Lease, and Substantial Completion, as hereinafter defined, for purposes of determining the Commencement Date of this Lease, shall be at such time as the Improvements would have been Substantially Complete absent such additional improvements made or changes requested by Tenant. It is understood that the Final Plans and the exact location of doors, walks, lighting, plumbing and all other facilities and improvements are subject to such minor changes as Landlord, or Landlord's architect or general contractor in charge of the construction of the improvements, determine to be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary desirable in the constructioncourse of construction of or to the Premises, maintenanceand no such changes shall affect this Lease or constitute a breach by Landlord hereunder. If, upon substantial completion of Improvements and tender of the Premises to Tenant for occupancy, such Improvements do not conform exactly to the Final Plans, but the general appearance, structural integrity and Tenant's use and occupancy of the Premises, the Building and such Improvements are not materially or future alteration of unreasonably affected by such deviation(s), it is agreed that the Improvements shall be made deemed "Substantially Complete" for purposes of this Lease, and maintained in Tenant's obligation to pay Rent hereunder shall not be affected by such mannerdeviation(s). In such event, form Tenant agrees to accept the Premises and extent such Improvements as will provide adequate drainage of and so constructed by Landlord. However, notwithstanding the above, Tenant shall have twenty (20) days from the adjoining lands date of Substantial Completion to provide Landlord with a list of items requiring repair or replacement. Upon Landlord's receipt of such list, Landlord shall proceed to correct such "punch list" items with due diligence and premises of in a manner designed to cause the Grantor; least possible interruption to Tenant and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other Tenant's use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of firePremises.

Appears in 2 contracts

Samples: Office Lease (Actuate Software Corp), Office Lease (Actuate Software Corp)

Improvements. Grantee Subject to Section 7.3 of the Sublease, Subtenant shall take, in a timely manner, all actions necessary and proper not make any improvements or alterations to the lawful establishmentSubleased Premises without the prior written consent of Sublandlord and Master Landlord; provided, constructionhowever, operationno prior consent of Sublandlord shall be required for any alterations which are non-structural in nature, do not adversely affect the Building systems and do not exceed $25,000.00 in any year. Subtenant shall present to Sublandlord in written form detailed plans for any proposed improvements or alterations. All consents given by Sublandlord shall be deemed conditioned upon (i) the consent of the Master Landlord, (ii) Subtenant’s acquiring all applicable permits required by governmental authorities, (iii) the furnishing of copies of such permits together with a copy of the plans and specifications for such improvements or alterations to Sublandlord prior to the commencement of the work thereon, and maintenance (iv) the compliance by Subtenant with all conditions of said permits. Sublandlord shall indicate in writing whether any proposed alterations shall be required to be removed at the expiration of the Improvements, including Term at the same time Sublandlord gives its consent to such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existingalterations. In the event any constructionthat Subtenant requests Sublandlord’s consent and Sublandlord fails to indicate whether such removal shall be required at the time of its consent, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, Sublandlord shall be conclusively deemed to have waived its right to require such removal. Any improvements or other facilities (collectively, "Other Improvements"), Grantee will alterations done by Subtenant during the Term of this Sublease shall be responsible at Grantee’s sole risk to locate done in a good and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere workmanlike manner with their service good and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx sufficient materials and in compliance with all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may existapplicable laws. The Grantee agrees Subtenant shall promptly upon the completion thereof furnish Sublandlord with as-built plans and specifications therefor. Sublandlord may (but without obligation to keep do so) condition its consent to any requested improvement or alteration that costs $100,000.00 or more upon Subtenant’s providing Sublandlord with a lien and completion bond in an amount equal to one and one-half times the above-described premises free and clear from combustible materials and to cut and remove estimated cost of such improvement or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and alteration and/or upon Subtenant’s posting an additional security deposit with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireSublandlord under Section 3 hereof.

Appears in 1 contract

Samples: Sublease Agreement (Cancervax Corp)

Improvements. Grantee Purchaser is authorized to con- struct on National Forest land, buildings, facilities, and other improvements needed to log Included Timber. Such construction shall take, be located where approved in writing by Forest Service and shall be constructed and used in a manner that will protect National Forest values. SAMPLE Purchaser shall comply with the rules and regulations governing the operation of premises that are occupied slash, and debris resulting from Purchaser’s Operations. Purchaser shall make timely restoration of any such im- provements damaged by Purchaser’s Operations and, when necessary because of such operations, shall move such improvements, as specified in C6.22. B6.221 Protection of Improvements Not Owned by Forest Service. Forest Service will notify all utility companies, or other parties affected, and make ar- rangements for all necessary adjustments of the public utility fixtures, pipelines, and other appurtenances likely to be affected by Purchaser’s Operations. When Purchaser’s Operations are adjacent to proper- ties of railway, telephone, or power companies, or other property, work shall not begin until Purchaser has identi- fied actions necessary to prevent damage. Purchaser shall cooperate with the owners of any un- derground or overhead utility lines in their removal and/or rearrangement operations in order that these operations may progress in a reasonable manner, all actions necessary and proper utility duplication or rearrangement work may be reduced to the lawful establishment, construction, operationa minimum, and maintenance of the Improvements, including such actions as may services shall not be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existingunnecessarily interrupted. In the event of interruption to utility services because of accidental breakage or as a result of lines being ex- posed or unsupported, Purchaser shall promptly notify the proper authority and shall cooperate with that authority in the restoration of service until the service is restored. When materials are to be hauled across the tracks of and shall perform the contract in a manner that will not in- terrupt or interfere with the conduct of Forest Service business. Forest Service shall grant written permission before any constructioncamp, repairquarry, maintenanceborrow pit, work storage, or service area, other use of than as shown on Plans, is opened or operated on National Forest land or administered lands. A camp is in- terpreted to include the Premises by Grantee will affect any Lines, fences, buildings, improvements campsite or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them trailer parking area of any work that may damage these Other Improvements and/or interfere with employee agent, contractor, Subcontractor or their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements employees or agents working on the Plans and Specifications and xxxx such Other Improvements in the field in order project for Pur- chaser. Such permission, if granted, shall be without charge to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of firePurchaser.

Appears in 1 contract

Samples: Service Timber Sale Contract

Improvements. Grantee shall takeAt Tenant's own expense, after giving Landlord notice in a timely mannerwriting of its intentions to do so and without limiting Tenant's right to remove and/or replace Personal Property in accordance with Article 10, Section 10.3, Tenant may, from time to time after completion of all actions work in accordance with Exhibit C, make such permanent and nonstructural alterations, replacements, additions, changes, and/or improvements (collectively referred to in this Lease as "Improvements") to Tenant's Work previously completed in accordance with Exhibit C or to prior Improvements as Tenant may find necessary and proper to or convenient for its purposes, provided that the lawful establishment, construction, operation, and maintenance value of the ImprovementsPremises is not thereby diminished; provided, including such actions as may be necessary to obtain any required permitshowever, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the no Improvements shall be made and maintained in such mannerto any storefront, form and extent as will provide adequate drainage of and from mechanical, electrical or plumbing systems, the adjoining lands and premises exterior walls or roof of the Grantor; and wherever any such fill or embankment Building without obtaining the prior written approval of Landlord. Tenant shall or may obstruct have the natural and pre-existing drainage from such lands and premises right to erect a mezzanine in the Building at its own expense, subject to the provisions of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainageSection 10.2 hereof, and provided that there shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements no effect on the Plans and Specifications and xxxx such Other Improvements parking requirements for the Shopping Center as a result thereof. Notwithstanding the foregoing, in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove no event shall Tenant make or cause to be cut made any penetration into or through the roof or floor of the Building without obtaining the prior written approval of Landlord. Tenant agrees to reimburse Landlord for all costs and removed expenses (including, without limitation, any architect and/or engineer fees) incurred by Landlord in approving or disapproving Tenant's plans for Improvements. Tenant shall be liable for and shall indemnify and defend Landlord and other tenants at the Shopping Center from any claim, demand, lien, loss, damage or expense, including reasonable attorney fees and costs, arising from any Improvements permitted under this Article 10. Within thirty (30) days after completing its sole expense all weeds and vegetation on said premisesImprovements, said work Tenant shall certify to Landlord in writing Tenant's actual cost of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireconstructing its Improvements.

Appears in 1 contract

Samples: Lease Agreement (Cinemastar Luxury Theaters Inc)

Improvements. Grantee shall takeTenant or Subtenant may, in compliance with all applicable laws, ordinances and regulations, develop the Premises, and may erect improvements on the Premises, for any lawful uses and purposes, and may alter, add to, reconstruct, remodel or demolish as often as and whenever Tenant or Subtenant deems proper or desirable any of the improvements now existing or hereafter constructed on the Premises, and may devote the same for any lawful uses and purposes. Landlord shall not be responsible for, and Tenant shall pay all costs, expenses and liabilities arising out of or in any way connected with, such improvements, alterations, additions or other changes made by Tenant. Tenant shall discharge all obligations to contractors, subcontractors, materialmen, workmen and/or other persons for all work performed and for materials furnished for or on account of Tenant as such obligations mature. Tenant expressly agrees that it will neither give nor grant, nor purport to give or grant, any mechanic’s or materialmen’s lien upon the Premises or upon any improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party should be entitled, as a timely mannermatter of law, all actions necessary to a xxxxxx mechanic’s or materialmen’s lien against the Premises or improvements thereon, and proper Tenant will discharge any such lien within thirty (30) days’ notice of filing thereof, including without limitation materialmen’s and mechanic’s liens. Tenant covenants and agrees that Landlord shall not be called upon, or be obligated to make, any improvements, alterations or repairs whatsoever in or about the Premises, and Landlord shall not be liable or accountable for any damages to the lawful establishmentPremises or any property located thereon. Title to all improvements constructed on the Premises shall vest in Landlord throughout the Term but shall be deemed leased back to Tenant under this Lease. If Tenant or Subtenant now or hereafter physically attaches any fixtures, constructionequipment or other items to the Premises, operation, and maintenance of the Improvements, including such actions as items may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and removed from the adjoining lands and premises of the Grantor; and wherever Premises at any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval time prior to so affecting or upon the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on expiration or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work termination of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of firethis Lease.

Appears in 1 contract

Samples: Lease Agreement

Improvements. Grantee shall takeThe term "Improvements" means the buildings and improvements now located on the Land, in a timely manner, all actions necessary and proper to or hereafter constructed or erected on the lawful establishment, construction, operation, and maintenance of the ImprovementsLand, including such actions all improvements that were either constructed by Landlord as may be necessary to obtain any required permits, approvals agent for and for the account of Tenant or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations by or embankments necessary through Tenant for Tenant's own account in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere accordance with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications in anticipation of the Lease, as well as any future additions, replacements, or alterations thereto, and xxxx any attachments, appliances, equipment, machinery, and other fixtures attached to said buildings and improvements or otherwise located on the Premises other than the Pre-Existing Improvements. Land. The term "Land" means the parcel of land described in Exhibit A attached hereto and by this reference made a part hereof and the easements, rights, and other appurtenances now or hereafter appurtenant to, benefiting or serving such Other Improvements parcel including the land lying in the field bed of any street, alley or highway in order front of, within or adjoining the land described in such Exhibit but not including any Improvements or Pre-Existing Improvements. Landlord. In addition to verify their locationsthe meaning ascribed to the term "Landlord" in Section 20.5 here of the term "Landlord" means the Landlord named herein and any person, firm, corporation or other legal entity who or which shall succeed to Landlord's legal and equitable fee simple title to the Land (any such successor to be conclusively deemed to have assumed the obligations of "Landlord" herein by virtue of such succession). Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may existLandlord Mortgage. The Grantee agrees term "Landlord Mortgage" means any mortgage granted or made by Landlord to keep grant to a Landlord Mortgagee a security interest in Landlord's interest in the abovePremises and/or in this Lease and shall include whatever security instruments are used in the metropolitan area to secure such interests including without limitation, financing statements, security agreements, mortgages, deeds of trust, and any other documentation required to so secure such interest. Landlord Mortgagee. The term "Landlord Mortgagee" means the holder or secured party under a Landlord Mortgage. Leasehold Mortgage. The term "Leasehold Mortgage" means any leasehold mortgage granted or made by Tenant to grant to a Leasehold Mortgagee a security interest in Tenant's leasehold interest in this Lease and shall include whatever security instruments are used in the metropolitan area to secure the mortgagee's interest in the leasehold interest of Tenant under this Lease without limitation, financing statements, security agreements, mortgages, deeds of trust, and any other documentation required to so secure such interest. Leasehold Mortgagee. The term "Leasehold Mortgagee" means the holder or secured party under a Leasehold Mortgage. Lease Year. The term "Lease Year" means each successive twelve month period during the term commencing on the Commencement Date. Permitted Encumbrances. The term "Permitted Encumbrances" means only the encumbrances described in Exhibit B hereto. Plans and Specifications. The term "Plans and Specifications" means the plans and specifications dated prepared by for the project. Pre-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation Existing Improvements. The term "Pre-Existing Improvements" means any improvements located on said premises, said work of cutting and removal to be done the Land at such times and with such frequency time as the Landlord acquired title to comply with Grantee and local laws and regulations and xxxxx any and all hazard of firethe Land (e.g., sewer lines).

Appears in 1 contract

Samples: Lease Agreement

Improvements. Grantee Prior to the Commencement Date, Landlord shall, at its own expense, construct demising walls and an exterior doorway for Tenant's new entry, as outlined on EXHIBIT B-2 attached hereto. Landlord will submit its plans and specifications for such walls and doorway to Tenant for Tenant's review and approval, which approval will not be unreasonably withheld or delayed. Tenant shall takebe solely responsible for all furnishings required for its entry. All standard or special tenant improvements which are affixed to the Premises, including, but not limited to, any paid for by Landlord, shall at all times be the property of Landlord. Notwithstanding anything in a timely mannerthis Lease to the contrary, however, Tenant improvements such as telephone and computer equipment (except for lines and internal Building wiring) whether or not affixed to the Premises, will remain the property of Tenant. Upon the Expiration Date or sooner termination of the Lease Term, all actions necessary improvements and proper additions to the lawful establishmentPremises made by Tenant shall become the property of Landlord, constructionexcept Tenant may remove Tenant's trade fixtures, operationoffice supplies and movable office furniture and equipment not attached to Building 2 provided: (a) such removal is made prior to the Expiration Date or sooner termination of the Lease Term, (b) no Event of Default (as defined in Section 24 of this Lease) exists at the time of such removal, and maintenance of the Improvements, including (c) Tenant immediately repairs all damage caused by or resulting from such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authoritiesremoval. Any and all cuts and fills, excavations or embankments necessary All other property in the constructionPremises and any alterations or additions thereto (including, maintenancewithout limitation, wall-to-wall carpeting, paneling, wall covering or future alteration of lighting fixtures and apparatus) and any other article affixed to the Improvements shall be made and maintained in such mannerfloor, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill wall or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use ceiling of the Premises shall become the property of Landlord and shall remain upon and be surrendered with the Premises, Tenant hereby waiving all rights to any payment or compensation therefor. If, however, Landlord so requests in writing, Tenant will, prior to the Expiration Date or sooner termination of the Lease Term, remove such alterations, additions, fixtures, equipment and property placed or installed by Grantee Tenant in the Premises as requested by Landlord, and will affect immediately repair any Linesdamage caused by or resulting from such removal to the condition of the Premises prevailing upon the Commencement Date, fencesreasonable wear and tear excepted. If Tenant shall fail to remove any of Tenant's property of any nature whatsoever from the Premises on the Expiration Date, buildingssooner termination of the Lease Term or when Landlord has the right of reentry, improvements Landlord may, at Landlord's option, remove and store said property without liability for loss thereof or other facilities damage thereto, such storage to be for the account and at the expense of Tenant. If Tenant shall not pay the cost of storing any such property after it has been stored for a period of thirty (collectively30) days or more, "Other Improvements"Landlord may, at Landlord's option, sell, or permit to be sold, any or all of such property at public or private sale (and Landlord may become a purchaser at such sale), Grantee will be responsible at Grantee’s sole risk to locate in such manner and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with places as Landlord in Landlord's sole discretion may deem proper, without notice to Tenant, and shall apply the proceeds of such frequency as sale: first, to comply with Grantee the cost and local laws and regulations and xxxxx expense of such sale, including reasonable attorneys' fees actually incurred; second, to the payment of the costs or charges for storing any and all hazard such property; third, to the payment of fireany other sums of money which may then be or thereafter become due Landlord from Tenant under any of the terms hereof; and, fourth, the balance, if any, to Tenant.

Appears in 1 contract

Samples: Asset Purchase Agreement (Egghead Inc /Wa/)

Improvements. Grantee shall takeAll improvements, in a timely manneralterations, all actions necessary and proper additions to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements Premises desired by Tenant shall be made at Tenant's expense, in good and maintained workmanlike manner and in accordance with plans and specifications which have been previously approved in writing by Landlord. If the improvements, alterations, or additions are to be made by a contractor other than Landlord's, Landlord reserves the right to approve such mannercontractor, form which approval shall not be unreasonably withheld, and extent to require adequate lien waivers, bonds, permits, licenses, and insurance. Tenant shall indemnify and hold Landlord harmless against any loss, liability or damage resulting from such work by the Tenant. All improvements and additions made by the Tenant attached to the Premises, including without limitation all partitions, carpets, lighting fixtures, doors, hardware, shelves, cabinets, safe, and ceilings, shall remain in the Premises and shall be surrendered to Landlord at the expiration or earlier termination of this Lease unless Landlord requests their removal in which event, Tenant shall remove the same and restore the Premises to its original condition at Tenant's expense. Tenant shall specifically have the right to remove modular systems that may be attached to walls or floors so long as will provide adequate drainage Tenant repairs any damage to the walls or floors caused by installation or removal of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises item. If by reason of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any constructionalteration, repair, maintenancelabor performed or materials furnished to the Premises for or on behalf of Tenant, work any mechanic's or other use lien shall be filed, claimed, perfected or otherwise established against the Premises, Tenant shall discharge or remove the lien by bonding or otherwise within fifteen (15) days after the same is filed. If Tenant fails to cause such lien or notice of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause lien to be cut and removed at its sole expense all weeds and vegetation on said premisesdischarged within such period, said work of cutting and removal Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be done at due or by procuring the discharge of such times lien by deposit, bond, or otherwise and with Tenant shall reimburse Landlord for such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireamounts upon demand.

Appears in 1 contract

Samples: Lease Agreement (Dallas Gold & Silver Exchange Inc /Nv/)

Improvements. Grantee shall takeAt Tenant's own expense, after giving Landlord notice in a timely mannerwriting of its intentions to do so and without limiting Tenant's right to remove and/or replace Personal Property in accordance with Article 10, Section 10.3, Tenant may, from time to time after completion of all actions work in accordance with Exhibit C, make such permanent and nonstructural alterations, replacements, additions, changes, and/or improvements (collectively referred to in this Lease as "Improvements") to Tenant's Work previously completed in accordance with Exhibit C or to prior Improvements as Tenant may find necessary and proper to or convenient for its purposes, provided that the lawful establishment, construction, operation, and maintenance value of the ImprovementsPremises is not thereby diminished; provided, including such actions as however, no Improvements costing in excess of Twenty-Five Hundred Dollars ($2,500.00) may be necessary to obtain any required permitsmade without obtaining the prior written approval of Landlord. In addition, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the no Improvements shall be made and maintained in such mannerto any storefront, form and extent as will provide adequate drainage of and from mechanical, electrical or plumbing systems, the adjoining lands and premises exterior walls or roof of the Grantor; and wherever Premises, nor shall Tenant erect any such fill mezzanine or embankment shall or may obstruct increase the natural and pre-existing drainage from such lands and premises size of same, if one be initially constructed, without obtaining the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions prior written approval of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existingLandlord. In the no event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and shall Tenant make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut made any penetration into or through the roof or floor of the Premises without obtaining the prior written approval of Landlord. Tenant agrees to reimburse Landlord for all costs and removed expenses (including, without limitation, any architect and/or engineer fees) incurred by Landlord in approving or disapproving Tenant's plans for Improvements. Tenant shall be liable for and shall indemnify and defend Landlord and other tenants at the Property from any claim, demand, lien, loss, damage or expense, including reasonable attorney fees and costs, arising from any Improvements permitted under this Article 10. Within thirty (30) days after completing its sole expense all weeds and vegetation on said premisesImprovements, said work Tenant shall certify to Landlord in writing Tenant's actual cost of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireconstructing its Improvements.

Appears in 1 contract

Samples: Lease Agreement (Play Co Toys & Entertainment Corp)

Improvements. Grantee 4.1.1 The Tenant will not make any Improvements without the Landlord’s prior written approval, which will not be unreasonably withheld provided that the Tenant shall takenot have the right to make any Improvements, and the Landlord need not act reasonably in considering a timely mannerrequest by the Tenant in respect of any Improvements, which (i) may affect the structure or roof of the Building or Building’s sprinkler system, or (ii) may affect the Building’s exterior appearance. All costs and expenses related to improvements will be paid by the Tenant and all actions necessary work in connection with the Improvements will be performed by competent contractors and proper subcontractors approved by the Landlord prior to commencement of the work. It is acknowledged that the Tenant is in no way acting as Landlord mandatary with respect to any Improvements carried out in the Premises and that such Improvements are performed by the Tenant at its own benefit, even if the Landlord grants an allowance for the work. The Tenant will submit to the lawful establishmentlandlord such information regarding proposed Improvements (including if the Landlord so requests, constructiondrawings and specifications prepared by qualified architects or engineers conforming to good engineering practice) and the persons who will make the Improvements on the Tenant’s behalf as the Landlord may reasonably require. Only persons designated by Landlord may perform any work related to the heating, operationventilation or air-conditioning systems, or related to other mechanical, electrical or plumbing systems or which the Landlord believes may affect the structure of the Building. After the Landlord’s approval is obtained, the Tenant will not make any material changes to the proposed Improvements without again conforming to the requirements of this Section. In particular, any changes to any drawings and maintenance specifications approved by the Landlord will require the Landlord’s prior written approval in accordance with this Section. The Landlord may establish and amend from time to time reasonable rules and regulations regarding the manner in which Improvements are to be made, which rules and regulations will be binding upon the Tenant and all persons employed by it in connection with the making of the Improvements. The Landlord or such of Landlord’s affiliates as it may designate from time to time shall have the right to tender a bid in respect of any Improvements for which tenders are being requested by the Tenant. Prior to commencing any Improvements, including the Tenant will provide to the Landlord such actions indemnification against the registration of hypothecs or other encumbrances against the Property as the Landlord may be necessary reasonably require. The Tenant will pay to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration Landlord a fee equal to 15% of the total cost of the Improvements shall be made (including all architectural, engineering and maintained working drawings) in such manner, form and extent as will provide adequate drainage of and from consideration for the adjoining lands and premises services of the Grantor; Landlord in reviewing the plans and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises specification of the GrantorTenant in respect of, and otherwise supervising the Tenant’s work in respect of, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fire.

Appears in 1 contract

Samples: Office Lease (Harris Interactive Inc)

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Improvements. Grantee shall take, in a timely manner, all actions necessary and proper The improvements to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary constructed by Landlord for Tenant’s use in the constructionPremises are set forth in detail or referred to on or in the Improvement Agreement attached hereto as Exhibit C and incorporated herein by reference. Landlord and Tenant shall perform all obligations imposed on Tenant in Exhibit C, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existingif any. In the event of changes to any construction, repair, maintenance, work or other use of the Premises work set forth in Exhibit C (to the extent required by Grantee will affect reason of any Lineserror or omission in plans because of information provided to Landlord by Tenant, fencesor because requested in writing by Tenant and accepted in writing by Landlord) which, buildingsafter taking into account the effect of any such prior changes, improvements or other facilities results in a net increase in the cost of constructing the Initial Improvements (collectively, "Other Improvements"as defined in Exhibit C attached hereto), Grantee will be responsible at Grantee’s sole risk Tenant shall pay to locate and make any adjustments necessary Landlord an amount equal to such Other Improvementsincreased costs related to such changes before work in regard to such changes is commenced; provided, however, in no event shall Landlord’s failure to demand such payment before commencement of work in regard to such changes, or Tenant’s failure to pay for the same before commencement of work in regard to such changes be deemed to be a waiver of Landlord’s right to require or enforce collection of such payment for changes at any time thereafter. Grantee must contact Landlord’s costs related to the owner(s) changes shall include, without limitation, all architectural, contractor, and engineering expenses, and the cost of the Other Improvements notifying them of any work all building and other permits and inspection fees. Tenant acknowledges that Landlord or a person or entity related to Landlord and/or controlled by Landlord may damage these Other Improvements serve as Landlord’s architect, engineer and/or interfere with their service and obtain the owner’s written approval prior contractor in regard to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free work and clear from combustible materials in the event of any changes, Landlord’s costs shall be deemed to include architect, engineering and/or contractor expenses at the rates customarily charged to third parties by Landlord and/or such related person or entity for such services, unless otherwise expressly provided in this Lease. Since any construction work on the Premises by Tenant prior to substantial completion of the work required of Landlord pursuant to this Paragraph 2.2 may interfere with the work required of Landlord or with Landlord’s ability to obtain a certificate of occupancy (or equivalent) therefor, any such work by Tenant which would so interfere shall be subject to the provisions of Paragraph 13.1 hereof, and Landlord may in its reasonable discretion withhold its consent to any such work by Tenant. Notwithstanding the foregoing, Landlord and Tenant agree that not later than four (4) weeks prior to the substantial completion of the Initial Improvements to be constructed by Landlord in the Premises pursuant to the terms of Exhibit C attached hereto, Tenant and its contractors may enter the Premises to install its fixtures and manufacturing floor and install Tenant’s furniture and furnishings and telephone and telecommunication wiring and cabling in the Premises and to cut place inventory prior to the Commencement Date. Landlord and remove Tenant agree to exercise reasonable effort to cause their respective contractors to reasonably cooperate with one another to coordinate their construction schedules so that Tenant may install warehouse or cause manufacturing equipment required for timely start of operations; provided, however, Tenant agrees that such entry shall not interfere with or delay the completion of the construction or installation of the Initial Improvements referred to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of firein Exhibit C attached hereto.

Appears in 1 contract

Samples: Improvement Agreement (Rackable Systems, Inc.)

Improvements. Grantee Prior to Subtenant’s occupation of the Premises, Sublandlord shall takecause the improvements generally described on Exhibit B (“Improvements”) to be completed in accordance with the schedule set forth therein and applicable building standards and all applicable laws, in a timely mannerrules, all actions necessary regulations and proper to the lawful establishmentprofessional codes, at Subtenant’s cost as hereafter defined. Before proceeding with construction, operationSublandlord shall obtain Subtenant’s written approval of any final plans and/or specifications to be used as the basis for awarding contracts for the design, and maintenance construction or procurement of the Improvements; provided that Subtenant’s withholding of such approval shall not unreasonably delay the schedule for completion of the Improvements. In addition, before entering into such contracts for the design, construction or procurement of the Improvements, including Sublandlord shall obtain Subtenant’s written approval of the lump sum price, not to exceed price, or other pricing used in such actions as may contracts. Subtenant shall be necessary permitted to enter the Premises upon reasonable notice during the performance of the Improvements for the purposes of reviewing progress. Subtenant’s obligation to pay for the Improvements shall consist of paying the approved price(s) under each approved contract for the design, construction or procurement of the Improvements, paying for any change orders thereto approved in advance by Subtenant, and paying for any applicable governmental permit costs or applicable Master Landlord charges under the Master Lease with respect to construction of the Improvements. Sublandlord shall not xxxx up such prices or be entitled to any compensation for Sublandlord’s own management or efforts with respect to construction of the Improvements. Sublandlord shall obtain any required permits, approvals or authorizations consents from applicable governmental authoritiesMaster Landlord prior to commencement of construction of the Improvements. Any Sublandlord and all cuts and fills, excavations or embankments necessary in Subtenant shall cooperate with each other to allow the construction, maintenance, or future alteration Improvements to be completed as soon as practicable after the Effective Date. Subtenant shall be permitted to enter the Premises upon reasonable notice during the performance of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage for the purposes of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of firereviewing progress.

Appears in 1 contract

Samples: Office Sublease (BrightSource Energy Inc)

Improvements. Grantee shall takeTenant or Subtenant may, in compliance with all applicable laws, ordinances and regulations, develop the Premises, and may erect buildings and other improvements on the Premises, for any lawful uses and purposes, and may alter, add to, reconstruct, remodel or demolish as often as and whenever Tenant or Subtenant deems proper or desirable any of the improvements now existing or hereafter constructed on the Premises, and may devote the same for any lawful uses and purposes. Landlord shall not be responsible for, and Tenant shall pay all costs, expenses and liabilities arising out of or in any way connected with, such improvements, alterations, additions or other changes made by Tenant. Tenant shall discharge all obligations to contractors, subcontractors, materialmen, workmen and/or other persons for all work performed and for materials furnished for or on account of Tenant as such obligations mature. Tenant expressly agrees that it will neither give nor grant, nor purport to give or grant, any mechanic's or materialmen's lien upon the Premises or upon any improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party should be entitled, as a timely mannermatter of law, all actions necessary to a xxxxxx mechanic's or materialmen's lien against the Premises or improvements thereon, and proper Tenant will discharge any such lien within thirty (30) days' notice of filing thereof, including without limitation materialmen's and mechanic's liens. Tenant covenants and agrees that Landlord shall not be called upon, or be obligated to make, any improvements, alterations or repairs whatsoever in or about the Premises, and Landlord shall not be liable or accountable for any damages to the lawful establishmentPremises or any property located thereon. Title to all improvements constructed on the Premises shall vest in Landlord throughout the Term. If Tenant or Subtenant now or hereafter physically attaches any fixtures, constructionequipment or other items to the Premises, operation, and maintenance of the Improvements, including such actions as items may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and removed from the adjoining lands and premises Premises upon the expiration or termination of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of firethis Lease.

Appears in 1 contract

Samples: Lease Agreement

Improvements. Grantee The Tenant will not make any repairs, alterations, replacements, decorations or improvements to any part of the Leased Premises without first obtaining the Landlord’s prior written approval such approval not to be unreasonably withheld. The Tenant shall takesubmit to the Landlord details of the proposed work, such indemnification against liens, costs, damages and expenses as the Landlord shall require and evidence satisfactory to the Landlord that the Tenant has obtained, at its sole expense, all necessary consents, licences and approvals from all governmental authorities having jurisdiction. All such repairs, replacements, alterations, decorations or improvements made by the Tenant to the Leased Premises and approved of by the Landlord shall be at the sole cost of the Tenant, shall be performed by competent workmen in a timely manner, all actions necessary good and proper workmanlike manner and shall be subject to the lawful establishment, construction, operation, and maintenance reasonable supervision of the ImprovementsLandlord. In particular, including but without limiting the foregoing, the Tenant’s selection of an electrical or mechanical contractor shall be subject to the written approval of the Landlord, which approval shall not be unreasonably withheld. Any such actions repairs, replacements, alterations, decorations or improvements made by the Tenant without the prior written consent of the Landlord, or, which are not in accordance with the drawings and specifications approved by the Landlord, as aforesaid, shall, if requested by the Landlord, be promptly removed by the Tenant at its expense and the Leased Premises restored to their previous condition. Notwithstanding anything herein contained, no repair, replacement, alteration, addition, or improvement to the Leased Premises by or on behalf of the Tenant shall be permitted which may be necessary to obtain any required permitsweaken or endanger the structure or adversely affect the condition or operation of the Leased Premises or the Building or diminish the value thereof, approvals or authorizations from applicable governmental authoritiesrestrict or reduce the Landlord’s coverage for zoning purposes. Any and all cuts and fillsrepairs, excavations replacements, alterations, additions or embankments necessary in improvements to the construction, maintenance, or future alteration Leased Premises which may affect the structure of the Improvements Leased Premises or any part of the Building or which are to be installed outside the Leased Premises, shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from performed only by the adjoining lands and premises of Landlord at the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at GranteeTenant’s sole risk to locate cost and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireexpense.

Appears in 1 contract

Samples: Lease Amending Agreement (Eloqua, Inc.)

Improvements. Grantee shall take, Tenant has inspected the Premises and has requested in a timely manner, all actions necessary and proper writing that Landlord make certain improvements (if any) to the lawful establishment, construction, operation, Premises shown on Exhibit C in accordance with the preliminary space plan and maintenance specifications prepared by Landlord and previously mutually agreed upon (the “Tenant Improvements”). A Tenant Improvement Allowance of up to $ 225,487.00 or $32.50 per square foot as to the Improvements, including such actions certain 5,439 square foot area and $15.00 per square foot as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration certain 3,248 square foot area solely for the purpose of constructing the Tenant Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainageprovided, and shall also wherever necessarybe applied to the work cost, construct extensions of existing drainswhich cost shall include but not be limited to space planning, culverts or ditches through or along the premises Landlord’s supervision fee (which Landlord’s supervision fee shall not exceed 3% of the GrantorTenant Improvement Allowance and which shall not include any costs or expenses for improvements to the clean room) construction documents, such extensions permitting/inspection fees, and all other costs necessary for construction and decoration of improvements- including the clean room-, based on mutually agreed upon construction plans and specifications (if necessary) to be prepared from the preliminary space plan and specifications. Tenant, in writing, shall finalize its selection and location for any remaining finishes/materials within 7 days of adequate sectional dimensions the date of this Lease or accept selection and location for same by Landlord in its sole discretion. The Tenant Improvement Allowance is to preserve be used for the present flowage aforementioned purpose by the Commencement Date. Landlord will notify Tenant if the estimated cost of drainage or other watersthe Tenant Improvements is in excess of the Tenant Improvement Allowance, and of Tenant and Landlord shall, within 10 business days thereafter, make modifications to the Tenant Improvements to reduce the estimated cost below the Tenant Improvement Allowance. Landlord shall perform the Tenant Improvements in a good and workmanlike manner, in compliance with all applicable laws and regulations, including but not limited, the Americans with Disabilities Act and any building codes using Building standard materials unless otherwise noted in writing at Landlord’s sole cost and workmanship equally as good as those now existingexpense. In Any cost to complete construction over and above the event any construction, repair, maintenance, work or other use Tenant Improvement Allowance amount stated above will be paid by Tenant. Landlord will invoice Tenant prior to commencing construction of the Premises by Grantee will affect any Lineswork, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to Tenant shall pay such Other Improvements. Grantee must contact the owner(s) invoice within 10 business days of the Other Improvements notifying them receipt of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear invoice from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireLandlord.

Appears in 1 contract

Samples: Lease Agreement (BGS Acquisition Subsidiary, Inc.)

Improvements. Grantee This section 2.2 shall take, in a timely manner, all actions necessary and proper apply only if Landlord is required to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals construct or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary install improvements in the construction, maintenance, Premises or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from Property pursuant to Exhibit B (the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee "Landlord's Improvements"). Landlord shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along install the premises of the Grantor, such extensions improvements to be of adequate sectional dimensions constructed or installed by Landlord pursuant to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use Exhibit B. Landlord shall deliver possession of the Premises to Tenant on the Commencement Date. If however on the date listed in the Basic Lease Information as the Commencement Date, the Landlord's Improvements are not substantially completed then and in that case the Commencement Date shall be extended until such date the Landlord's Improvements are substantially completed and possession of the Premises is delivered to Tenant. All references in this Lease to the Commencement Date shall be deemed to include said additional time. "Substantial Completion" for the purposes of this Section 2.2 shall mean that the Landlord's Improvements are sufficiently complete, substantially in accordance with the plans and specifications, so the improvements may be used or occupied for their intended purpose as permitted under this Lease. If Landlord is delayed in substantially completing the improvements by Grantee will affect any Linescause of delay for which Tenant is responsible, fencesthen Tenant shall pay to Landlord, buildingsas additional rent, the monthly Base Rent (based on the first month for which the Base Rent is to be paid) and the additional monthly rent payable under section 3.1 hereof, calculated on a per diem basis, multiplied by the number of days of such delay, which shall be due and payable on the Commencement Date specified in the Basic Lease Information for such delay before such date and monthly in arrears on the first day of each month thereafter for such delay after such date. If the improvements or other facilities (collectivelyare substantially complete and the Premises is ready for occupancy by Tenant prior to the Commencement Date, "Other Improvements")Tenant shall have the right to take early occupancy of the Premises prior to the Commencement Date and the term of this Lease shall commence on such date of early occupancy by Tenant, Grantee will in which event the Commencement Date shall be responsible at Grantee’s sole risk to locate and make any adjustments necessary advanced to such Other Improvementsdate of early occupancy and the Expiration Date shall be advanced by an equal period (subject to adjustment in accordance with section 2.3 hereof). Grantee must contact Tenant shall give Landlord written notice of Tenant's determination to take early occupancy of xxx Xremises at least ten (10) days in advance, which notice shall specify the owner(s) date of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireearly occupancy.

Appears in 1 contract

Samples: Lease (Sanfilippo John B & Son Inc)

Improvements. Grantee (a) Authority shall takehave no obligation to renew, repair or replace any inadequate, obsolete, worn-out, unsuitable, undesirable or unnecessary Buildings included in the Premises. Tenant shall have the right during the Term, at its expense, (i) to repair, improve, remodel and renovate such Buildings and other improvements on the Premises, wholly within the boundary lines thereof, in a timely manneraccordance with plans and specifications approved in advance by Authority, which consent will not be unreasonably withheld, conditioned or delayed, and in compliance with all applicable requirements of the FAA (including its regulation entitled “Objects Affecting Navigable Airspace,” 14 C.F.R. Part 77 (the “Navigable Airspace Regulation”)), all actions necessary applicable building codes and proper all applicable federal, state or local laws, rules and regulations, and (ii) to install its own furnishings, equipment, machinery and other personal property in the Premises (which shall not become part of the Premises) or to attach fixtures or structures on the Premises. So long as no Event of Default shall have occurred and be continuing, Tenant may remove at its own expense from time to time, including upon the expiration of the Term and within a reasonable period of time thereafter, any of its furnishings, equipment, machinery, other personal property or trade fixtures added by it which do not constitute part of the Premises; provided, however, that such removal shall be accomplished so as to leave the Premises, except for ordinary wear and tear, in substantially the same condition as it was before Tenant’s furnishings, equipment, machinery or fixtures were added to it, and that Tenant shall promptly repair at its expense any damage to the lawful establishment, construction, operation, and maintenance Premises caused by such removal. If Tenant fails or neglects to so remove all or any portion of such property upon or prior to the expiration of the ImprovementsTerm, including Authority, at its sole option, may either remove and dispose of such actions property and charge the cost of such removal and disposal to Tenant, which cost Tenant hereby agrees to pay, or consider the same to be abandoned and take title thereto without any consideration therefor to Tenant. Except as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary provided in the constructionimmediately preceding sentence, maintenanceall furnishings, or future alteration equipment, machinery and other personal property installed by Tenant pursuant to this Section shall remain the sole property of the Improvements Tenant in which Authority shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainagehave no interest, and shall also wherever necessary, construct extensions of existing drains, culverts be subject to any landlord’s lien as may now or ditches through or along hereafter be provided by the premises laws of the GrantorState of Tennessee, such extensions as the same may be amended from time to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of firetime.

Appears in 1 contract

Samples: Composite Lease Agreement (Fedex Corp)

Improvements. Grantee So long as there is no material interference with the performance of any of Landlord's Work or the use and enjoyment of the Building by others having rights to use and enjoy the Building, upon prior written notice and delivery of completed plans therefor to Landlord and subject to the provisions of this Section 7.1, Tenant may from time to time make such nonstructural alterations, decorations, additions or improvements in or to the interior of the Premises costing less than $20,000 as Tenant deems appropriate and are consistent with the quality and character of the Building. Tenant shall takenot make structural or exterior alterations, decorations, additions or improvements in or to the Premises, nor shall Tenant make any non-structural alterations, decorations, additions or improvements in or to the Premises the cost of which exceeds $10,000, unless Tenant delivers to Landlord completed plans therefor and Landlord consents thereto in writing. With respect to non-structural alterations, decorations, additions or improvements in or to the Premises the cost of which exceeds $10,000, Landlord's consent thereto and to the completed plans therefor shall not be unreasonably withheld or delayed. Any alterations, decorations, additions or improvements, structural or otherwise, in a timely manner, all actions necessary and proper or to the lawful establishmentPremises made by Tenant or permitted to be made by Tenant, constructionincluding without limitation the Initial Tenant Improvements, operationare hereinafter referred to collectively as "IMPROVEMENTS". From and after the date on which such Improvements to the Premises shall be made, Tenant and maintenance not Landlord shall, then and thereafter, be responsible for those portions of the ImprovementsBuilding so altered, including decorated, added to or improved by Tenant and any repairs the need for which shall result from such actions as may be necessary to obtain any required permitsalteration, approvals decoration, addition or authorizations from applicable governmental authoritiesimprovement. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration All of the Tenant's Improvements shall be made coordinated with any work being performed by Landlord and maintained in such manner, form manner as to maintain harmonious labor relations and extent as will provide adequate drainage of and from not to damage the adjoining lands and premises Building or interfere with construction or operation of the GrantorBuilding and, except for installation of furnishings, shall be performed by contractors or workers first approved by Landlord in writing, such approval not to be unreasonably withheld or delayed. Tenant, before its work is started, shall: secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and assurances satisfactory to Landlord protecting Landlord against liens arising out of the furnishings of such labor and materials; and wherever any cause each contractor to carry workers' compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and comprehensive public liability insurance with such fill or embankment shall or limits as Landlord may obstruct the natural and pre-existing drainage from such lands and premises reasonably require, but in no event less than a combined single limit of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainagefive million dollars ($5,000,000), and shall also wherever necessaryany other insurance which Landlord may from time to time reasonably require which is then customarily required by tenants similar to the Tenant by landlords in the suburban Boston office market, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, all such extensions insurance to be written in companies approved by Landlord, which approval shall not be unreasonably withheld or delayed and insuring Landlord and Tenant as well as the contractors; and deliver to Landlord certificates of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existingall such insurance. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will All Improvements shall be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere performed in accordance with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fire.applicable laws,

Appears in 1 contract

Samples: Lease (Unisphere Solutions Inc)

Improvements. Grantee The Tenant will not make any repairs, alterations, replacements, decorations or improvements to any part of the Leased Premises without first obtaining the Landlord's prior written approval. The Tenant shall takesubmit to the Landlord details of the proposed work, such indemnification against liens, costs, damages and expenses as the Landlord shall reasonably require and evidence satisfactory to the Landlord that the Tenant has obtained, at its sole expense, all necessary consents, licenses and approvals from all governmental authorities having jurisdiction. All such repairs, replacements, alterations, decorations or improvements by the Tenant to the Leased Premises approved of by the Landlord shall be at the sole cost of the Tenant, shall be performed by competent workmen in a timely manner, all actions necessary good and proper workmanlike manner and shall be subject to the lawful establishment, construction, operation, and maintenance reasonable supervision of the ImprovementsLandlord. Any such repairs, including such actions replacements, alterations, decorations or improvements made by the Tenant without the prior written consent of the Landlord, or, which are not in accordance with the drawings and specifications approved by the Landlord, as aforesaid, shall, if requested by the Landlord, be promptly removed by the Tenant at its expense and the Leased Premises restored to their previous condition. Provided, notwithstanding anything herein contained, no repair, replacement, alteration, addition or improvement to the Leased Premises by or on behalf of the Tenant shall be permitted which may be necessary to obtain any required permitsweaken or endanger the structure or adversely affect the condition or operation of the Leased Premises or diminish the value thereof, approvals or authorizations from applicable governmental authoritiesrestrict or reduce the Landlord's coverage for zoning purposes. Any and all cuts and fillsrepairs, excavations replacements, alterations, additions or embankments necessary in improvements to the construction, maintenance, or future alteration Leased Premises which may affect the structure of the Improvements Leased Premises or any part of the Building or which are to, shall be made performed only by the Landlord at the Tenant's sole cost and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireexpense.

Appears in 1 contract

Samples: Indemnity Agreement (Liuski International Inc /De)

Improvements. Grantee shall take9.1 If, while the Licensee is entitled to the use of Improvements pursuant to section 9.2(i), the Licensee produces, develops or acquires any Improvement over which the Licensee has unrestricted rights of transfer, and provided that the Licensor is not in breach of any material provision of this Agreement when the Licensee is able to effect a transfer of the technology respecting the Improvement, the Licensee will promptly notify the Licensor in writing of the Improvement giving details thereof and will provide to the Licensor free of payment all information or explanations the Licensor may reasonably require in order to understand the nature and significance of the Improvement. If the Licensee proposes to and does apply for intellectual property protection in respect of the Improvement, the Licensee will make the Improvement available to the Licensor at no cost to the Licensor, for the Licensor's own use and to make available to other licensees of the Licensor. The Licensor will not make any significant Improvement so developed by the Licensee available to its Licensees for a period of at least three (3) years after notice has been (or should have been) given as aforesaid. If, at any time when the Licensee is not entitled to the use of Improvements pursuant to section 9.2(i), the Licensee produces, develops or acquires any Improvement, the Licensee will advise the Licensor of the Improvement over which the Licensee has unrestricted rights of transfer in the manner specified above, but the Licensee will not be obliged to make the Improvement available to the Licensor except on the basis of agreement, if any, reached by the Licensee and the Licensor. Subject to section 9.3, if, within six (6) months after providing notice of an Improvement and the information described above, the Licensee elects not to apply for or otherwise avail itself of intellectual property protection in respect of the Improvement, the Licensee will inform the Licensor and the Licensor may apply for intellectual property protection for that Improvement. If the Licensor is entitled and wishes to apply for such intellectual property protection, the Licensee agrees to have itself and any person involved in the development of that Improvement cooperate in any way necessary to complete all papers and documents that are reasonably necessary for the filing, prosecution and issuance of intellectual property protection therefor in the name of the Licensor. The Licensee agrees to assign, and to maintain itself in a timely mannerposition to be able to assign, all actions necessary and proper subject to Agreements with other Persons, its intellectual property rights to the lawful establishment, construction, operation, and maintenance Licensor free of the Improvements, including such actions charge as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner’s written approval prior to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field desirable in order to verify their locationspermit intellectual property protection to issue in the name of the Licensor. Grantee must also use all reasonable methods when working on If the Licensor applies for intellectual property protection in respect of an Improvement produced, developed or near Grantor property acquired by the Licensee, the Exclusive license granted to determine if the Licensee under this Agreement will include that Improvement, but no such assigned Improvement will be the basis of any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees royalty payment from Licensee to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx any and all hazard of fireLicensor.

Appears in 1 contract

Samples: Technology License and Service Agreement (Rayovac Corp)

Improvements. Grantee The Premises are being leased to Tenant in an "as is" condition and Tenant's taking possession shall takebe conclusive evidence against Tenant that the Premises were in good order and satisfactory condition when Tenant took possession except as to latent defects. Landlord has not made any promise to Tenant to alter, in a timely manner, all actions necessary and proper to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenanceremodel, or future alteration of improve the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the GrantorPremises, the Grantee shall construct and maintain such culverts Complex, or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along any adjacent area nor made any representation regarding the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use condition of the Premises by Grantee will affect any Linesor the Complex except those provisions explicitly set forth in this Lease. Tenant may make permanent or temporary alternations, fencesadditions, buildingschanges or improvements (hereinafter "alternations") on or to the Premises upon receiving Landlord's prior written consent in each instance. Such consent not be unreasonably withheld, improvements conditioned, or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments necessary delayed. If Landlord consents to such Other Improvements. Grantee must contact alternations by Tenant, Tenant shall pay the owner(s) cost of such alternations, and before commencement of the Other Improvements notifying them work or delivery of any work that may damage these Other Improvements and/or interfere materials to the Premises or Complex, Tenant shall furnish Landlord with their service the following: (I) plans and obtain the owner’s written approval prior specifications, (ii) names and addresses of all contractors, (iii) copies of contracts, (iv) necessary permits, (v) indemnification of Landlord in form and mount reasonably satisfactory to so affecting the Other Improvements. Grantee must xxxx all Other Improvements on the Plans and Specifications and xxxx such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above-described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and xxxxx Landlord against any and all hazard claims, loss, costs, damages, liabilities, and expenses which may arise in connection with such alternations, (vi) waivers of firelien for any and all labor, material or equipment to e supplied or rendered in connection with such alternations, and (vii) certificates of insurance from all contractors performing labor or furnishing materials insuring Landlord against any an all liabilities which may arise out of such alternations. All alterations shall be installed in a good, workmanlike manner and only new materials shall be used. Whether tenant furnishes Landlord the foregoing or not, Tenant hereby agrees to hold Landlord harmless from and against any and all liabilities of every kind and nature which may arise out of or be connected with said alterations. Upon completing any alternations or additions, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in or for such alternations. All alterations shall comply with all ordinances and regulations of the City of Ann Xxxor and any department or agency thereof and with the requirements of all federal, state, and local statutes and regulations of the State of Michigan and any department thereof. All alterations and all improvements, temporary or permanent, in or 8 upon the Premises, placed there by Tenant shall become the property of Landlord and shall remain upon the Premises at the termination of this Lease, by lapse of time or otherwise, without compensation or credit to Tenant. If at the expiration or earlier termination of this Lease and upon Landlord's request, Tenant does not remove said additions and improvements, Landlord may remove the same and Tenant shall pay the cost of such removal and damages occasioned thereby to Landlord upon fifteen (15) days prior written notice. Tenant shall remove its office furniture, machinery, medical and other property of every kind and description (hereinafter "personal property") from the Premises within a reasonable time of the termination of this lease, whether by lapse of time or otherwise. If such personal property is not so removed, Landlord may request its removal, and if Tenant does not remove it, Landlord may do so, and Tenant shall pay the cost of such removal upon fifteen (15) days prior written notice.

Appears in 1 contract

Samples: Lease Agreement (Sensys Technologies Inc)

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