Landlord Consent. Tenant shall not make or allow to be made any alterations or additions in or to the Premises without first obtaining the written consent of Landlord. Landlord’s consent will not be unreasonably withheld or delayed with respect to proposed alterations and additions which: (i) comply with all applicable laws, ordinances, rules and regulations; (ii) are compatible with the Building and its mechanical, electrical, HVAC and life safety systems; (iii) will not affect the structural portions of the Building (provided, however, Landlord shall not unreasonably withhold consent to the construction of an internal staircase in accordance with and subject to the terms and conditions of the Work Letter); (iv) will not interfere with the use and occupancy of any other portion of the Building by any other tenant; and (v) will not trigger any additional costs to Landlord. Specifically, but without limiting the generality of the foregoing, Landlord’s right of consent (which shall not be unreasonably withheld) shall encompass plans and specifications for proposed alterations or additions, construction means and methods, the identity of any contractor or subcontractor to be employed on the work of alterations or additions, and the time for performance of such work. Tenant shall supply to Landlord any additional documents and information requested by Landlord in connection with Tenant’s request for consent hereunder. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Article 8, Tenant shall have the right, without Landlord’s consent, to make any alteration that meets all of the following criteria (a “Cosmetic Alteration”): (a) the alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work) or is limited to Tenant’s data and communications cabling, (b) Tenant provides Landlord with ten (10) days’ advance written notice of the commencement of such alteration, (c) such alteration does not affect the Building’s electrical, mechanical, life safety, plumbing, security, or HVAC systems or any other portion of the base building or any part of the Building other than the Premises, (d) the work will not decrease the value of the Premises, uses only new or like-new materials comparable in quality to those being replaced and is performed in a ▇▇▇▇▇▇▇ like manner and in accordance with all legal requirements, and (e) the cost of such alteration does not exceed Ten Thousand Dollars ($10,000.00) per project. At the time Tenant notifies Landlord of any Cosmetic Alteration, Tenant shall give Landlord a copy of Tenant’s plans for the work. If the Cosmetic Alteration is of such a nature that formal plans will not be prepared for the work, Tenant shall provide Landlord with a reasonably specific written description of the work.
Appears in 1 contract
Landlord Consent. If during the Term, Tenant contemplates utilizing Hazardous Materials (or subleasing or assigning this Lease to a subtenant or assignee who utilizes Hazardous Materials), other than de minimis amounts of customary office and cleaning supplies in compliance with applicable Environmental Laws, Tenant shall not make or allow to be made any alterations or additions in or to obtain the Premises without first obtaining the prior written consent of Landlord. Landlord’s consent will As a condition of granting such consent, Landlord may require, among other things, that a) such substances be of the type customarily used in offices and be used and maintained only in such quantities as are reasonably necessary for the Permitted Use and in strict accordance with applicable Environmental Laws and manufacturer instructions therefor; b) such substances shall not be unreasonably withheld disposed of, released or delayed with respect discharged on the Project and shall be transported to proposed alterations and additions which: (i) comply from the Premises in compliance with all applicable lawsEnvironmental Laws and as Landlord shall reasonably require; c) any remaining such substances shall be completely, ordinancesproperly and lawfully removed from the Premises, rules and regulations; (ii) are compatible with the Building and its mechanicalthe Project upon expiration or earlier termination of this Lease; d) such use shall not constitute a nuisance, electrical, HVAC and life safety systems; (iii) will not affect danger or health risk to or disrupt the structural portions business of any other occupant of the Building (provided, however, Landlord shall not unreasonably withhold consent to or the construction of an internal staircase in accordance with and subject to the terms and conditions of the Work Letter); (iv) will not interfere with the use and occupancy of any other portion of the Building by any other tenantProject; and (ve) will not trigger any additional costs Tenant carry environmental insurance acceptable to Landlord, meeting the requirements of Sections 18.2 and 18.3, and naming Landlord as an additional insured. Specifically, but without limiting the generality of the foregoing, If any applicable Environmental Law or other ordinance or Landlord’s right trash removal contractor requires that any such substances be disposed of consent (which shall not be unreasonably withheld) shall encompass plans and specifications for proposed alterations or additions, construction means and methods, the identity of any contractor or subcontractor to be employed on the work of alterations or additions, and the time for performance of such work. Tenant shall supply to Landlord any additional documents and information requested by Landlord in connection with Tenant’s request for consent hereunder. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Article 8separately from ordinary trash, Tenant shall have the rightmake arrangements, without Landlord’s consent, to make any alteration that meets all of the following criteria (a “Cosmetic Alteration”): (a) the alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work) or is limited to at Tenant’s data expense, for such disposal directly with a qualified and communications cabling, (b) Tenant provides Landlord with ten (10) days’ advance written notice of the commencement licensed disposal company at a lawful disposal site and shall ensure that such disposal occurs frequently enough to prevent unnecessary storage of such alteration, (c) such alteration does not affect the Building’s electrical, mechanical, life safety, plumbing, security, or HVAC systems or any other portion of the base building or any part of the Building other than substances on the Premises, (d) the work will not decrease the value of the Premises, uses only new or like-new materials comparable in quality to those being replaced and is performed in a ▇▇▇▇▇▇▇ like manner and in accordance with all legal requirements, and (e) the cost of such alteration does not exceed Ten Thousand Dollars ($10,000.00) per project. At the time Tenant notifies such times as Landlord of any Cosmetic Alteration, Tenant shall give Landlord a copy of Tenant’s plans for the work. If the Cosmetic Alteration is of such a nature that formal plans will not be prepared for the workmay reasonably request, Tenant shall provide Landlord with a reasonably specific written description list identifying any Hazardous Materials then used, stored or maintained upon the Premises, the use and approximate quantity of each such material, a copy of any Material Safety Data Sheet (“MSDS”) issued by the manufacturer thereof, written information concerning the removal, transportation, and disposal of the worksame, and such other information as Landlord may reasonably require or as may be required by Environmental Laws. Landlord, at its option, and at Tenant’s expense, may cause an engineer selected by Landlord, to review (1) Tenant’s operations including, without limitation, materials used, generated, stored, disposed, and manufactured in Tenant’s business; and (2) Tenant’s compliance with terms of this Section. Tenant shall provide the engineer with such information reasonably requested by the engineer to complete the review. The first such review may occur prior to or shortly following the commencement of the Term. Thereafter, such review shall not occur more frequently than once each year unless cause exists for some other review schedule.
Appears in 1 contract
Landlord Consent. If during the Term of this Lease, Tenant contemplates utilizing Hazardous Materials (or subleasing or assigning this Lease to a subtenant or assignee who utilizes Hazardous Materials), Tenant shall not make or allow to be made any alterations or additions in or to obtain the Premises without first obtaining the prior written consent of Landlord. Landlord’s consent will As a condition of granting such consent, Landlord may require, among other things, that (a) such substances be of the type customarily used in offices and be used and maintained only in such quantities as are reasonably necessary for the Permitted Use and in strict accordance with applicable Environmental Laws and manufacturer instructions therefor; (b) such substances shall not be unreasonably withheld disposed of, released or delayed with respect discharged on the Project and shall be transported to proposed alterations and additions which: (i) comply from the Premises in compliance with all applicable laws, ordinances, rules Environmental Laws and regulationsas Landlord shall reasonably require; (iic) are compatible with any remaining such substances shall be completely, properly and lawfully removed from the Premises, the Building and its mechanical, electrical, HVAC and life safety systemsthe Project upon expiration or earlier termination of this Lease; (iiid) will such use shall not affect constitute a nuisance, danger or health risk to or disrupt the structural portions business of any other occupant of the Building (provided, however, Landlord shall not unreasonably withhold consent to or the construction of an internal staircase in accordance with and subject to the terms and conditions of the Work Letter)Project; (iv) will not interfere with the use and occupancy of any other portion of the Building by any other tenant; and (v) will not trigger any additional costs to Landlord. Specifically, but without limiting the generality of the foregoing, Landlord’s right of consent (which shall not be unreasonably withheld) shall encompass plans and specifications for proposed alterations or additions, construction means and methods, the identity of any contractor or subcontractor to be employed on the work of alterations or additions, and the time for performance of such work. Tenant shall supply to Landlord any additional documents and information requested by Landlord in connection with Tenant’s request for consent hereunder. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Article 8, Tenant shall have the right, without Landlord’s consent, to make any alteration that meets all of the following criteria (a “Cosmetic Alteration”): (a) the alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work) or is limited to Tenant’s data and communications cabling, (b) Tenant provides Landlord with ten (10) days’ advance written notice of the commencement of such alteration, (c) such alteration does not affect the Building’s electrical, mechanical, life safety, plumbing, security, or HVAC systems or any other portion of the base building or any part of the Building other than the Premises, (d) the work will not decrease the value of the Premises, uses only new or like-new materials comparable in quality to those being replaced and is performed in a ▇▇▇▇▇▇▇ like manner and in accordance with all legal requirements, and (e) Tenant carry environmental insurance acceptable to Landlord, meeting the cost requirements of Sections 18.2 and 18.3, and naming Landlord as an additional insured. If any applicable Environmental Law or other ordinance or Landlord’s trash removal contractor requires that any such alteration does not exceed Ten Thousand Dollars ($10,000.00) per project. At the time Tenant notifies Landlord substances be disposed of any Cosmetic Alterationseparately from ordinary trash, Tenant shall give Landlord a copy of make arrangements, at Tenant’s plans expense, for the work. If the Cosmetic Alteration is such disposal directly with a qualified and licensed disposal company at a lawful disposal site and shall ensure that such disposal occurs frequently enough to prevent unnecessary storage of such a nature that formal plans will not be prepared for substances on the workPremises. At such times as Landlord may reasonably request, Tenant shall provide Landlord with a reasonably specific written description list identifying any Hazardous Materials then used, stored or maintained upon the Premises, the use and approximate quantity of each such material, a copy of any Material Safety Data Sheet (“MSDS”) issued by the manufacturer thereof, written information concerning the removal, transportation, and disposal of the worksame, and such other information as Landlord may reasonably require or as may be required by Environmental Laws. Landlord, at its option, and at Tenant’s expense, may cause an engineer selected by Landlord, to review (1) Tenant’s operations including, without limitation, materials used, generated, stored, disposed, and manufactured in Tenant’s business; and (2) Tenant’s compliance with terms of this Section. Tenant shall provide the engineer with such information reasonably requested by the engineer to complete the review. The first such review may occur prior to or shortly following the commencement of the Term of this Lease. Thereafter, such review shall not occur more frequently than once each year unless cause exists for some other review schedule.
Appears in 1 contract
Sources: Office Lease (Quality Systems Inc)
Landlord Consent. If Tenant contemplates utilizing Hazardous Substances (or subleasing or assigning this Lease to a subtenant or assignee who utilizes Hazardous Substances), other than de minimis amounts of customary office and cleaning supplies in compliance with Environmental Laws, Tenant shall not make or allow to be made any alterations or additions in or to obtain the Premises without first obtaining the prior written consent of Landlord (which may be withheld in Landlord’s sole and absolute discretion). Any such Hazardous Substance so consented to by Landlord shall (a) not create any liability on the part of Landlord or excuse Tenant from its obligations under this Article 15; (b) be used and maintained only in such quantities as are reasonably necessary for the Permitted Use, by properly certified and licensed professionals, and in strict accordance with Environmental Laws and manufacturer instructions therefor; (c) not be disposed of, released or discharged on the Project; (d) shall be transported to and from the Premises in compliance with all Environmental Laws and as Landlord shall reasonably require; (e) be completely, properly and lawfully removed from the Premises, the Building and the Project upon the expiration or earlier termination of this Lease; and (f) not constitute a nuisance, danger or health risk to or disrupt the business of any other occupant of the Building or the Project. Landlord and its agents and employees shall have the right to enter the Premises and/or conduct appropriate tests, at Tenant’s expense, for the purpose of ascertaining Tenant’s compliance with all Environmental Laws. If any Environmental Law or Landlord requires that any such Hazardous Substances be disposed of separately from ordinary trash, Tenant shall make arrangements, at Tenant’s expense, for such disposal directly with a qualified and licensed disposal company at a lawful disposal site and shall ensure that such disposal occurs frequently enough to prevent unnecessary storage of such substances at the Project. Landlord, at its option, and at Tenant’s consent will not be unreasonably withheld or delayed with respect expense, may cause an engineer selected by Landlord, to proposed alterations and additions which: review (i) comply with all applicable lawsTenant’s operations including, ordinanceswithout limitation, rules materials used, generated, stored, disposed, and regulations; manufactured in Tenant’s business, and (ii) are compatible Tenant’s compliance with the Building and its mechanical, electrical, HVAC and life safety systems; (iii) will not affect the structural portions terms of the Building (provided, however, Landlord shall not unreasonably withhold consent to the construction of an internal staircase in accordance with and subject to the terms and conditions of the Work Letter); (iv) will not interfere with the use and occupancy of any other portion of the Building by any other tenant; and (v) will not trigger any additional costs to Landlord. Specifically, but without limiting the generality of the foregoing, Landlord’s right of consent (which shall not be unreasonably withheld) shall encompass plans and specifications for proposed alterations or additions, construction means and methods, the identity of any contractor or subcontractor to be employed on the work of alterations or additions, and the time for performance of such workthis Section 15.4. Tenant shall supply to Landlord any additional documents and provide the engineer with such information reasonably requested by Landlord in connection with Tenant’s request for consent hereunderthe engineer to complete such review. Notwithstanding the foregoing The first such review may occur prior to or anything to the contrary contained elsewhere in this Article 8, Tenant shall have the right, without Landlord’s consent, to make any alteration that meets all of the shortly following criteria (a “Cosmetic Alteration”): (a) the alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work) or is limited to Tenant’s data and communications cabling, (b) Tenant provides Landlord with ten (10) days’ advance written notice of the commencement of the Term. Thereafter, such alteration, (c) such alteration does review shall not affect the Building’s electrical, mechanical, life safety, plumbing, security, or HVAC systems or any occur more frequently than once each year unless reasonable cause exists for some other portion of the base building or any part of the Building other than the Premises, (d) the work will not decrease the value of the Premises, uses only new or like-new materials comparable in quality to those being replaced and is performed in a ▇▇▇▇▇▇▇ like manner and in accordance with all legal requirements, and (e) the cost of such alteration does not exceed Ten Thousand Dollars ($10,000.00) per project. At the time Tenant notifies Landlord of any Cosmetic Alteration, Tenant shall give Landlord a copy of Tenant’s plans for the work. If the Cosmetic Alteration is of such a nature that formal plans will not be prepared for the work, Tenant shall provide Landlord with a reasonably specific written description of the workreview schedule.
Appears in 1 contract
Sources: Purchase and Sale Agreement (LL Flooring Holdings, Inc.)
Landlord Consent. Tenant shall not make or allow to be made any alterations or additions in or (a) If, pursuant to the Premises without first obtaining the written terms of this Lease, any consent of Landlord. Landlord’s consent will or approval by Landlord or Tenant is not to be unreasonably withheld or delayed with respect is subject to proposed alterations and additions which: a specified standard, then in the event of a final determination that the consent or approval was unreasonably withheld or that such specified standard has been met (i) comply with all applicable lawssuch that the consent or approval should have been granted), ordinances, rules and regulations; (ii) are compatible with the Building and its mechanical, electrical, HVAC and life safety systems; (iii) will not affect consent or approval shall be deemed granted but the structural portions granting of the Building consent or approval shall be the only remedy to the party requesting or requiring the consent or approval.
(providedb) If any matter which is the subject of a request for consent or approval hereunder by Tenant requires the consent or approval by any Superior Party under the Superior Instruments (including, howeverby way of example, proposed Alterations), Tenant shall submit in writing such request (together with any plans, specifications or other materials or documents necessary or appropriate in connection therewith) to Landlord, and Landlord shall, provided Tenant is not then in monetary or material non-monetary default hereunder, in each instance, beyond the expiration of any applicable notice and/or cure period, promptly forward such request to such of the foregoing parties from whom consent is required and otherwise cooperate reasonably with Tenant in requesting and seeking to obtain such required consent; and, in any such case, Landlord shall not in no event be deemed to have unreasonably withhold withheld or delayed any such request for consent to the construction of an internal staircase in accordance with and subject to the terms and conditions or approval if any of the Work Letterforegoing parties shall fail to respond to such request (unless such failure is deemed to constitute consent under the applicable Superior Instrument) or shall deny same. If Landlord shall so determine that any such matter requires the consent or approval of any of the foregoing parties, Landlord shall use good faith reasonable efforts to obtain from such parties such consent or approval (but without any obligation to pay any fee to such party unless Tenant agrees to pay the same); (iv) will not interfere with the use and occupancy of any other portion of the Building by any other tenant; and (v) will not trigger any additional costs provided that Tenant shall submit to Landlord. Specifically, but without limiting the generality of the foregoing, upon Landlord’s right of consent (which shall not request therefor, all plans, specifications or other materials, information or documentation as may be unreasonably withheld) shall encompass plans and specifications for proposed alterations or additionsreasonably required by such parties, construction means and methods, under the identity of any contractor or subcontractor to be employed on the work of alterations or additions, and the time for performance Superior Instruments in connection with each such parties’ respective consideration of such workrequest. Tenant shall supply pay to Landlord, within thirty (30) days after demand therefor, as Additional Rent, all actual out-of-pocket fees, charges or other expenses Landlord may incur arising out of any additional documents and information requested by Landlord in connection with Tenant’s such request for consent hereunderor approval. Notwithstanding the foregoing or anything to the contrary contained elsewhere In no event shall Tenant communicate (other than through Landlord) with any Superior Party in this Article 8, Tenant shall have the right, without Landlord’s consent, to make respect of any alteration that meets all of the following criteria (a “Cosmetic Alteration”): (a) the alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work) or is limited to Tenant’s data and communications cabling, (b) Tenant provides Landlord with ten (10) days’ advance written notice of the commencement of such alteration, (c) such alteration does not affect the Building’s electrical, mechanical, life safety, plumbing, security, or HVAC systems Alterations or any other portion of the base building or any part of the Building other than the Premises, (d) the work will not decrease the value of the Premises, uses only new or like-new materials comparable in quality matter pertaining to those being replaced and is performed in a ▇▇▇▇▇▇▇ like manner and in accordance with all legal requirements, and (e) the cost of such alteration does not exceed Ten Thousand Dollars ($10,000.00) per project. At the time Tenant notifies Landlord of any Cosmetic Alteration, Tenant shall give Landlord a copy of Tenant’s plans for the work. If the Cosmetic Alteration is of such a nature that formal plans will not be prepared for the work, Tenant shall provide Landlord with a reasonably specific written description of the workthis Lease.
Appears in 1 contract
Landlord Consent. Tenant shall will not make any alterations, installations, changes, replacements, additions or allow to be made any alterations improvements, structural or additions otherwise (collectively, "Alterations") in or to the Demised Premises or any part thereof, without first obtaining the prior written consent of Landlord, which may be granted or withheld for structural Alterations and Alterations which would be visible from the exterior of the Building. Any construction up-gradings required by any governmental authority as a result of said Alterations, either in the Demised Premises or in any other part of the Building, will be paid for by Tenant. Tenant shall not install any equipment of any nature whatsoever which may affect the insurance rating of the Building, or which may necessitate any changes, replacements or additions to the plumbing system, heating system, air-conditioning system or the electrical system of the Demised Premises, without the prior written consent of Landlord’s consent will not , which may be unreasonably granted or withheld in Landlord's sole discretion. Tenant shall pay all costs to make such changes, replacements or delayed additions. Any approved Alterations shall be made by licensed and bonded contractors and mechanics approved by Landlord, in accordance with respect to proposed alterations and additions which: (i) comply with all the applicable lawslaws and ordinances of any public authority having jurisdiction over the Building, ordinances, rules and regulations; (ii) are compatible with the Building building code and its mechanicalzoning regulations of any such authority, electrical, HVAC and life safety systems; (iii) will not affect any rules and regulations established from time to time by the structural portions Underwriters Association of the Building (provided, however, Landlord shall not unreasonably withhold consent local area. Prior to the commencing construction of an internal staircase in accordance with and subject to the terms and conditions of the Work Letter); (iv) will not interfere with the use and occupancy of any other portion of the Building by any other tenant; and (v) will not trigger any additional costs to Landlord. Specifically, but without limiting the generality of the foregoing, Landlord’s right of consent (which shall not be unreasonably withheld) shall encompass plans and specifications for proposed alterations or additions, construction means and methods, the identity of any contractor or subcontractor to be employed on the work of alterations or additions, and the time for performance of such work. Tenant shall supply to Landlord any additional documents and information requested by Landlord in connection with Tenant’s request for consent hereunder. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Article 8, Tenant shall have the right, without Landlord’s consent, to make any alteration that meets all of the following criteria (a “Cosmetic Alteration”): (a) the alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work) or is limited to Tenant’s data and communications cabling, (b) Tenant provides Landlord with ten (10) days’ advance written notice of the commencement of such alteration, (c) such alteration does not affect the Building’s electrical, mechanical, life safety, plumbing, security, or HVAC systems or any other portion of the base building or any part of the Building other than the Premises, (d) the work will not decrease the value of the Premises, uses only new or like-new materials comparable in quality to those being replaced and is performed in a ▇▇▇▇▇▇▇ like manner and in accordance with all legal requirements, and (e) the cost of such alteration does not exceed Ten Thousand Dollars ($10,000.00) per project. At the time Tenant notifies Landlord of any Cosmetic approved Alteration, Tenant shall give obtain any necessary building permits and shall deliver copies of such permits to Landlord. Landlord, in Landlord's sole discretion, may require as a condition precedent to the commencement of construction of any Alterations that Tenant furnish evidence to Landlord that Tenant and Tenant's contractors carry insurance as specified in Sections 19(b)and 19(d) hereof and such additional insurance as Landlord may reasonably require. All Alterations shall be performed in a copy good and workmanlike manner, using building standard materials. All Alterations shall be performed without interference with the work or business operations of Landlord or of the other tenants of the Building. Tenant and Tenant’s plans 's contractors shall be responsible for the work. If transportation, safe-keeping and storage of materials and equipment used in the Cosmetic Alteration is performance of such a nature that formal plans will not be prepared Alterations and for the workremoval of waste and debris resulting from the performance of Alterations (it being agreed that prior to removal, all such materials, equipment, waste and debris shall be stored safely by Tenant shall provide Landlord with a reasonably specific written description of within the workDemised Premises).
Appears in 1 contract
Sources: Office Building Lease (Pc Tel Inc)
Landlord Consent. If, during the Term, Tenant contemplates utilizing Hazardous Materials (or subleasing or assigning this Lease to a subtenant or assignee who utilizes Hazardous Materials), other than de minimus amounts of customary office and cleaning supplies in compliance with applicable Environmental Laws, Tenant shall not make or allow to be made any alterations or additions in or to obtain the Premises without first obtaining the prior written consent of Landlord. Landlord’s consent will As a condition of granting such consent, Landlord may require, among other things, that a) such substances be of the type customarily used in offices and be used and maintained only in such quantities as are reasonably necessary for the Permitted Use and in strict accordance with applicable Environmental Laws and manufacturer instructions therefor; b) such substances shall not be unreasonably withheld disposed of, released or delayed with respect discharged on the Premises and shall be transported to proposed alterations and additions which: (i) comply from the Premises in compliance with all applicable laws, ordinances, rules Environmental Laws and regulations; (ii) are compatible with the Building and its mechanical, electrical, HVAC and life safety systems; (iii) will not affect the structural portions of the Building (provided, however, as Landlord shall not unreasonably withhold consent to reasonably require; c) any remaining such substances shall be completely, properly and lawfully removed from the construction Premises upon expiration or earlier termination of an internal staircase in accordance with and subject to the terms and conditions of the Work Letter); (iv) will not interfere with the use and occupancy of any other portion of the Building by any other tenantthis Lease; and (vd) will not trigger any additional costs Tenant carry environmental insurance acceptable to Landlord. Specifically, but without limiting meeting the generality requirements of the foregoing, Landlord’s right of consent (which shall not be unreasonably withheld) shall encompass plans Sections 18.2 and specifications for proposed alterations or additions, construction means and methods, the identity of any contractor or subcontractor to be employed on the work of alterations or additions18.3, and the time for performance naming Landlord as an additional insured. If any applicable Environmental Law or other ordinance requires that any such substances be disposed of such work. Tenant shall supply to Landlord any additional documents and information requested by Landlord in connection with Tenant’s request for consent hereunder. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Article 8separately from ordinary trash, Tenant shall have the rightmake arrangements, without Landlord’s consent, to make any alteration that meets all of the following criteria (a “Cosmetic Alteration”): (a) the alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work) or is limited to at Tenant’s data expense, for such disposal directly with a qualified and communications cabling, (b) Tenant provides Landlord with ten (10) days’ advance written notice of the commencement licensed disposal company at a lawful disposal site and shall ensure that such disposal occurs frequently enough to prevent unnecessary storage of such alteration, (c) such alteration does not affect the Building’s electrical, mechanical, life safety, plumbing, security, or HVAC systems or any other portion of the base building or any part of the Building other than substances on the Premises, (d) the work will not decrease the value of the Premises, uses only new or like-new materials comparable in quality to those being replaced and is performed in a ▇▇▇▇▇▇▇ like manner and in accordance with all legal requirements, and (e) the cost of such alteration does not exceed Ten Thousand Dollars ($10,000.00) per project. At the time Tenant notifies such times as Landlord of any Cosmetic Alteration, Tenant shall give Landlord a copy of Tenant’s plans for the work. If the Cosmetic Alteration is of such a nature that formal plans will not be prepared for the workmay reasonably request, Tenant shall provide Landlord with a reasonably specific written description list identifying any Hazardous Materials then used, stored or maintained upon the Premises, the use and approximate quantity of each such material, a copy of any Material Safety Data Sheet (“MSDS”) issued by the manufacturer thereof, written information concerning the removal, transportation, and disposal of the worksame, and such other information as Landlord may reasonably require or as may be required by Environmental Laws. Landlord, at its option, and at Tenant’s expense, may cause an engineer selected by Landlord, to review (1) Tenant’s operations including, without limitation, materials used, generated, stored, disposed, and manufactured in Tenant’s business; and (2) Tenant’s compliance with terms of this Section. Tenant shall provide the engineer with such information reasonably requested by the engineer to complete the review. The first such review may occur prior to or shortly following the commencement of the Term. Thereafter, such review shall not occur more frequently than once each year unless cause exists for some other review schedule.
Appears in 1 contract
Sources: Lease Agreement (Nautilus, Inc.)
Landlord Consent. Tenant shall will not make any alterations, installations, changes, replacements, additions or allow to be made any alterations improvements, structural or additions otherwise (collectively, “Alterations”) in or to the Demised Premises or any part thereof, without first obtaining the prior written consent of Landlord, which may be granted or withheld for structural Alterations and Alterations which would be visible from the exterior of the Building. Any construction up-gradings required by any governmental authority as a result of said Alterations, either in the Demised Premises or in any other part of the Building, will be paid for by Tenant. Tenant shall not install any equipment of any nature whatsoever which may affect the insurance rating of the Building, or which may necessitate any changes, replacements or additions to the plumbing system, heating system, air-conditioning system or the electrical system of the Demised Premises, without the prior written consent of Landlord, which may be granted or withheld in Landlord’s consent will not sole discretion. Tenant shall pay all costs to make such changes, replacements or additions. Any approved Alterations shall be unreasonably withheld or delayed made by licensed and bonded contractors and mechanics approved by Landlord, in accordance with respect to proposed alterations and additions which: (i) comply with all the applicable lawslaws and ordinances of any public authority having jurisdiction over the Building, ordinances, rules and regulations; (ii) are compatible with the Building building code and its mechanicalzoning regulations of any such authority, electrical, HVAC and life safety systems; (iii) will not affect any rules and regulations established from time to time by the structural portions Underwriters Association of the Building (provided, however, Landlord shall not unreasonably withhold consent local area. Prior to the commencing construction of an internal staircase in accordance with and subject to the terms and conditions of the Work Letter); (iv) will not interfere with the use and occupancy of any other portion of the Building by any other tenant; and (v) will not trigger any additional costs to Landlord. Specifically, but without limiting the generality of the foregoing, Landlord’s right of consent (which shall not be unreasonably withheld) shall encompass plans and specifications for proposed alterations or additions, construction means and methods, the identity of any contractor or subcontractor to be employed on the work of alterations or additions, and the time for performance of such work. Tenant shall supply to Landlord any additional documents and information requested by Landlord in connection with Tenant’s request for consent hereunder. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Article 8, Tenant shall have the right, without Landlord’s consent, to make any alteration that meets all of the following criteria (a “Cosmetic Alteration”): (a) the alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work) or is limited to Tenant’s data and communications cabling, (b) Tenant provides Landlord with ten (10) days’ advance written notice of the commencement of such alteration, (c) such alteration does not affect the Building’s electrical, mechanical, life safety, plumbing, security, or HVAC systems or any other portion of the base building or any part of the Building other than the Premises, (d) the work will not decrease the value of the Premises, uses only new or like-new materials comparable in quality to those being replaced and is performed in a ▇▇▇▇▇▇▇ like manner and in accordance with all legal requirements, and (e) the cost of such alteration does not exceed Ten Thousand Dollars ($10,000.00) per project. At the time Tenant notifies Landlord of any Cosmetic approved Alteration, Tenant shall give obtain any necessary building permits and shall deliver copies of such permits to Landlord. Landlord, in Landlord’s sole discretion, may require as a condition precedent to the commencement of construction of any Alterations that Tenant furnish evidence to Landlord a copy of that Tenant and Tenant’s plans contractors carry insurance as specified in Sections 18(b) and 18(d) hereof and such additional insurance as Landlord may reasonably require. All Alterations shall be performed in a first-class manner, using first-class materials which are building standard. All Alterations shall be performed without interference with the work or business operations of Landlord or of the other tenants of the Building. Tenant and Tenant’s contractors shall be responsible for the work. If transportation, safe-keeping and storage of materials and equipment used in the Cosmetic Alteration is performance of such a nature that formal plans will not be prepared Alterations and for the workremoval of waste and debris resulting from the performance of Alterations (it being agreed that prior to removal, all such materials, equipment, waste and debris shall be stored safely by Tenant shall provide Landlord with a reasonably specific written description of within the workDemised Premises).
Appears in 1 contract
Sources: Deed of Lease (Saflink Corp)
Landlord Consent. If during the Term of this Lease, Tenant contemplates utilizing Hazardous Materials (or subleasing or assigning this Lease to a subtenant or assignee who utilizes Hazardous Materials) in excess of Nominal Amounts, Tenant shall not make or allow to be made any alterations or additions in or to obtain the Premises without first obtaining the prior written consent of Landlord. Landlord’s consent will As a condition of granting such consent, Landlord may require, among other things, that (a) such substances be of the type customarily used in offices and be used and maintained only in such quantities as are reasonably necessary for the Permitted Use and in strict accordance with applicable Environmental Laws and manufacturer instructions therefor; (b) such substances shall not be unreasonably withheld disposed of, released or delayed with respect discharged on the Project and shall be transported to proposed alterations and additions which: (i) comply from the Premises in compliance with all applicable laws, ordinances, rules Environmental Laws and regulationsas Landlord shall reasonably require; (iic) are compatible with any remaining such substances shall be completely, properly and lawfully removed from the Premises, the Building and its mechanical, electrical, HVAC and life safety systemsthe Project upon expiration or earlier termination of this Lease; (iiid) will such use shall not affect constitute a nuisance, danger or health risk to or disrupt the structural portions business of any other occupant of the Building (provided, however, Landlord shall not unreasonably withhold consent to or the construction of an internal staircase in accordance with and subject to the terms and conditions of the Work Letter)Project; (iv) will not interfere with the use and occupancy of any other portion of the Building by any other tenant; and (v) will not trigger any additional costs to Landlord. Specifically, but without limiting the generality of the foregoing, Landlord’s right of consent (which shall not be unreasonably withheld) shall encompass plans and specifications for proposed alterations or additions, construction means and methods, the identity of any contractor or subcontractor to be employed on the work of alterations or additions, and the time for performance of such work. Tenant shall supply to Landlord any additional documents and information requested by Landlord in connection with Tenant’s request for consent hereunder. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Article 8, Tenant shall have the right, without Landlord’s consent, to make any alteration that meets all of the following criteria (a “Cosmetic Alteration”): (a) the alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work) or is limited to Tenant’s data and communications cabling, (b) Tenant provides Landlord with ten (10) days’ advance written notice of the commencement of such alteration, (c) such alteration does not affect the Building’s electrical, mechanical, life safety, plumbing, security, or HVAC systems or any other portion of the base building or any part of the Building other than the Premises, (d) the work will not decrease the value of the Premises, uses only new or like-new materials comparable in quality to those being replaced and is performed in a ▇▇▇▇▇▇▇ like manner and in accordance with all legal requirements, and (e) if reasonably required by Landlord based on Tenant’s anticipated use, Tenant carry environmental insurance acceptable to Landlord, meeting the cost requirements of Sections 18.2 and 18.3, and naming Landlord as an additional insured. If any applicable Environmental Law or other ordinance or Landlord’s trash removal contractor requires that any such alteration does not exceed Ten Thousand Dollars ($10,000.00) per project. At the time Tenant notifies Landlord substances be disposed of any Cosmetic Alterationseparately from ordinary trash, Tenant shall give Landlord a copy of make arrangements, at Tenant’s plans expense, for the work. If the Cosmetic Alteration is such disposal directly with a qualified and licensed disposal company at a lawful disposal site and shall ensure that such disposal occurs frequently enough to prevent unnecessary storage of such a nature that formal plans will substances on the Premises. At such times as Landlord may reasonably request, but not be prepared for the workmore than semi-annually, Tenant shall provide Landlord with a reasonably specific written description list identifying any Hazardous Materials then used, stored or maintained upon the Premises, the use and approximate quantity of each such material, a copy of any Material Safety Data Sheet (“MSDS”) issued by the manufacturer thereof, written information concerning the removal, transportation, and disposal of the worksame, and such other information as Landlord may reasonably require or as may be required by Environmental Laws. Landlord, at its option, and at Tenant’s expense, after notice to Tenant of bona fide issue and Tenant’s opportunity to respond, may cause an engineer selected by Landlord, to review (1) Tenant’s operations including, without limitation, materials used, generated, stored, disposed, and manufactured in Tenant’s business; and (2) Tenant’s compliance with terms of this Section. Tenant shall provide the engineer with such information reasonably requested by the engineer to complete the review. The first such review may occur prior to or shortly following the commencement of the Term of this Lease. Thereafter, such review shall not occur more frequently than once each year unless cause exists for some other review schedule. If any such review does not establish any violation by Tenant, and provided such review was not requested because Tenant locates Hazardous Materials on the Premises in excess of Nominal Amounts, Landlord shall, on demand, reimburse Tenant for the reasonable costs of such review.
Appears in 1 contract
Sources: Lease (Ecost Com Inc)
Landlord Consent. If during the Term of this Lease, Tenant contemplates utilizing Hazardous Materials (or subleasing or assigning this Lease to a subtenant or assignee who utilizes Hazardous Materials), other than de minimus amounts of customary office and cleaning supplies in compliance with applicable Environmental Laws, Tenant shall not make or allow to be made any alterations or additions in or to obtain the Premises without first obtaining the prior written consent of Landlord. Landlord’s consent will As a condition of granting such consent, Landlord may require, among other things, that (a) such substances be of the type customarily used in offices and be used and maintained only in such quantities as are reasonably necessary for the Permitted Use and in strict accordance with applicable Environmental Laws and manufacturer instructions therefor; (b) such substances shall not be unreasonably withheld disposed of, released or delayed with respect discharged on the Project and shall be transported to proposed alterations and additions which: (i) comply from the Premises in compliance with all applicable laws, ordinances, rules Environmental Laws and regulationsas Landlord shall reasonably require; (iic) are compatible with any remaining such substances shall be completely, properly and lawfully removed from the Premises, the Building and its mechanical, electrical, HVAC and life safety systemsthe Project upon expiration or earlier termination of this Lease; (iiid) will such use shall not affect constitute a nuisance, danger or health risk to or disrupt the structural portions business of any other occupant of the Building (provided, however, Landlord shall not unreasonably withhold consent to or the construction of an internal staircase in accordance with and subject to the terms and conditions of the Work Letter)Project; (iv) will not interfere with the use and occupancy of any other portion of the Building by any other tenant; and (v) will not trigger any additional costs to Landlord. Specifically, but without limiting the generality of the foregoing, Landlord’s right of consent (which shall not be unreasonably withheld) shall encompass plans and specifications for proposed alterations or additions, construction means and methods, the identity of any contractor or subcontractor to be employed on the work of alterations or additions, and the time for performance of such work. Tenant shall supply to Landlord any additional documents and information requested by Landlord in connection with Tenant’s request for consent hereunder. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Article 8, Tenant shall have the right, without Landlord’s consent, to make any alteration that meets all of the following criteria (a “Cosmetic Alteration”): (a) the alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work) or is limited to Tenant’s data and communications cabling, (b) Tenant provides Landlord with ten (10) days’ advance written notice of the commencement of such alteration, (c) such alteration does not affect the Building’s electrical, mechanical, life safety, plumbing, security, or HVAC systems or any other portion of the base building or any part of the Building other than the Premises, (d) the work will not decrease the value of the Premises, uses only new or like-new materials comparable in quality to those being replaced and is performed in a ▇▇▇▇▇▇▇ like manner and in accordance with all legal requirements, and (e) Tenant carry environmental insurance acceptable to Landlord, meeting the cost requirements of Sections 18.2 and 18.3, and naming Landlord as an additional insured. If any applicable Environmental Law or other ordinance or Landlord’s trash removal contractor requires that any such alteration does not exceed Ten Thousand Dollars ($10,000.00) per project. At the time Tenant notifies Landlord substances be disposed of any Cosmetic Alterationseparately from ordinary trash, Tenant shall give Landlord a copy of make arrangements, at Tenant’s plans expense, for the work. If the Cosmetic Alteration is such disposal directly with a qualified and licensed disposal company at a lawful disposal site and shall ensure that such disposal occurs frequently enough to prevent unnecessary storage of such a nature that formal plans will not be prepared for substances on the workPremises. After obtaining such consent, (x) at such times as Landlord may reasonably request, Tenant shall provide Landlord with a reasonably specific written description list identifying any Hazardous Materials then used, stored or maintained upon the Premises, the use and approximate quantity of each such material, a copy of any Material Safety Data Sheet (“MSDS”) issued by the manufacturer thereof, written information concerning the removal, transportation, and disposal of the worksame, and such other information as Landlord may reasonably require or as may be required by Environmental Laws, and (y) Landlord, at its option, and at Tenant’s expense, may cause an engineer selected by Landlord, to review (1) Tenant’s operations including, without limitation, materials used, generated, stored, disposed, and manufactured in Tenant’s business; and (2) Tenant’s compliance with terms of this Section. Tenant shall provide the engineer with such information reasonably requested by the engineer to complete the review. The first such review may occur prior to or shortly following the commencement of the Term of this Lease. Thereafter, such review shall not occur more frequently than once each year unless cause exists for some other review schedule.
Appears in 1 contract
Sources: Office Lease (Eargo, Inc.)
Landlord Consent. Tenant shall not make or allow to be made any alterations or additions in or (a) If, pursuant to the Premises without first obtaining the written terms of this Lease, any consent of Landlord. Landlord’s consent will or approval by Landlord or Tenant is not to be unreasonably withheld or delayed with respect is subject to proposed alterations and additions which: a specified standard, then in the event of a final determination that the consent or approval was unreasonably withheld or that such specified standard has been met (i) comply with all applicable lawssuch that the consent or approval should have been granted), ordinances, rules and regulations; (ii) are compatible with the Building and its mechanical, electrical, HVAC and life safety systems; (iii) will not affect consent or approval shall be deemed granted but the structural portions granting of the Building consent or approval shall be the only remedy to the party requesting or requiring the consent or approval.
(providedb) If any matter which is the subject of a request for consent or approval hereunder by Tenant requires the consent or approval by any Superior Party under the Superior Instruments (including, howeverby way of example, proposed Alterations), Tenant shall submit in writing such request (together with any plans, specifications or other materials or documents necessary or appropriate in connection therewith) to Landlord, and Landlord shall, provided Tenant is not then in monetary or material non-monetary default hereunder, in each instance, beyond the expiration of any applicable notice “and/or cure period, promptly forward such request to such of the foregoing parties from whom consent is required and otherwise cooperate reasonably with Tenant in requesting and seeking to obtain such required consent; and, in any such case, Landlord shall not in no event be deemed to have unreasonably withhold withheld or delayed any such request for consent to the construction of an internal staircase in accordance with and subject to the terms and conditions or approval if any of the Work Letterforegoing parties shall fail to respond to such request (unless such failure is deemed to constitute consent under the applicable Superior Instrument) or shall deny same. If Landlord shall so determine that any such matter requires the consent or approval of any of the foregoing parties, Landlord shall use good faith reasonable efforts to obtain from such parties such consent or approval (but without any obligation to pay any fee to such party unless Tenant agrees to pay the same); (iv) will not interfere with the use and occupancy of any other portion of the Building by any other tenant; and (v) will not trigger any additional costs provided that Tenant shall submit to Landlord. Specifically, but without limiting the generality of the foregoing, upon Landlord’s right of consent (which shall not request therefor, all plans, specifications or other materials, information or documentation as may be unreasonably withheld) shall encompass plans and specifications for proposed alterations or additionsreasonably required by such parties, construction means and methods, under the identity of any contractor or subcontractor to be employed on the work of alterations or additions, and the time for performance Superior Instruments in connection with each such parties’ respective consideration of such workrequest. Tenant shall supply pay to Landlord, within thirty (30) days after demand therefor, as Additional Rent, all actual out-of-pocket fees, charges or other expenses Landlord may incur arising out of any additional documents and information requested by Landlord in connection with Tenant’s such request for consent hereunderor approval. Notwithstanding the foregoing or anything to the contrary contained elsewhere In no event shall Tenant communicate (other than through Landlord) with any Superior Party in this Article 8, Tenant shall have the right, without Landlord’s consent, to make respect of any alteration that meets all of the following criteria (a “Cosmetic Alteration”): (a) the alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work) or is limited to Tenant’s data and communications cabling, (b) Tenant provides Landlord with ten (10) days’ advance written notice of the commencement of such alteration, (c) such alteration does not affect the Building’s electrical, mechanical, life safety, plumbing, security, or HVAC systems Alterations or any other portion of the base building or any part of the Building other than the Premises, (d) the work will not decrease the value of the Premises, uses only new or like-new materials comparable in quality matter pertaining to those being replaced and is performed in a ▇▇▇▇▇▇▇ like manner and in accordance with all legal requirements, and (e) the cost of such alteration does not exceed Ten Thousand Dollars ($10,000.00) per project. At the time Tenant notifies Landlord of any Cosmetic Alteration, Tenant shall give Landlord a copy of Tenant’s plans for the work. If the Cosmetic Alteration is of such a nature that formal plans will not be prepared for the work, Tenant shall provide Landlord with a reasonably specific written description of the workthis Lease.
Appears in 1 contract