Common use of Leasehold Improvements Clause in Contracts

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Term.

Appears in 2 contracts

Samples: Improvement Agreement (Objective Systems Integrators Inc), Improvement Agreement (Objective Systems Integrators Inc)

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Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter the Premises or Project without Landlord's ’s prior written approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall therefor (in each case not to be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approvalunreasonably withheld or delayed). In no event shall Tenant make any alterations to the Premises or Project which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consentPremises or Project. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's ’s expense using a licensed contractor first reasonably approved by Landlord in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtainedobtained and copies of same have been provided to Landlord, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five ten (510) days prior written notice of its intention to commence such construction, and (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by LandlordLandlord in its reasonable discretion, Tenant shall have obtained or caused its general contractor to obtain contingent liability and broad form builders risk insurance and/or completion and performance bonds in an amount reasonably satisfactory to Landlord. Tenant shall pay to Landlord if there are any perils relating to a fee of 3 percent (3%) of the proposed total cost of design and construction not covered by insurance carried pursuant to Article 9. of such work for Landlord’s services in protecting the Premises and shall reimburse Landlord shall cause to be made available to Tenant for all information maintained expenses incurred by Landlord or Landlord's architect which relates to in connection with the plans for the Buildingreview, including approval and supervision of any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Leasehold Improvements made by Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant , but shall have not be damaged, altered, or removed from the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold ImprovementsPremises. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of removed from the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord Premises in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease TermSection 16.2.

Appears in 2 contracts

Samples: Lease Agreement (Avago Technologies LTD), Lease Agreement (Avago Technologies Manufacturing (Singapore) Pte. Ltd.)

Leasehold Improvements. Tenant All improvements in and to the Premises, including any Alterations (defined in Section 9.03) (collectively, “Leasehold Improvements”) shall not construct any Leasehold ---------------------- Improvements or otherwise alter remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, shall remove any Cable (defined in Section 9.01 below). In addition, Landlord's , by written notice to Tenant at least 30 days prior approval if such action results to the Termination Date, may require Tenant, at Tenant’s expense, to remove any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal or alteration of any material portion of existing Improvements and repair costs associated with standard office improvements (including wall the Cable and floor coveringssuch other items collectively are referred to as “Required Removables”). Required Removables shall include, ceilingswithout limitation, lighting fixtures or other utility installations) internal stairways, raised floors, personal baths and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements doneshowers, under constructionvaults, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), rolling file systems and not until Landlord shall have first approved the plans structural alterations and specifications therefor, which approval modifications. The Required Removables shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed removed by Tenant at Tenant's expense in substantial compliance with before the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good qualityTermination Date. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof and returns the Premises of Required Removables. If Tenant fails to the condition existing prior to the installation of perform its obligations in a timely manner, Landlord may perform such Leasehold Improvementswork at Tenant’s expense. At the expiration or sooner termination of the Lease TermTenant, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to it requests approval for a proposed Alteration, including any Landlord Work, as such Leasehold Improvementsterm may be defined in the Work Letter attached as Exhibit C, Landlord informed Tenant may request in writing that Landlord would require that such Leasehold Improvements be removed and advise Tenant whether the Premises returned to the condition existing prior to the installation Alteration, including any Landlord Work, or any portion thereof, ordinary wear and tear exceptedis a Required Removable. Within 10 days after receipt of Tenant’s request, at the expiration or earlier termination Landlord shall advise Tenant in writing as to which portions of the Lease Termalteration or other improvements are Required Removables. Notwithstanding the foregoing, the Landlord agrees that, except for any Cable, the improvements identified on the Space Plans (as defined in the Work Letter attached as Exhibit C), as specifically shown thereon as of the date hereof, shall not be deemed Required Removables.

Appears in 2 contracts

Samples: Office Lease Agreement (Akebia Therapeutics, Inc.), Office Lease Agreement (Akebia Therapeutics, Inc.)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such All Leasehold Improvements doneshall, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained except as expressly provided in this Lease, remain upon the Premises at the end of the Term without compensation to Tenant. “Leasehold Improvements” shall mean and include all Initial Tenant shall have Work, Alterations and other leasehold improvements from time to time existing in or made to the right Premises, including without limitation any such leasehold improvements (if any) that exist as of the applicable Delivery Date or Term Commencement Date under this Lease or that are made by or for the benefit of Tenant (or any party acting under or through Tenant) before the Term Commencement Date or thereafter from time to reconfigure demountable walls and partitions without time during the Term. Landlord's prior , by written consent. All such approved Leasehold Improvements shall be installed by notice to Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice time of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone approval of the commencement of construction on the day it commencesInitial Tenant Work or Alteration, and (v) if reasonably requested by Landlordas applicable, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Buildingmay require Tenant, including any "as-built" plans for the Buildingat Tenant’s expense, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by Initial Tenant Work or Alteration or portion thereof that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal thereof and returns the Premises to the condition repair costs associated with standard office improvements (“Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, private baths and showers, vaults, rolling file systems, structural alterations and modifications and any Cable installed by or on behalf of Tenant, but shall specifically exclude, without limitation, any Cable existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination as of the Lease Term, all Leasehold Improvements that applicable Delivery Date for each Phase Premises. If Landlord fails to notify Tenant does not elect of the requirement to remove such Initial Tenant Work, Alteration or portion thereof at the time of its approval, such Initial Tenant Work or Alteration shall be surrendered deemed not to Landlord as be a part of the realty and shall then become Landlord's propertyRequired Removable, and Landlord Tenant shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) it at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination end of the Lease Term.the

Appears in 2 contracts

Samples: Office Lease Agreement (Klaviyo, Inc.), Office Lease Agreement (Klaviyo, Inc.)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements Any trade fixtures, unattached and movable equipment or otherwise alter furniture, or other personalty brought into the Premises without Landlordby Tenant ("Tenant's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installationsProperty") and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received owned and insured by Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) remove all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns Property from the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions terms of paragraph 15.2 if Article XXXV hereof. Any and all alterations, additions and improvements to the Premises, including any built-in furniture (icollectively, "Leasehold Improvements") such Leasehold Improvements were installed shall be owned and insured by Landlord and shall remain upon the Premises, all without the compensation, allowance or credit to Tenant. Landlord may, nonetheless, at any time prior written consent of Landlordto, or within six (ii6) at the time Tenant requested Landlord's consent to such Leasehold Improvementsmonths after, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of this Lease or Tenant's right to possession, require Tenant to remove any Leasehold Improvements performed by or for the benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables within ten (10) days after written notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease Termor Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by such removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition, ordinary wear, tear and casualty excepted. If Tenant fails to remove any specified Required Removables or to perform any required repairs and restoration within the time period specified above, Landlord, at Tenant's sole cost and expense, may remove, store, sell and/or dispose of the Required Removables and perform such required repairs and restoration work. Tenant, within five (5) days after demand from Landlord, shall reimburse Landlord for any and all reasonable costs incurred by Landlord in connection with the Required Removables. Notwithstanding the foregoing, Tenant may request in writing at the time it submits its plans and specifications for an alteration, addition or improvement, that Landlord advise Tenant whether Landlord will require Tenant to remove, at the termination of this Lease or Tenant's right to possession hereunder, such alteration, addition or improvement, or any particular portion thereof andLandlord shall advise Tenant within twenty (20) days after receipt of Tenant's request as to whether Landlord will require removal; provided, however, Landlord shall have the right to require Tenant to remove any vault, stairway, raised floor or structural alterations installed in the Premises, regardless of whether Landlord timely notified Tenant that it would require such removal.

Appears in 2 contracts

Samples: Office Lease Agreement (Acacia Research Corp), Office Lease Agreement (Acacia Research Corp)

Leasehold Improvements. Tenant All improvements in and to the Premises, including any Alterations (defined in Section 9.03) (collectively, “Leasehold Improvements”) shall not construct any Leasehold ---------------------- Improvements or otherwise alter remain upon the Premises at the end of the Term without Landlord's prior approval if such action results compensation to Tenant (including, but not limited to, any pantry and kitchen appliances installed by or for Tenant), provided, however, and notwithstanding the foregoing, Tenant shall, at Tenant’s expense, remove all Required Removables (as hereinafter defined), including any Cable installed by Tenant (defined in Section 9.01 below), in compliance with the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures National Electric Code or other utility installationsapplicable Law. Landlord, by written notice to Tenant (the “Removal Notice”) and (a) given at the cost time of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements doneits consent to any Alteration, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied provided Tenant has requested in writing that Landlord identify any Required Removables in connection with Landlord’s consent to such Alteration (or delivered within ten thirty (1030) working days after Landlord shall have received receives written notice of Tenant's request for such approval. In no event shall Tenant make ’s desire to perform a Cosmetic Alteration (as hereinafter defined)), may require Tenant, at its expense, to remove any alterations to the Premises which could significantly affect the structural integrity or the exterior design Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the Improvementsremoval and repair costs associated with standard office improvements (the Cable and such other items collectively are referred to as “Required Removables”). Notwithstanding Required Removables shall also include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right obligation to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord Required Removables specifically enumerated in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease Termor within thirty (30) days following the date of the Removal Notice if the date of the Removal Notice is not at lease thirty (30) days prior to the Expiration Date or earlier termination date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense.

Appears in 1 contract

Samples: Office Lease Agreement (Cara Therapeutics, Inc.)

Leasehold Improvements. 8.01 All improvements in and to the Premises, including any Alterations (defined in Section 9.03) (collectively, "Leasehold Improvements") shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, may remove any of Tenant's machinery or equipment which can be removed without damage to the Building. In addition, Landlord, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at Tenant's cost, to remove any Leasehold Improvements (whether or not made with Landlord's consent) prior to the Termination Date and to restore the Premises to their prior condition (such items which Landlord requires Tenant to remove as aforesaid collectively are referred to as "Required Removables"). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The Required Removables shall be removed by Tenant before the Termination Date. Tenant shall not construct any Leasehold ---------------------- Improvements repair damage caused by the installation or otherwise alter removal of Required Removables. In addition, Tenant shall ensure that the Premises without Landlord's prior approval if such action results in are free of all unpleasant and objectionable odors. In no event, however, shall Tenant remove any of the removal following materials or alteration of any material portion of existing Improvements equipment (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received TenantLandlord's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Leaseproperty), Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements ; unless the same shall be have been installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications thereforits expense: any power wiring or wiring panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; fencing or security gates; or other similar building operating equipment. All construction undertaken by If Tenant shall be done in accordance with all Laws and fails to perform its obligations under this Section 8 in a good and workmanlike manner using materials of good qualitytimely manner, Landlord may perform such work at Xxxxxx's cost. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtainedTenant, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvementsit requests approval for a proposed Alteration, Landlord informed Tenant may request in writing that Landlord would require that such Leasehold Improvements be removed and advise Tenant whether the Premises returned to the condition existing prior to the installation Alteration, or any portion thereof, ordinary wear and tear exceptedis a Required Removable. Within 10 days after receipt of Xxxxxx's request, at the expiration or earlier termination Landlord shall advise Tenant in writing as to which portions of the Lease TermAlterations are Required Removables.

Appears in 1 contract

Samples: Industrial Real Estate Lease Agreement (Aqua Power Systems Inc.)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter Attached to this Lease as Exhibit D are the preliminary specifications for the base building improvements and the improvements to be made to the office area of the Leased Premises without ("Improvements"), as well as a tenant improvement allowance for the improvement to be made to the office area. Landlord, at Landlord's prior approval if such action results in cost (but, with respect to the removal or alteration office area Improvements only, as a charge against any tenant improvement allowance being given to Tenant) will proceed with the preparation of any material portion of existing Improvements (including wall the final architectural and floor coveringsengineering drawings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications thereforfor the Improvements. Once those drawings, which approval shall be deemed given if not denied plans and specifications are completed, Landlord will deliver a full set thereof to Tenant for its review and approval. The approved final drawings, plans and specifications ("Final Plans") are incorporated herein by this reference. If the actual cost of constructing the office area Improvements in writing accordance with the approved Final Plans (as reasonably determined by Landlord's general contractor) exceeds the amount of the tenant improvement allowance set forth in Exhibit D, then, unless Landlord and Tenant otherwise agree to amortize any such excess costs through a mutually acceptable Base Rent increase, Tenant will pay any such excess costs within ten (10) working 20 days after Landlord shall have received TenantLandlord's request written demand for such approvalthe payment thereof. In no event shall If, following the approval of the Final Plans, Tenant expresses a desire to make any alterations revisions thereto, Tenant will so notify Landlord and Landlord will then ask its general contractor to prepare a cost estimate for the making of such changes. Landlord will promptly notify Tenant of any increased costs or savings resulting from such changes and Tenant will have the right to require Landlord to cause such a change to be made to the Premises which could significantly Final Plans; provided, however, that such changes will not unreasonably affect the structural integrity or value of the exterior design Building. If the aggregate of all such changes results in a net increase in the cost of the construction of the Improvements, (net of any savings), then Tenant will pay such net increase to Landlord within 20 days after Landlord's written demand for the payment thereof. Landlord, at Landlord's cost, unless a tenant improvement allowance is designated above and Tenant exceeds such allowance, will cause the Improvements to be constructed in accordance with the Final Plans. Landlord will use its good faith diligent efforts to substantially complete construction of the Improvements on or before September 2, 1997, subject to delays caused by the occurrence of events beyond its reasonable control, including, without limitation, labor troubles, inability to procure materials, restrictive governmental laws and pronouncements, acts of God, unseasonable weather, Tenant's failure to timely respond to any matter submitted for its review, Tenant's requested change orders and Tenant's making of various installations in the Leased Premises pursuant to Paragraph 3 of Exhibit F to this Lease, if the making of any such installations unreasonably interferes with Landlord's construction of the Improvements("Delay Events"). Tenant agrees that it will review and either approve or specify its objections to any documents or drawings submitted to it for its review and approval hereunder within five days after its receipt of the same. The Commencement Date of this Lease shall be July 1, 1997 provided that on or before July 1, 1997 (i) there exists commercially reasonable ingress and egress to the Building for the purpose of permitting Tenant to install its racking in the Building (with Tenant hereby acknowledging that such commercially reasonable ingress and egress will exist if Center Road and Tower Road extending from Center Road to the front entryway to the Building, are paved and available for use by Tenant), (ii) the construction of the improvements are such that Tenant can install all of its racking in the Building, and (iii) Landlord has obtained the necessary governmental approvals, if any, to permit Tenant's occupancy of the Building for the limited purpose of installing its racking. If the July 1, 1997 deadline is not met, the Commencement Date of this Lease shall be the actual date on which items (i), (ii) and (iii) are satisfied. In the event Landlord has met the July 1, 1997 deadline, but subsequent construction progress and approvals are not forthcoming such that Tenant cannot begin to bring its product into the Building on or before July 7, 1997, then, unless the failure to meet such July 7, 1997 deadline is attributable solely to those Tenant-caused delays referred to in the immediately succeeding paragraph, notwithstanding the commencement of the Lease Term, Base Rent and Estimated Operating Expense Payments shall xxxxx until such time as Tenant can begin to bring its product into the Building and, if Tenant has prepaid Base Rent and Estimated Operating Expense Payments, Tenant shall be entitled to a pro rata credit against the immediately succeeding installments of Base Rent and Estimated Operating Expense Payments based upon the number of days from July 7, 1997 to the date Tenant can begin to bring its product into the Building. If construction of the improvements to the Leased Premises is not substantially complete on or before September 2, 1997 (except as otherwise provided with respect to those Tenant-caused delays referred to in the immediately succeeding sentence of this paragraph), then Base Rent and Estimated Operating Expense Payments shall xxxxx as of September 2, 1997 until such time as the Leased Premises is substantially completed and, if Tenant has prepaid Base Rent and Estimated Operating Expense Payments, Tenant shall be entitled to a pro rata credit against the immediately succeeding installments of Base Rent and Estimated Operating Expense Payments based upon the number of days from September 2, 1997 to the date the Leased Premises is substantially completed. Notwithstanding anything to the contrary contained herein, if Landlord's inability to substantially complete the improvements on or before September 2, 1997 is attributable solely to Tenant-caused delays after the date hereof (including, without limitation, Tenant's failure to timely respond to any matter submitted for its review, delays caused by Tenant's requested change orders, as verified by Landlord's general contractor, and Tenant's making of installations in the Leased Premises pursuant to Exhibit F, Paragraph 3 thereof (provided the making of any such installations unreasonably interferes with Landlord's construction of the Improvements), then, notwithstanding the fact that the Improvements are not yet substantially completed, Tenant will continue to have an obligation to pay Base Rent and Estimated Operating Expense Payments and perform all of its other obligations and duties set forth in this Lease. For the purposes of this Lease, the Improvements will be deemed substantially completed on the date on which the following events have occurred: (a) Landlord's architect issues a certificate of substantial completion for the Building in accordance with the requirements of AIA Document A201, 1987 edition (expressly excluding, however, any requirement as to the subsequent completion of landscaping or external paving which is not necessary for Tenant's use and occupancy of the Leased Premises for its intended use); (b) a temporary approval (at least permitting Tenant to occupy, store and ship product) or permanent certificate of occupancy is issued by the appropriate governmental authority; and (c) Tenant has commercially reasonable ingress and egress to the Building for the purpose of permitting Tenant to ship its product from the Leased Premises and otherwise use and occupy the Leased Premises for its intended purpose. Notwithstanding anything to the contrary contained in this Leasethe immediately preceding sentence, Tenant shall have if Tenant's failure to complete the right to reconfigure demountable walls installation of its racking or its other installations, if any, (and partitions without not Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (iimprovements required to be constructed by it under the terms of this Lease) all prevent the appropriate governmental authorities from issuing the required governmental approvals and permits shall have been obtainedtemporary approval or permanent certificate of occupancy for the Leased Premises, (ii) all requirements regarding insurance imposed by then, in such event, the requirement in the immediately preceding sentence that a temporary approval or permanent certificate of occupancy be issued for the Leased Premises will be eliminated from the test of when "substantial completion" has occurred. The floors of the Building will be deemed "complete" for the purposes of this Lease have been satisfiedwhen they are fully cured, (iii) Tenant shall have given Landlord at least five (5) days prior written notice such that the installation of its intention to racks and equipment can commence such constructionimmediately. Unless, (iv) Tenant shall have notified Landlord by telephone as of the commencement date of substantial completion of the Leased Premises, the construction of the Improvements is 100% complete and a permanent certificate of occupancy has been issued, then Landlord and Tenant agree that promptly after the date the Leased Premises is substantially completed, they will prepare a punchlist and Landlord will have an additional 30 days from the date the Leased Premises is substantially completed to complete the punchlist items and to obtain the permanent certificate of occupancy (or such longer period of time as may be required to complete any punchlist items which are weather sensitive - e.g., landscaping and exterior paving). If Landlord and Tenant cannot agree on the day it commencespunchlist items, then Tenant will promptly select an architect and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability notify Landlord of the architect so selected. Tenant's architect and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates will determine the punchlist items and will report in writing to Landlord and Tenant the punchlist items. If the two architects do not agree on the punchlist items, a third architect (mutually acceptable to Landlord's architect and Tenant's architect) will be selected within the following five days. In such event, the third architect will determine the punchlist items within five days after his or her selection and will report in writing to Landlord and Tenant the punchlist items. All architects will be members in good standing with the American Institute of Architects and will have previous experience in making evaluations of industrial buildings in the metropolitan Chicago real estate market. Landlord and Tenant will each pay the charges of its own architect and one-half of the charges of the third architect. Notwithstanding anything contained herein to the plans contrary, if Landlord has not 100% completed the punchlist items and the improvements (including, without limitation, the landscaping and exterior paving) and obtained a permanent certificate of occupancy by October 1, 1997 for any reason other than the occurrence of a Tenant-caused delay, then Tenant may complete the punchlist items and the improvements and deduct the cost thereof reasonably incurred by Tenant from the immediately succeeding installments of Base Rent and Estimated Operating Expense Payments; provided, however, that if Tenant's use and occupancy of the Leased Premises is interrupted by any governmental authority at any time thereafter, including, without limitation, during the course of Tenant completing the punchlist items and the improvements, due to the fact that a permanent certificate of occupancy has not been issued, then Base Rent and Estimated Operating Expense Payments shall xxxxx until such time as Tenant's use and occupancy is restored by governmental authority. To the extent the Improvements shown in the approved Final Plans are more user-specific than customarily anticipated for warehouse space in the Building, including any "asLandlord will specifically identify those Improvements which are more user-built" plans for specific in a notice sent by Landlord to Tenant at the Buildingtime of Landlord's preparation of the Final Plans and, roof and/or Outside Areasunless Tenant agrees to alter the Final Plans to eliminate such user-specific improvements), so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right will thereafter be obligated, at its expense, to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At greater than customary improvements upon the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Lease Agreement (Blyth Industries Inc)

Leasehold Improvements. Tenant All improvements to the Premises, including, without limitation, the Initial Alterations (collectively, “Leasehold Improvements”) shall not construct any Leasehold ---------------------- Improvements or otherwise alter be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord's prior approval if such action results , by written notice delivered to Tenant at the time Landlord approves any Leasehold Improvements in the removal Premises, may require Tenant to remove, at Tenant’s expense, the following (collectively, the “Required Removables”): (1) Cable (defined in Section IX.A) installed after the Effective Date by or alteration for the exclusive benefit of any material portion of existing Improvements (including wall Tenant and floor coverings, ceilings, lighting fixtures located in the Premises or other utility installations) portions of the Building; and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals that are constructed by or for the benefit of Tenant after the Effective Date and, in Landlord’s reasonable judgment, are of a nature that would require removal and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone repair costs that are materially in excess of the commencement removal and repair costs associated with standard office improvements; provided, however, Landlord will not designate any of construction on the day it commences, and (v) if reasonably requested by LandlordInitial Alterations as Required Removables. If Landlord fails to timely notify Tenant in writing that a Leasehold Improvement is a Required Removable, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse remove such Leasehold Improvement. The Required Removables shall be removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises for all or any portion up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant’s possession of the value or cost thereof; providedPremises shall be subject to all of the terms and conditions of this Lease, however, that including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove any Leasehold Improvements so designated for removal by Landlord Required Removables or perform related repairs in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of a timely manner, Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold ImprovementsTenant’s expense, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed may remove and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination dispose of the Lease TermRequired Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord.

Appears in 1 contract

Samples: Office Lease Agreement (Piper Jaffray Companies)

Leasehold Improvements. Tenant A. All improvements to the Premises (collectively, "Leasehold Improvements") shall not construct any Leasehold ---------------------- Improvements or otherwise alter be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord's , by written notice to Tenant given at least 60 days prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything Termination Date, may require Tenant to the contrary contained in this Leaseremove, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense the following (collectively referred to as "Required Removables"): (1) Cable (defined in substantial compliance with Section IX.A) installed after the approved plans Commencement Date by or for the exclusive benefit of Tenant and specifications therefor. All construction undertaken by Tenant shall be done located in accordance with all Laws and in a good and workmanlike manner using materials the Premises or other portions of good quality. Tenant shall not commence construction of the Building; (2) any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed that are performed by this Lease have been satisfied, (iii) or for the benefit of Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of after the commencement of construction on the day it commences, Commencement Date; and (v3) if reasonably requested by Landlordthe Cafeteria Improvements (as defined in Section VIII.B below). Without limitation, Tenant shall have obtained contingent liability it is agreed that Required Removables include internal stairways, raised floors, personal baths and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are showers, vaults, rolling file systems and structural alterations and modifications of any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereoftype; provided, however, that with the exception of the Cafeteria Improvements, Required Removables shall not include any such items installed before the Commencement Date. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove any Leasehold Improvements so designated for removal by Landlord Required Removables or perform related repairs in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of a timely manner, Landlord, or (ii) at the time Tenant requested LandlordTenant's consent to such Leasehold Improvementsexpense, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed may remove and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination dispose of the Lease TermRequired Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice (which shall be accompanied by reasonable supporting documentation of the amounts set forth in such invoice), shall reimburse Landlord for the reasonable costs incurred by Landlord.

Appears in 1 contract

Samples: Office Lease Agreement (Inktomi Corp)

Leasehold Improvements. Tenant With the exception of the list provided by the Tenant, all improvements to the Premises (collectively, “Leasehold Improvement”) shall not construct any Leasehold ---------------------- Improvements or otherwise alter be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord's , by written notice to Tenant within 30 days prior approval if such action results to the Termination Date, may require Tenant to remove, at Tenant’s expense; (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures premises or other utility installations) portions of the Building; and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until that are performed by or for the benefit of Tenant, and in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (i) all required governmental approvals collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and permits showers, vaults, rolling file systems and structural alterations and modifications of any type. The Required Removables designated by Landlord shall have been obtainedbe removed by Tenant before the Termination Date, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days provided that upon prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance may remain in an amount reasonably satisfactory the premises for up to Landlord if there are any perils relating to 5 days after the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans Termination Date for the Buildingsole purpose of removing the Required Removables and perform the required repairs. Tenant, including any "as-built" plans within 30 days after receipt of an invoice, shall reimburse Landlord for the Buildingreasonable costs incurred by Landlord. Notwithstanding the foregoing, roof and/or Outside AreasTenant, so at the time it requests approval for a proposed Alteration (Defined in Section IX.C), may request in writing that Landlord advise Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain whether the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all Alteration or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so Alteration will be designated for removal by Landlord in accordance with the provisions as a Required Removable. Within 10 days after receipt of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold ImprovementsTenant’s request, Landlord informed shall advise Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned as to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination which portions of the Lease TermAlteration, if any will be considered to be Required Removables.

Appears in 1 contract

Samples: D Lease Agreement (SMTC Corp)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements Any trade fixtures, unattached and movable equipment or otherwise alter furniture, or other personalty brought into the Premises without Landlordby Tenant ("Tenant's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installationsProperty") and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received owned and insured by Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) remove all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns Property from the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions terms of paragraph 15.2 if Article XXXV hereof. Any and all alterations, additions and improvements to the Premises, including any built-in furniture (icollectively, "Leasehold Improvements") such Leasehold Improvements were installed shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant unless the parties agree otherwise in writing. Landlord may, nonetheless, at any time prior written consent of Landlordto, or within six (ii6) at the time Tenant requested Landlord's consent to such Leasehold Improvementsmonths after, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of this Lease or Tenant's right to possession, require Tenant to remove any Leasehold Improvements performed by or for the benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables within ten (10) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease Termor Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by such removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition. If Tenant fails to remove any specified Required Removables or to perform any required repairs and restoration within the time period specified above, Landlord, at Tenant's sole cost and expense, may remove, store, sell and/or dispose of the Required Removables and perform such required repairs and restoration work. Tenant, within five (5) days after demand from Landlord, shall reimburse Landlord for any and all reasonable costs incurred by Landlord in connection with the Required Removables. Notwithstanding the foregoing, Tenant may request in writing at the time it submits its plans and specifications for an alteration, addition or improvement, that Landlord advise Tenant whether Landlord will require Tenant to remove, at the termination of this Lease or Tenant's right to possession hereunder, such alteration, addition or improvement, or any particular portion thereof and Landlord shall advise Tenant within twenty (20) days after receipt of Tenant's request as to whether Landlord will require removal; provided, however, Landlord shall have the right to require Tenant to remove any vault, stairway, raised floor or structural alterations installed in the Premises, regardless of whether Landlord timely notified Tenant that it would require such removal.

Appears in 1 contract

Samples: Office Lease Agreement (United States Exploration Inc)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or All installations OR MODIFICATIONS TO THE PREMISES shall be for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000)Lessee's account, and not until Landlord Lessee shall have first approved the plans and specifications pay, as additional rent hereunder, to Lessor an amount equal to Lessor's actual cost therefor, which approval shall be deemed given including associated architectural and engineering fees, if not denied in writing within ten any, plus a management cost recovery fee of TEN PERCENT (10%) working to cover overhead within THIRTY (30) days after Landlord being invoiced therefor. Additionally, Lessee shall have received Tenant's request for such approval. In no event shall Tenant make pay all ad valorem taxes and increased insurance premiums that are payable on account of any alterations of the leasehold improvements that are in addition to the Premises which could significantly affect the structural integrity those items (or the exterior design quantities thereof) described on Schedule 3 hereto. Failure by Lessee to pay any sums described in Section 26(a) or the Schedules hereto in full within THIRTY (30) days after its receipt of an invoice therefor will constitute failure to pay rent when due and an event of default by Lessee hereunder, giving rise to all remedies available to Lessor under this lease and at law for nonpayment of rent. Lessee shall deliver to Lessor a copy of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises specifications made in or to the condition existing prior to the installation of such Leasehold ImprovementsPremises. At the expiration or sooner termination It is stipulated that time is of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlordessence in connection with Lessee's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance compliance with the provisions terms of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of LandlordSchedule 2. NOTWITHSTANDING ANYTHING TO THE CONTRARY, or (ii) at the time Tenant requested Landlord's consent to such Leasehold ImprovementsLESSEE IS LEASING THE PREMISES IN AN "AS IS" CONDITION WITH NO MODIFICATIONS REQUIRED BY THE LESSOR. HOWEVER, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereofLESSEE MAY, ordinary wear and tear exceptedAT ITS SOLE COST AND EXPENSE, at the expiration or earlier termination of the Lease TermMODIFY THE PREMISES AFTER RECEIVING WRITTEN APPROVAL FROM THE LESSOR, SUCH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD OR DELAYED.

Appears in 1 contract

Samples: Lease Agreement (Tanknology Environmental Inc /Tx/)

Leasehold Improvements. Tenant All improvements to the Premises (collectively, "Leasehold Improvements") shall not construct any Leasehold ---------------------- Improvements or otherwise alter be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the Termination Date, may require Tenant to remove, at Tenant's prior approval if such action results expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures Premises or other utility installations) portions of the Building; and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements ($200,000collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and not until Landlord shall have first approved showers, vaults, rolling file systems and structural alterations and modifications of any type. Notwithstanding the foregoing, Tenant may request in writing at the time it submits its plans and specifications thereforfor Leasehold Improvements, which approval that Landlord advise Tenant whether Landlord will require Tenant to remove, at the termination of this Lease or Tenant's right to possession hereunder, such Leasehold Improvements, or any particular portion thereof, and Landlord shall be deemed given if not denied in writing advise Tenant within ten (10) working days after Landlord shall have received receipt of Tenant's request for such approval. In no event shall Tenant make any alterations as to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Leasewhether Landlord will require removal; provided, Tenant however, Landlord shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consentrequire Tenant to remove any vault or stairway installed in the Premises, regardless of whether Landlord timely notified Tenant that it would require such removal; provided further, however, in any event Tenant shall remove any raised floor installed in the Premises. All such approved Leasehold Improvements The Required Removables designated by Landlord shall be installed removed by Tenant at Tenant's expense in substantial compliance with before the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtainedTermination Date, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days provided that upon prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance may remain in an amount reasonably satisfactory the Premises for up to Landlord if there are any perils relating to 5 days after the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans Termination Date for the Buildingsole purpose of removing the Required Removables, but in no event shall any such holdover in the Premises constitute or create a tenancy-at-will under existing applicable law. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, including any "as-built" plans the obligation to pay Rent on a per diem basis at the rate in effect for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain last month of the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant's expense, may remove and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination dispose of the Lease TermRequired Removables and perform the required repairs. Tenant, all Leasehold Improvements that Tenant does not elect to remove within 30 days after receipt of an invoice, shall be surrendered to reimburse Landlord as a part of for the realty and shall then become reasonable costs incurred by Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Office Lease Agreement (Interliant Inc)

Leasehold Improvements. Tenant All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall not construct any Leasehold ---------------------- Improvements or otherwise alter remain upon the Premises at the end of the Term without Landlord's compensation to Tenant. However, by written notice to Tenant at least 30 days prior approval if such action results in to the removal or alteration of any material portion of existing Improvements (including wall and floor coveringsTermination Date, ceilingsLandlord may require Tenant, lighting fixtures or other utility installations) and at its expense, to remove (a) any Cable (defined in Section 9.01) installed by or for the cost benefit of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or Tenant, and (b) any Identified Alterations or other Alterations installed after the cost date hereof that, in Landlord’s reasonable judgment, are of such Leasehold Improvements donea nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, under constructionwithout limitation, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000)internal stairways, raised floors, personal baths and not until Landlord shall have first approved the plans showers, vaults, rolling file systems and specifications therefor, which approval structural alterations and modifications. The designated Required Removables shall be deemed given if not denied in writing within ten (10) working removed by Tenant before the Termination Date, provided that, upon prior written notice delivered to Landlord at least 30 days before the Termination Date, Tenant may retain possession of the Premises for up to 5 days after Landlord shall have received the Termination Date for the sole purpose of removing the Required Removables, in which event Tenant's request for such approval. In no event shall Tenant make any alterations to ’s possession of the Premises which could significantly affect the structural integrity or the exterior design during such period shall be subject to all of the Improvements. Notwithstanding anything to the contrary contained in terms and conditions of this Lease, Tenant shall have including the right obligation to reconfigure demountable walls pay Base Rent and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant Additional Rent on a per diem basis at Tenant's expense the rates in substantial compliance with effect for the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone last month of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof and returns of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work, in which event Tenant, within 30 days after receipt of written request (together with an invoice) from Landlord, shall reimburse Landlord for the Premises to reasonable cost incurred by Landlord for such work. Notwithstanding the condition existing prior to foregoing, Tenant, at the installation of such Leasehold Improvements. At time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all Alteration or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions Alteration will be a Required Removable. Within 10 days after receipt of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold ImprovementsTenant’s request, Landlord informed shall advise Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned as to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination which portions of the Lease TermAlteration, if any, will be Required Removables.

Appears in 1 contract

Samples: Office Lease Agreement (Coinstar Inc)

Leasehold Improvements. Commencing with the Premises in a Finished Shell Condition (as defined in Schedule 1 to this Exhibit B), Landlord shall engage The Clarx Xxxstruction Group, Inc. (the LEASEHOLD CONTRACTOR) to install in the Premises those initial improvements (the "LEASEHOLD IMPROVEMENTS") specified in final construction and engineering drawings, approved by Landlord in accordance with this Exhibit B. The Leasehold Contractor shall bid the work on the Leasehold Improvements to at least three (3) reputable subcontractors in all major trades or, alternatively, Tenant and Landlord shall negotiate the price of the work with subcontractors currently working on other projects in the Complex in order to obtain the earliest possible occupancy date. Landlord shall not be obligated to provide any improvements, and the Premises shall be delivered containing no property of any kind, other than the Leasehold Improvements. Tenant shall pay all costs and expenses incurred in connection with designing, permitting, managing and constructing the Leasehold Improvements (the "LEASEHOLD COSTS") (including, but not construct any Leasehold ---------------------- Improvements or otherwise alter limited to (i) one-half of all costs of all demising walls in the Premises without Landlordadjacent to another tenant space or adjacent to common areas, if any (specifically excluding the walls described in Schedule I attached hereto), and (ii) general contractor's prior approval if fee of five percent (5%) of the construction costs (plus reasonable general conditions) payable to the Leasehold Contractor and a Development Manager's fee in an amount equal to three percent (3%) of all Leasehold Costs that exceed the Allowance (as defined below) to the extent such action results in costs and expenses exceed an allowance (the removal or alteration "ALLOWANCE") equal to the product of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars twenty-seven and 00/100 dollars ($50,000) per work of improvement or 27.00), multiplied by (b) the cost number of square feet of rentable area in the Premises. Notwithstanding anything herein to the contrary, at least twenty-two dollars ($22.00) per square foot of the Allowance shall be used to fund the "hard costs" of the Leasehold Improvements. Tenant shall pay fifty percent (50%) of Landlord's reasonable estimate of those costs and expenses (if any) which exceed the Allowance on or before the later to occur of (i) the earlier to occur of (A) the date the preliminary space plan is prepared and delivered to Tenant, or (B) the date of Tenant's execution of the Lease, or (ii) the tenth (10th) day after the date Landlord gives Tenant notice of Landlord's estimate of such Leasehold Improvements done, under constructionexpenses, or for which approval is sought during any two (2iii) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord when the Premises are ready to commence buildout. Tenant shall have first approved pay the plans and specifications therefor, which approval shall be deemed given if not denied in writing remainder of such estimate within ten (10) working days after Landlord shall have received Tenant's request receipt of a notice stating that the Leasehold Improvements are fifty percent (50%) complete, as reasonably determined by Landlord and certified by the Leasehold Contractor. Tenant shall pay for all such approvalcosts and expenses (minus any estimated payments made as aforesaid) when the Leasehold Improvements are substantially complete and Tenant receives a bill xxxrefor showing with reasonable detail such costs and expenses. In Tenant shall pay such bill, xx any, no event shall Tenant make any alterations to later than the Premises which could significantly affect the structural integrity or the exterior design earlier of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without LandlordLease Commencement Date or ten (10) business days after Tenant's prior written consentreceipt thereof. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken amounts payable pursuant to this Exhibit by Tenant shall be done in accordance with all Laws considered additional rent and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention are subject to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease TermLease.

Appears in 1 contract

Samples: Office Lease Agreement (Silicon Energy Corp)

Leasehold Improvements. Tenant All improvements to the Premises (collectively, "Leasehold Improvements") shall not construct any Leasehold ---------------------- Improvements or otherwise alter be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the Termination Date, may require Tenant to remove, at Tenant's prior approval if such action results expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures Premises or other utility installations) portions of the Building; and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements ($200,000collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and not until showers, vaults, rolling file systems and structural alterations and modifications of any type. The Required Removables designated by Landlord shall have first approved be removed by Tenant before the plans and specifications thereforTermination Date, which approval shall be deemed given if not denied provided that upon prior written notice to Landlord, Tenant may remain in writing within ten (10) working the Premises for up to 5 days after Landlord shall have received Tenant's request the Termination Date for such approval. In the sole purpose of removing the Required Removables, but in no event shall Tenant make any alterations to such holdover in the Premises which could significantly affect the structural integrity constitute or the exterior design create a tenancy-at-will under existing applicable law. Tenant's possession of the Improvements. Notwithstanding anything Premises shall be subject to all of the contrary contained in terms and conditions of this Lease, Tenant shall have including the right obligation to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant pay Rent on a per diem basis at Tenant's expense the rate in substantial compliance with effect for the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone last month of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant's expense, may remove and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination dispose of the Lease TermRequired Removables and perform the required repairs. Tenant, all Leasehold Improvements within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined in Section IX.C), may request in writing that Landlord advise Tenant does not elect to remove shall be surrendered to Landlord as a part of whether the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all Alteration or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so Alteration will be designated for removal by Landlord in accordance with the provisions as a Required Removable. Within 10 days after receipt of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested LandlordTenant's consent to such Leasehold Improvementsrequest, Landlord informed shall advise Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned as to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination which portions of the Lease TermAlteration, if any, will be considered to be Required Removables.

Appears in 1 contract

Samples: Office Lease Agreement (Gsi Technologies Usa Inc /De)

Leasehold Improvements. Commencing with the Demised Premises in their “as is” condition as of the date hereof. Landlord or its designated contractor shall install in the Demised Premises those initial improvements specified in final space plans and construction and engineering drawings approved by Landlord (the “Leasehold Improvements”). Landlord shall not be obligated to provide any improvements, and the Demised Premises shall be delivered containing no property of any kind, other than the Leasehold Improvements. Landlord or its contractor shall be available as reasonably required by Tenant throughout the design construction process to provide Tenant with budgeting and value engineering assistance. Tenant shall pay all costs and expenses (including a fee for Landlord’s construction management services in an amount equal to five percent (5%) of the hard construction costs incurred in connection with the build out of the Demised Premises, and the cost of any services provided by Landlord’s architect or engineer) incurred in connection with the Leasehold Improvements to the extent such costs and expenses exceed an allowance in an amount equal to the product of Thirty and 00/100 Dollars ($30.00) multiplied by the number of square feet of rentable area contained within the Demised Premises (the “Allowance”). Tenant shall not construct receive any Leasehold ---------------------- Improvements credit, cash or otherwise alter the Premises without Landlord's prior approval if such action results in the removal or alteration of otherwise, for any material unused portion of existing Improvements the Allowance. Tenant shall pay fifty percent (including wall 50%) of Landlord’s reasonable estimate of those costs and floor coverings, ceilings, lighting fixtures expenses (if any) which exceed the Allowance on or other utility installations) and before the later to occur of (ai) the cost earlier to occur of (A) the date the preliminary space plan is prepared and delivered to Tenant, or (B) the date of Tenant’s execution of the Lease, or (ii) the tenth (10th) day after the date Landlord gives Tenant notice of Landlord’s estimate of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) expenses. Tenant shall pay the cost remainder of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing estimate within ten (10) working days after Landlord Tenant’s receipt of a notice stating that the Leasehold Improvements are fifty percent (50%) complete, as reasonably determined by Landlord. Tenant shall have received Tenant's request pay for all such approvalcosts and expenses (minus any estimated payments made as aforesaid) when the Leasehold Improvements are substantially complete and Tenant receives a xxxx therefor. In Tenant shall pay such xxxx, if any, no event shall Tenant make any alterations to later than the Premises which could significantly affect the structural integrity or the exterior design earlier of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consentCommencement Date or ten (10) days after Tenant’s receipt thereof. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken amounts payable pursuant to this Exhibit by Tenant shall be done in accordance with all Laws considered additional rent and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention are subject to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease TermLease.

Appears in 1 contract

Samples: Office Building Lease (Spherix Inc)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000)The Office Space shall be delivered to Tenant, and not until Landlord Tenant shall have first approved accept same, in the plans condition and specifications thereforwith only such leasehold improvements, which approval if any, as set forth in EXHIBIT B attached hereto. The Storage Space shall be deemed given if not denied delivered to Tenant in writing within ten (10) working days after Landlord shall have received Tenant's request for such approvalits current condition, i.e., "AS IS" and "WITH ALL FAULTS" as to leasehold improvements located therein. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained As used in this Lease, Tenant the term "Initial Leasehold Improvements" shall have include any and all improvements and tenant finish existing in the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone Leased Premises as of the commencement of construction on the day it commencesCommencement Date, including all leasehold improvements, if any, as defined and described in EXHIBIT B attached hereto, as well as any and all Alterations (vas defined below) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating subsequent improvements made to the proposed construction Leased Premises during the term of this Lease. Notwithstanding any other provision of this Lease, in no event shall Landlord be required, nor shall Tenant be permitted, to install in the Leased Premises any improvements which are not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained first approved by Landlord or Landlord's architect which relates architect. Landlord's approval of Tenant's plans and specifications for any of Tenant's requested leasehold improvements shall create no responsibility or liability on the part of Landlord for, or warranty by Landlord with respect to, the completeness or design sufficiency of such plans and specifications or the compliance with any Laws applicable thereto. Tenant acknowledges that no representations as to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination repair of the Lease TermLeased Premises or the Project, all Leasehold Improvements that Tenant does not elect nor promises to remove shall be surrendered to Landlord as a part of alter, remodel or improve the realty and shall then become Landlord's propertyLeased Premises or the Project, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal been made by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant except as are expressly set forth in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Termthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Howell Corp /De/)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval34. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws granted a “not to exceed” Improvement Allowance of $50.00 per usable square foot, estimated to be $3,018,400.00 (hereinafter called “Improvement Allowance”. All improvements, other than installation of Tenant’s telephone and in computer wiring and equipment installation will be performed by the Landlord or the Landlord’s contractor, and will be subject to a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice approval by the Tenant for the cost estimate of its intention the agreed upon improvements. Any costs over $50.00 per square foot shall be borne by the Tenant and payable to commence such the Landlord prior to occupancy as additional rent. The Improvement Allowance can be used for Tenant’s hard and soft non-structural project costs including, but not limited to, construction, (iv) telephone and data cabling, permits and approvals, engineering, architectural and design, exterior building sign and Tenant’s backup generator. In the event Tenant does not utilize the entire Improvements Allowance, any unused portion shall have notified Landlord by telephone be credited to Tenant in the form of free rent at the beginning of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove contract with its own vendors to prepare Tenant’s designs and also contract for moving services. There shall be no Building construction management fee or supervision fee charged to Tenant or deducted from the Improvement Allowance. Additionally, there shall be no charges for the use of any Leasehold Improvements so long freight elevator service either during construction, move in, or move out or any requirement the Building may have to have a Building engineer present during any construction activities. There are no limitations on use of the freight elevator. All the following shall be provided by Landlord at Landlord’s sole cost (hereinafter called “Warm Shell Condition”) (the cost of such items are not to be included in the Improvement Allowance, with the exception of the cost of the test fit if Tenant’s architect performs the test fit, as it repairs more particularly set forth below). • All common areas in the Building including men’s and women’s restrooms, elevators (including call buttons), first floor lobby, electrical room, telephone room, mechanical rooms, janitorial closets, building fire stairwell, etc. Said improvements shall comply with all damage caused applicable codes, ordinances, and laws including ADA and Title 24 for standard office occupancy. • Building fire protection alarm & communication system shall be installed to building code. • Any Building related life safety, life support systems and security systems as may be required by building code. • Landlord warrants that all Building systems, including but not limited to the removal thereof HVAC and returns electrical serving the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination are in good working order as of the Lease TermCommencement Date, free of all Leasehold Improvements that hazardous materials. • Fire sprinkler risers and mains. • A smooth and level floor finish suitable for the install of a finished floor material on top of such as carpet, stone, vinyl flooring, etc. • Landlord shall provide a test fit. In the event Tenant does not elect desires to remove use Tenant’s architect for a test fit, Landlord agrees to pay Tenant’s architect $0.12/USF for the test fit (which amount shall be surrendered included in the Improvement Allowance). • Tenant may select the data/telecommunication provider of Tenant’s choice. Landlord shall provide conduit from the public utility easement to the Building and Tenant’s data/telecommunication provider will have free access to such conduit. • Landlord shall provide a fitness facility and mens’ and womens’ shower/locker facilities on the first floor of the Building as a part of the realty common area for Tenants’ use and enjoyment which associated improvement and capital improvement costs shall then become not be included in Operating Costs. • Upon the Lease Commencement Date, the Premises, shall, at Landlord's property’s sole cost and expense (not to be passed through to Tenant as an Operating Cost), comply with all Code Requirements, including, but not limited to: Building Codes, Fire Codes and the American’s with Disabilities Act. • The Building, including, but not limited to: the structure, land, parking lot, common areas, washrooms (including washrooms within the Premises), and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; providedwalkways, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear exceptedshall, at the expiration or earlier termination of Landlord’s sole cost and expense (not to be passed through to Tenant as an Operating Cost), comply with all Code Requirements throughout the Lease Term.Term and any Renewal Options. QUIET ENJOYMENT

Appears in 1 contract

Samples: Full Service Office Building Lease Agreement (Instructure Inc)

Leasehold Improvements. Tenant All improvements to the Premises (other than Tenant’s Property (as defined in Section 14(a)(i) below) made by or for the benefit of Tenant, including Tenant’s Work pursuant to the Work Letter and Alterations (as defined in Section 8(c) below) (collectively, “Leasehold Improvements”), shall, upon the expiration or earlier termination of this Lease, be owned by Landlord and shall not construct any Leasehold ---------------------- Improvements or otherwise alter remain upon the Premises without Landlord's compensation to Tenant. Notwithstanding the foregoing to the extent Landlord delivers to Tenant a sixty (60) day written notice, prior approval if such action results in to the removal expiration or alteration earlier termination of this Lease, instructing Tenant that any material portion of existing Improvements the following Required Removables (including wall defined below) shall remain upon the Premises, Tenant shall remove at Tenant’s cost and floor coverings, ceilings, lighting fixtures or other utility installations) and expense: (a) Cable (defined in Section 8(a)) installed by or for the cost exclusive benefit of such construction Tenant, excluding any Cable installed as part of Tenant’s Work constructed pursuant to Exhibit B or alteration exceeds Fifty Thousand Dollars installed by Tenant in or on the Building or other portions of the Premises following the Commencement Date ($50,000) per work of improvement or i.e., after Tenant’s initial build-out); and (b) any Leasehold Improvements that are of a nature that would require removal and repair costs that are materially in excess of the cost of removal and repair costs associated with standard office improvements, unless at the time Landlord provided its consent to such Leasehold Improvements, Landlord expressed in writing that such Leasehold Improvements donemay remain upon and after the expiration or earlier termination of this Lease and surrender of the Premises (collectively referred to as “Required Removables”). The parties hereto agree that Required Removables (i) include without limitation the lab improvements above slab and made within the interior of the first floor of the Building including the removal of interior walls such that Tenant surrenders the Premises to Landlord in a “shell” condition, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000)with ceiling grid reasonably intact, and not until Landlord shall have first approved the plans sealed concrete floors (all excluding ordinary wear and specifications therefor, which approval tear and damage by casualty and condemnation excepted). The Required Removables shall be deemed given removed by Tenant on or before the Expiration Date or earlier termination of this Lease. Tenant shall be responsible for any repairs required as a result of the removal of the Required Removables, and if any such damage is not denied repaired by Tenant, Tenant shall reimburse Landlord for the reasonable cost to repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove any Required Removables in writing a timely manner, Landlord, at Tenant’s expense, may remove and dispose of the Required Removables. Tenant, within ten (10) working business days after delivery of an invoice and reasonable supporting documentation therefor, shall reimburse Landlord for repair and/or removal costs incurred by Landlord pursuant to this Section. Tenant, within six months before the expiration of the Term of the Lease, may request in writing that Landlord identify Leasehold Improvements that are not Required Removals, and Landlord shall have received respond to such request within thirty (30) days. Landlord shall not unreasonably withhold its consent to any request by Tenant that it be permitted to surrender Leasehold Improvements that are compatible with general office use, i.e., would not interfere with or increase the cost of the future improvement, use and maintenance of the Premises for general office purposes, including without limitation any HVAC system installed by Tenant's request for ; provided, however, if the HVAC system or any other Required Removable that is integral to the use of the Building, is not compatible with general office use, Tenant shall (i) dampen and decrease the HVAC output of the then existing HVAC such approvalthat HVAC operations are restored to flow rates and energy usage in line with requirements of a standard office environment; and (ii) remove and replace the Required Removable with equipment or improvements that are compatible with general office use, as reasonably approved by Landlord, each at the expiration or earlier termination of this Lease. In no event shall Tenant make any alterations to connection with the Premises which could significantly affect the structural integrity or the exterior design of the Leasehold Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without install a backup generator, subject to Landlord's ’s prior written consent. All approval (not to be unreasonably withheld, conditioned or delayed) with respect to the location and configuration of such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commencesgenerated, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to provided that Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so may require that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain remove the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord same as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease TermRequired Removable.

Appears in 1 contract

Samples: Office Lease Agreement (OncoCyte Corp)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter acknowledges and agrees that Landlord has performed all leasehold improvement work that Landlord previously agreed to perform under the Lease. Tenant acknowledges and agrees that Tenant has accepted the Premises without Landlord's prior approval if such action results and the Building in their "AS IS, WHERE IS," and "WITH ALL FAULTS" condition, excepting only latent defects. From and after the Effective Date, Landlord will provide a renovation allowance (the "First Allowance") for Tenant equal to $2.00 per square foot of Rentable Area in the removal or alteration of any material portion of existing Improvements Premises (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars (estimated to equal $50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,00015,858), and which shall be used by Tenant for renovations to the Premises. Additionally, in the event Tenant does not until exercise the Termination Option (as defined below), Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations provide to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense request at any time after the Termination Date (as hereinafter defined) a renovation allowance (the "Second Allowance") for Tenant equal to $1.00 per square foot of Rentable Area in substantial compliance with the approved plans and specifications therefor. All construction undertaken Premises (estimated to equal $7,929), which allowance shall be used by Tenant shall for renovations to the Premises. Tenant can only receive the First Allowance prior to December 3 1, 1995; however, any unused portion of the First Allowance can be done in accordance with all Laws at Tenant's request deferred and in a good and workmanlike manner using materials of good qualityadded to the Second Allowance. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention be entitled to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or use any portion of the value Second Allowance or cost thereof; providedany remaining portion of the First Allowance after December 31, however1998. Subject to the time limitations listed in this Section, that Landlord will pay such sums to Tenant shall remove any Leasehold Improvements so designated for removal renovations performed to the Premises within twenty (20) days of written request therefor provided by Landlord in accordance Tenant, together with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without invoices for the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Termrenovation work performed.

Appears in 1 contract

Samples: Lease Agreement (Simione Central Holdings Inc)

Leasehold Improvements. Tenant Except for the items set forth on Exhibit F (Partial List of Tenant's Property) attached hereto, all improvements to the Premises (collectively, "Leasehold Improvements") shall not construct any Leasehold ---------------------- Improvements or otherwise alter be owned by Landlord and shall remain upon the Premises without Landlord's prior approval if such action results in the removal compensation to Tenant. The items set forth on Exhibit F and any unattached movable equipment or alteration of any material portion of existing Improvements (including wall and floor coveringsfurniture, ceilings, lighting trade fixtures or other utility installationspersonalty of Tenant shall be considered Tenant's Property (as defined in Article XV) and shall be owned and insured by Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the Termination Date, may require Tenant to remove, at Tenant's expense: (a1) the cost of such construction or alteration exceeds Fifty Thousand Dollars Cable ($50,000defined in Section IX.A) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, installed by or for which approval is sought during any two the exclusive benefit of Tenant and located in the Premises or other portions of the Building; and (2) calendar year period exceeds Two Hundred Thousand Dollars any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements ($200,000collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and not until showers, vaults, rolling file systems and structural alterations and modifications of any type. The Required Removables designated by Landlord shall have first approved be removed by Tenant before the plans and specifications thereforTermination Date, which approval shall be deemed given if not denied provided that upon prior written notice to Landlord, Tenant may remain in writing within ten (10) working the Premises for up to 5 days after Landlord shall have received Tenant's request the Termination Date for such approval. In the sole purpose of removing the Required Removables, but in no event shall Tenant make any alterations to such holdover in the Premises which could significantly affect the structural integrity constitute or the exterior design create a tenancy-at-will under existing applicable law. Tenant's possession of the Improvements. Notwithstanding anything Premises shall be subject to all of the contrary contained in terms and conditions of this Lease, Tenant shall have including the right obligation to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant pay Rent on a per diem basis at Tenant's expense the rate in substantial compliance with effect for the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone last month of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant's expense, may remove and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination dispose of the Lease TermRequired Removables and perform the required repairs. Tenant, all Leasehold Improvements within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined in Section IX.C), may request in writing that Landlord advise Tenant does not elect to remove shall be surrendered to Landlord as a part of whether the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all Alteration or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so Alteration will be designated for removal by Landlord in accordance with the provisions as a Required Removable. Within 10 days after receipt of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested LandlordTenant's consent to such Leasehold Improvementsrequest, Landlord informed shall advise Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned as to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination which portions of the Lease TermAlteration, if any, will be considered to be Required Removables.

Appears in 1 contract

Samples: Office Lease Agreement (Summit Bank Corp)

Leasehold Improvements. Except where specifically noted as a responsibility of Tenant to provide or install, Landlord shall not construct any Leasehold ---------------------- Improvements or otherwise alter be responsible for construction of the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the final plans and specifications which shall be pre- approved by Tenant and shall include, but not be limited to, those items specified in this Exhibit B. Reservation of the right of Tenant to select or coordinate certain items is not intended to designate those items as the responsibility of Tenant. There will be no additional charge to Tenant for construction/improvements to the Premises, other than the Rent amount specified in the Lease Provisions. Exhibit C BUILD-OUT ALLOWANCE/COST Exhibit D LEASE COMMENCEMENT AGREEMENT (if applicable) With respect to that certain lease dated , 2021 (“Lease”) between [landlord here] (“Landlord”) and The University of Florida Board of Trustees (“Tenant”). Pursuant to the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold ImprovementsLease, Landlord informed and Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination hereby agree as follows: The initial term of the Lease Termcommenced on , 20 and shall terminate on , , unless sooner terminated or extended as therein provided. Rent commenced on , 20 . Except for latent defects and other defects of which Xxxxxx has notified Landlord, to the best of their knowledge, Landlord and Tenant agree that, as of and through the date hereof, the parties have fully complied with and performed each and every of their respective obligations as set forth in the Lease. In witness whereof, the parties have executed and delivered this supplement to the Lease as of dates below. LANDLORD: By: TENANT: By: Name: Title: Date: Name: Xxxxxx Xxxxxxxxx Title: AVP, Office of Real Estate Date: Exhibit E FORM OF LEASE STATEMENT ESTOPPEL CERTIFICATE THIS ESTOPPEL CERTIFICATE (hereinafter referred to as “Certificate”) is made this day of , 20 , by THE UNIVERSITY OF FLORIDA BOARD OF TRUSTEES, a public body corporate of the State of Florida, which is vested with the government, control and management of the University of Florida (hereinafter referred to as “Tenant”).

Appears in 1 contract

Samples: Lease Agreement

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter 1. Tenant, following the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design delivery of the Improvements. Notwithstanding anything Leased Premises by Landlord and the full and final execution and delivery of the Lease to which this Exhibit E-1 is attached and all prepaid rental, the contrary contained in this Security Deposit and insurance certificates required under the Lease, Tenant shall have the right to reconfigure demountable walls perform alterations and partitions without Landlord's prior written consentimprovements in the Leased Premises (the “Initial Alterations”). All such approved Leasehold Improvements shall be installed by Notwithstanding the foregoing, Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant its contractors shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs perform the Initial Alterations in the Leased Premises unless and until Tenant has complied with all damage of the terms and conditions of Article 5 of the Lease, including, without limitation, approval by Landlord of the final plans for the Initial Alterations and the contractors to be retained by Tenant to perform such Initial Alterations, and Exhibit E-2 attached hereto. Tenant shall be responsible for all elements of the design of Tenant's plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Leased Premises and the placement of Tenant's furniture, appliances and equipment), and Landlord's approval of Tenant's plans shall in no event relieve Tenant of the responsibility for such design. In addition to the foregoing, Tenant shall be solely liable for all costs and expenses associated with or otherwise caused by Tenant's performance and installment of the removal thereof and returns Initial Alterations (including, without limitation, any legal compliance requirements arising outside of the Premises Leased Premises). Landlord's approval of the contractors to perform the Initial Alterations shall not be unreasonably withheld. The parties agree that Landlord's approval of the general contractor to perform the Initial Alterations shall not be considered to be unreasonably withheld if any such general contractor (a) does not have trade references reasonably acceptable to Landlord, (b) does not maintain insurance as required pursuant to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination terms of the Lease TermLease, all Leasehold Improvements that Tenant (c) does not elect have the ability to remove shall be surrendered to Landlord as a part bonded for the work in an amount of no less than one hundred fifty percent (150%) of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion total estimated cost of the value or cost thereof; providedInitial Alterations, however(d) does not provide current financial statements reasonably acceptable to Landlord, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance (e) does not agree to comply with the provisions terms and conditions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of LandlordExhibit E-2, or (iif) at is not licensed as a contractor in the time state/municipality in which the Leased Premises is located. Tenant requested Landlord's acknowledges the foregoing is not intended to be an exclusive list of the reasons why Landlord may reasonably withhold its consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Terma general contractor.

Appears in 1 contract

Samples: Office Space Lease Agreement (Extreme Networks Inc)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter Attached to this Lease as part of Exhibit D are the Premises without Landlord's prior approval if such action results in preliminary specifications for the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall improvements to be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations made to the Leased Premises which could significantly affect ("Improvements"). Following the structural integrity or the exterior design execution of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have will proceed with the right to reconfigure demountable walls preparation of the final architectural and partitions without Landlord's prior written consent. All such approved Leasehold engineering drawings, plans and specifications for the Improvements and shall be installed reimbursed for costs and expenses for such architect's and engineering fees in the amount set forth in Section 7 of Exhibit F attached hereto and incorporated herein. Once those drawings, plans and specifications are completed, Tenant will deliver a full set thereof to Landlord for its review and approval, The approved final drawings, plans and specifications ("Final Plans") are incorporated herein by Tenant this reference. In accordance with the Final Plans, Tenant, at Tenant's expense in substantial compliance with (subject to Tenant's Allowance set forth below) will perform and complete, or cause to be performed and completed, such specified construction and finishing of the approved plans and specifications thereforLeased Premises, (hereinafter referred to as "Work"). All construction undertaken by Tenant The Work shall be done completed by Tenant's contractor in accordance with the terms of Exhibit D and all Laws applicable laws, rules and in a good and workmanlike manner using materials of good qualityregulations. Tenant shall not commence construction of any Leasehold Improvements until Any Work (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into other than Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain trade fixtures and other personal property) shall, upon installation, become the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof Landlord and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part at the end or other expiration of the realty and Term of this Lease. The Tenant shall then become Landlordbe provided a tenant improvement allowance in the amount of $35.20 per rentable square foot for the initial Improvements ("Tenant's property, and Allowance"). Such Tenant's Allowance shall be paid by Landlord shall have no obligation to reimburse Tenant for all or any portion throughout the construction of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions set forth on Exhibit D. In the event the cost to complete the Work exceeds the Tenant's Allowance, Tenant shall be solely responsible for the payment of paragraph 15.2 if (i) all additional sums charged by such Leasehold contractors in connection with the Improvements. Tenant will use best efforts to cause the Improvements were installed without to be constructed in accordance with the prior written consent of Landlord, Final Plans on or (ii) at before the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant targeted Commencement Date set forth in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination Lease Summary. Any of the Lease Term.following is individually a "Landlord Delay" and collectively, the "Landlord Delays":

Appears in 1 contract

Samples: Mercator Software Inc

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter With the Premises without Landlord's prior approval if such action results in the removal or alteration exception of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications thereforSubtenant’s trade fixtures, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during Subtenant solely and exclusively, all improvements affixed to the Lease TermSublease Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Sublease Premises without compensation to Subtenant. Tenant shall have However, Landlord and/or Sublandlord, by written notice to Subtenant within thirty (30) days prior to the right Expiration Date, may require Subtenant to remove remove, at Subtenant’s expense: (1) Cable (defined in Section 6(g)(1)) installed by or for the exclusive benefit of Subtenant and located in the Sublease Premises or other portions of the Building; and (2) any Leasehold Improvements so long that are performed by or for the benefit of Subtenant and, in Landlord’s and/or Sublandlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Without limitation, it repairs all is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type. The Required Removables designated by Landlord and/or Sublandlord shall be removed by Subtenant before the Expiration Date. Subtenant shall repair damage caused by the installation or removal thereof of Required Removables. If Subtenant fails to remove any Required Removables or perform related repairs in a timely manner, Sublandlord, at Subtenant’s expense, may remove and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination dispose of the Lease TermRequired Removables and perform the required repairs. Subtenant, all Leasehold Improvements within thirty (30) days after receipt of an invoice, shall reimburse Sublandlord for the reasonable costs incurred by Sublandlord. Notwithstanding the foregoing, Subtenant, at the time it requests approval for a proposed Alteration (defined in Section 6(g)(2)), may request in writing that Tenant does not elect to remove shall be surrendered to Landlord as a part of Sublandlord advise Subtenant whether the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all Alteration or any portion of the value or cost thereof; providedAlteration will be designated as a Required Removable. Within fifteen (15) days after receipt of Subtenant’s request, however, that Tenant Sublandlord shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant advise Subtenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned as to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination which portions of the Lease TermAlteration, if any, will be considered to be Required Removables.

Appears in 1 contract

Samples: Electronic Arts Inc

Leasehold Improvements. Tenant All improvements to the Premises other than Tenant’s personal property, the Required Removables (defined below) and trade fixtures (collectively, “Leasehold Improvements”) shall not construct any Leasehold ---------------------- Improvements or otherwise alter be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord's , by ZYMOGENETICS 1144 EASTLAKE LEASE PAGE 14 FEBRUARY 29, 2008 written notice to Tenant within 30 days prior approval if such action results to the Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined below) installed by or for the exclusive benefit of Tenant and located in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures Premises or other utility installations) portions of the Premises or the Property; and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements ($200,000collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and not until showers, vaults, rolling file systems and structural alterations and modifications of any type. Notwithstanding the foregoing, under no circumstances will Tenant be required to remove any Cable (defined below) or any improvement present at the Property as of the Commencement Date. The Required Removables designated by Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed removed by Tenant at Tenant's expense in substantial compliance with before the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good qualityTermination Date. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant’s expense, may remove and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination dispose of the Lease TermRequired Removables and perform the required repairs. Tenant, all Leasehold Improvements within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined below), may request in writing that Landlord advise Tenant does not elect to remove shall be surrendered to Landlord as a part of whether the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all Alteration or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so Alteration will be designated for removal by Landlord in accordance with the provisions as a Required Removable. Within 10 days after receipt of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold ImprovementsTenant’s request, Landlord informed shall advise Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned as to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination which portions of the Lease TermAlteration, if any, will be considered to be Required Removables, and if Landlord does not respond within such 10 day period, such Alterations will not be considered Required Removables (and, in such event, Landlord shall not have the right under the second sentence of this Section to later require Tenant to remove such Alterations).

Appears in 1 contract

Samples: Office Lease Agreement (Zymogenetics Inc)

Leasehold Improvements. Tenant All improvements to the Premises (collectively, “Leasehold Improvements”) shall not construct any Leasehold ---------------------- Improvements or otherwise alter be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord's , by written notice to Tenant within 30 days prior approval if such action results to the Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures Premises or other utility installations) portions of the Building; and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements ($200,000collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and not until showers, vaults, rolling file systems and structural alterations and modifications of any type. The Required Removables designated by Landlord shall have first approved be removed by Tenant before the plans and specifications thereforTermination Date, which approval shall be deemed given if not denied provided that upon prior written notice to Landlord, Tenant may remain in writing within ten (10) working the Premises for up to 5 days after Landlord shall have received Tenant's request the Termination Date for such approval. In the sole purpose of removing the Required Removables, but in no event shall Tenant make any alterations to such holdover in the Premises which could significantly affect the structural integrity constitute or the exterior design create a tenancy-at-will under existing applicable law. Tenant’s possession of the Improvements. Notwithstanding anything Premises shall be subject to all of the contrary contained in terms and conditions of this Lease, Tenant shall have including the right obligation to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant pay Rent on a per diem basis at Tenant's expense the rate in substantial compliance with effect for the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone last month of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant’s expense, may remove and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination dispose of the Lease TermRequired Removables and perform the required repairs. Tenant, all Leasehold Improvements within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined in Section IX.C), may request in writing that Landlord advise Tenant does not elect to remove shall be surrendered to Landlord as a part of whether the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all Alteration or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so Alteration will be designated for removal by Landlord in accordance with the provisions as a Required Removable. Within 10 days after receipt of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold ImprovementsTenant’s request, Landlord informed shall advise Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned as to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination which portions of the Lease TermAlteration, if any, will be considered to be Required Removables.

Appears in 1 contract

Samples: Office Lease Agreement (Homebanc Corp)

Leasehold Improvements. Tenant All improvements in and to the Premises, including any Alterations (collectively, "LEASEHOLD IMPROVEMENTS") shall not construct any Leasehold ---------------------- Improvements or otherwise alter remain upon the Premises at the end of the Term without compensation to Tenant. Landlord's prior approval if such action results in , however, by written notice to Tenant at the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until time Landlord shall have first approved approves the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make improvements, may require Tenant, at its expense, to remove (a) any alterations to Cable (defined in Section 9.01) installed by or for the Premises which could significantly affect the structural integrity or the exterior design benefit of Tenant, and (b) Alterations that, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the Improvements. Notwithstanding anything removal and repair costs associated with standard office improvements (collectively referred to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good qualityas "REQUIRED REMOVABLES"). Tenant shall not commence construction of be required to remove any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtaineditem Landlord determines that a future tenant will use any such item that otherwise qualifies as a Required Removable, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) then Tenant shall have given Landlord at least five not be obligated to remove (5or pay for) days prior written notice the same. Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, safe deposit boxes and rolling file systems, the teller line, the ATM and night deposit (defined in Exhibit F), any specialized HVAC installed by or for Tenant, and structural alterations and modifications. However, it is agreed that Required Removables shall not include any usual office improvements such as gypsum board, partitions, ceiling grids and tiles, fluorescent lighting panels, Building standard doors and non-glued down carpeting. Subject to the foregoing and the terms of its intention to commence such constructionSection 25 hereof, (iv) Tenant shall have notified Landlord by telephone none of the commencement installations in the Premises as of construction on the day it commences, and (v) if reasonably requested date hereof shall be designated Required Removables. The designated Required Removables shall be removed by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to before the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease TermTermination Date. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof and returns of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant's expense. Tenant, at the Premises to time it requests approval for a proposed Alteration, including the condition existing prior to Initial Alterations, may request in writing that Landlord advise Tenant whether the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all Alteration or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of LandlordAlteration, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration Initial Alterations or earlier termination any portion of the Lease TermInitial Alterations, is a Required Removable.

Appears in 1 contract

Samples: Office Lease Agreement (Evergreenbancorp Inc)

Leasehold Improvements. Tenant All improvements in and to the Premises, including any Alterations (defined in Section 9.03) (collectively, “Leasehold Improvements”) shall not construct any Leasehold ---------------------- Improvements or otherwise alter remain upon the Premises without Landlord's prior approval if such action results in at the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design end of the Improvements. Notwithstanding anything Term without compensation to the contrary contained Tenant, provided that Tenant, at its expense, in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans National Electric Code or other applicable Law, shall remove any Cable (defined in Section 9.01 below). In addition, Landlord, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and specifications thereforrepair costs that are materially in excess of the removal and repair costs associated with standard office improvements (the Cable and such other items collectively are referred to as “Required Removables”). All construction undertaken Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The Required Removables shall be removed by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good qualitybefore the Termination Date. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof and returns of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Notwithstanding the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Termforegoing, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's propertyif Tenant, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to it requests approval for a proposed Alteration, including any Initial Alterations or Landlord Work, as such Leasehold Improvementsterms may be defined in the Work Letter attached as Exhibit C, Landlord informed Tenant requests in writing that Landlord would require that such Leasehold Improvements be removed and advise Tenant whether the Premises returned to the condition existing prior to the installation Alteration, including any Initial Alterations or Landlord Work, or any portion thereof, ordinary wear and tear exceptedis a Required Removable, at the expiration or earlier termination then, within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions, if any, of the Lease TermAlteration are Required Removables, and any such Alteration (or any portion thereof) as to which Landlord does not timely so advise Tenant that the same is a Required Removable shall not be deemed a Required Removable.

Appears in 1 contract

Samples: Office Lease Agreement (Zillow Inc)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements If leasehold improvements made by or otherwise alter for the benefit of TENANT in the Premises without Landlord's prior approval if at his request or other personal property to TENANT are assessable or taxable and a tax liability is imposed to TENANT or LANDLORD, it is understood that it shall be the sole responsibility of TENANT to pay such action results taxes and in no event shall such taxes be the removal liability or alteration be transferable to LANDLORD. In the event that by operation of law, such taxes became a liability of LANDLORD, TENANT shall pay such taxes as they become due and payable and shall promptly reimburse LANDLORD for any payments or expenses incurred or disbursed by LANDLORD by reasons of any material portion such assessment. Said amount shall be due and payable, as additional rent, with the next installment of existing Improvements (including wall and floor coveringsrent. In the event that TENANT fails to make this payment when due, ceilings, lighting fixtures or other utility installations) and (a) it shall be subject to the cost dispositions of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work Article THIRTY-SEVEN hereof. Twenty-five: Stoppage of improvement or (b) Operations - It is understood by the cost parties hereto that this Lease is made by LANDLORD in furtherance of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000)the industrialization plans of the Commonwealth of Puerto Pico, and not until Landlord shall have first approved it is accordingly understood that TENANT will use all reasonable efforts while this Lease is in effect to maintain a manufacturing operation upon the plans and specifications thereforPremises, which approval but nothing contained in this paragraph shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for to require TENANT to maintain such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done an operation otherwise than in accordance with all Laws sound principles of business management, or (without limiting the generality of the foregoing) to prevent TENANT from curtailing such operation or from shutting it down, whenever and as often as TENANT may, in a good and workmanlike manner using materials the exercise of good qualitysound business judgment, deem such action advisable. Tenant However, TENANT shall not commence construction give to LANDLORD notice of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtainednecessary or convenient curtailment and/or shut-down, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five seven (57) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect date fixed therefor except in cases of an emergency shut-down, in which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate case such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove notice shall be surrendered to Landlord as a part given at the earliest possible time. No curtailment of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all operations or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord shut-down in accordance with the provisions of this paragraph 15.2 if shall constitute a default under the provisions of this Contract which will enable LANDLORD to terminate it, unless such plants shall have been shut-down for a period of six (i6) such Leasehold Improvements were installed without consecutive months. A shut-down on account of unforeseeable event or events which although foreseeable could not be prevented, shall not constitute a breach of this agreement. Nothing in this paragraph contained shall relieve TENANT from the prior written consent payment of Landlord, rent during the period of any shut-down or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination curtailments of the Lease Termoperations.

Appears in 1 contract

Samples: Agreement (Integra Lifesciences Holdings Corp)

Leasehold Improvements. Tenant All improvements to the Premises (collectively, “Leasehold Improvements”) shall not construct any Leasehold ---------------------- Improvements or otherwise alter be owned by Landlord and shall remain upon the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received compensation to Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained foregoing, all Tenant’s Property (as defined in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (iArticle 15) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during and shall not remain upon the Lease Premises. It is understood and agreed that any Tenant’s Property which is minimally attached to the walls or floor of the Premises may be removed by Tenant, provided Tenant repairs any damage caused by such removal. However, Landlord, by written notice to Tenant not later than 30 days prior to the Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined in Section 9.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Building; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant’s possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant’s expense, may remove and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination dispose of the Lease TermRequired Removables and perform the required repairs. Tenant, all Leasehold Improvements within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined in Section 9.C), may request in writing that Landlord advise Tenant does not elect to remove shall be surrendered to Landlord as a part of whether the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all Alteration or any portion of the value or cost thereof; providedAlteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s request, howeverLandlord shall advise Tenant in writing as to which portions of the Alterations, that Tenant shall remove any Leasehold Improvements so designated for removal if any, will be considered to be a Required Removable. Any Required Removable identified by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements requests approval for a proposed Alteration must be removed and by Tenant whether or not Landlord provides the Premises returned written notice (to the condition existing be sent not later than 30 days prior to the installation thereofTermination Date) to Tenant as set forth above, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Termall other Alterations not so designated by Landlord as a Required Removable need not be removed by Tenant.

Appears in 1 contract

Samples: Office Lease Agreement (Centrexion Therapeutics Corp)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter comply with the Tenant improvement schedule attached hereto and made a part hereof as Exhibit "B". The Leased Premises without Landlord's prior approval if such action results shall be remodeled and improved in the removal or alteration accordance with Exhibit "B" and plans and specifications submitted and signed by Tenant. Landlord shall provide Tenant with a finish allowance of any material portion $15.00/square foot of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars Net Rentable Area ($50,000) per work of improvement or 111,405.00), plus demolition as set forth on Exhibit B-2 (b) the cost of such Leasehold Improvements done"Allowance"), under to include space planning and design, construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000)relocation costs, architectural and construction management, and not until MEP drawings. The Allowance shall include costs for demolition of partitions as shown on Exhibit "B-2" attached hereto. After receipt of the approved working drawings and pricing letter agreement described in said Exhibit "B", Landlord will partition and prepare said Leased Premises in accordance therewith; however, Landlord shall have first approved not be required to install any partitions or improvements which are not in conformity with the plans and specifications therefor, for the Building or which approval shall be deemed given if are not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's propertyarchitect, and Landlord shall have no obligation be required to reimburse Tenant for all or any portion bear the expense of installing only the items listed in Exhibit "B" hereto which can be installed at a cost not to exceed the Allowance. All installations in excess of the value or Allowance ("Tenant's Costs") shall be for Tenant's account, and Tenant shall pay, as additional rent hereunder, to Landlord, an amount therefor equal to Landlord's actual cost thereof; provided, howeverincluding associated architectural and engineering fees, that if any, plus an additional charge of fifteen percent (15%) to cover overhead, promptly upon being invoiced therefor. Additionally, Tenant shall remove pay all ad valorem taxes and increased insurance premiums that are payable on account of any Leasehold Improvements so designated of Tenant's improvements that are in addition to those items (or quantities thereof) described on Exhibit "B" hereto. Failure by Tenant to pay any sums described in this Section 3.01 in full within thirty (30) days after its receipt of an invoice therefor will constitute failure to pay rent when due and an event of default by Tenant hereunder, giving rise to all remedies available to Landlord under this Lease and at law for removal nonpayment of rent. It is stipulated that time is of the essence in connection with Tenant's compliance with the terms of Exhibit "B". Landlord may make insubstantial changes in its preparation of the Leased Premises without Tenant's approval. Landlord may make substantial changes in its preparation of the Leased Premises only with Tenant's approval, which approval shall not be unreasonably withheld. Upon completion by Landlord of the work to be performed by it in preparation of the Leased Premises substantially in accordance with Exhibit "B", Landlord will tender possession of such premises to Tenant, and Tenant will accept and occupy the Leased Premises, if completed pursuant to Exhibit "B", subject to punch list items which Landlord will complete as soon as reasonably possible. The work to be performed by Landlord in the preparation of the Leased Premises shall be deemed to have been completed substantially in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent Exhibit "B", notwithstanding that adjustments may be required to be made by Landlord in its work and that minor items of Landlord's work have not been fully completed, so long as Tenant would be able to use the Leased Premises for the purpose provided hereunder upon performance of Tenant's own construction and installation of its fixtures and equipment. Completion substantially in accordance with Exhibit "B" by Landlord may, but need not be, evidenced by a certificate of completion or (ii) at the time Tenant requested certificate of substantial completion issued by Landlord's consent architect. Subject to Section 3.03, after such Leasehold Improvementstender of possession by Landlord, Landlord informed Tenant may enter the Leased Premises under all the terms and conditions of this Lease (except that no rental shall be payable until the commencement of the term as specified in writing Article 4 hereof) for the purpose of performing its construction work in the Leased Premises and installing its fixtures. Entry into possession by Tenant will constitute acknowledgment by Tenant that the Leased Premises are in the condition called for by this Lease and that Landlord would require that such Leasehold Improvements be removed and the Premises returned has performed all of Landlord's visible obligations relating to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination preparation of the Lease TermLeased Premises, but subject to punch list items.

Appears in 1 contract

Samples: Lease Agreement (Pinnacle Global Group Inc)

Leasehold Improvements. Any trade fixtures, unattached and movable equipment or furniture, or other personalty brought into the Premises, the Storage Space or the Parking Garage by Tenant ("Tenant's Property") shall be owned or leased by Tenant. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter remove all such Tenant's Property from the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with the terms of Article 36 hereof. Any and all Laws alterations, additions and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating improvements to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the BuildingPremises, including any built-in furniture (collectively, "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements ") shall be owned by Landlord and shall remain upon the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease TermPremises, all Leasehold Improvements that Tenant does not elect without compensation, allowance or credit to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereofTenant; provided, however, that following the Commencement Date, in the event Tenant shall remove requests to perform any Leasehold Improvements so designated for removal by Landlord in accordance with [i.e. improvements other than the provisions of paragraph 15.2 if "Initial Leasehold Improvements" (i) such Leasehold Improvements were installed without the prior written consent of Landlorddefined below)], or (ii) at the time Tenant requested and Landlord's consent to such Leasehold Improvements shall be required under this Lease, Landlord shall be entitled at the time of its consent thereto to condition such consent upon the requirement that Tenant remove the proposed Leasehold Improvements upon expiration of the Term at the sole cost and expense of Tenant. Any such designated Leasehold Improvements, together with any installations made by Tenant upon the roof, or any work of visual art subject to the Visual Artists Right Act of 1990 (17 U.S.C. Section 101 et. seq.) (commonly referred to as" VARA") installed on or about the Premises by Tenant shall be collectively referred to herein as the "Required Removables". Nothing contained herein shall be deemed to constitute the designation by Landlord informed of Tenant as its agent with respect to any works of visual art proposed to be installed by or on behalf of Tenant in writing that Landlord would require that such the Building. Tenant expressly covenants to obtain the written waiver of any artist of any work of visual art to the removal of same from the Building upon termination or expiration of this Lease. The Leasehold Improvements to be removed and the Premises returned to the condition existing constructed by Landlord or Tenant prior to the installation thereofCommencement Date, ordinary wear and tear excepted, at in accordance with Article 28 are sometimes hereinafter referred to as the expiration or earlier termination of the Lease Term"Initial Leasehold Improvements".

Appears in 1 contract

Samples: Office Lease Agreement (Informax Inc)

Leasehold Improvements. Tenant shall not construct agrees to pay Landlord a maximum of $35.00 per foot for any Leasehold ---------------------- Improvements or otherwise alter and all Tenant improvements based upon the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the estimating plans and specifications therefor, which approval shall be deemed given if not denied provided any changes thereto are reasonable in writing within ten scope. (10A copy of said estimating plans are attached hereto as Exhibit “D”.) working days after Landlord shall have received Tenant's request further agrees to competitively bid-out all Tenant improvements on the leased premises and to allow Tenant to accept or reject the bids for such approvalthe leasehold improvements. In no the event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect accept any of the bids submitted for the leasehold improvements, then Tenant reserves the right for the Landlord to remove deliver to Tenant a shell of the building and then Tenant will have the right and responsibility to finish all leasehold improvements. The shell of the building is defined and set forth in the attached plans submitted as Exhibit “D”. Tenant further agrees to pay a mxxx-up of 3% to the Landlord for supervision of the leasehold improvements if the Tenant accepts the bids submitted to Landlord and Landlord is responsible for completing the leasehold improvements. Payment to the Landlord hereunder shall be surrendered made in accordance with a separate contract between Landlord and Tenant regarding said leasehold improvements. The parties hereto have executed this Lease Agreement on the day and year first above written. As to Landlord as a Landlord: As to Tenant: CRESTWOOD CONSTRUCTION, LLC YARDVILLE NATIONAL BANK By: Jxxx X. Xxxxx, III By: Pxxxxxx X. Xxxx JXXX X. XXXXX, III PXXXXXX X. XXXX President/CEO Dated: 5-25—98 Dated: 4/2/98 ADDENDUM TO LEASE AGREEMENT LANDLORD: CRESTWOOD CONSTRUCTION, LLC TENANT: YARDVILLE NATIONAL BANK PROPERTY: Block 2000, Xxx 000, Xxxxxxxx Xxxxxxxx, NJ The contents of this Addendum are an Integral part of the realty Lease Agreement dated May 8, 1998 and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of wherever the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination contents of the Lease TermAgreement and this Addendum differ, the Addendum shall govern.

Appears in 1 contract

Samples: Yardville National Bancorp

Leasehold Improvements. Tenant shall If the leased premise does not construct any Leasehold ---------------------- Improvements or otherwise alter the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures have a hangar or other utility installationsbuilding situated upon it, the Lessee shall within thirty (30) and (a) days of execution of this Lease provide the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the Lessor with plans and specifications thereforfor the hangar or other improvements to be placed upon the leased premises. If Lessor approves the submitted plans and specifications, which approval the Lessee shall commence construction within six (6) months from the date of this Lease and the construction shall be deemed given if pursued with due diligence and completed within 6 months. If the lease fails to comply with the time constraints as herein set forth, this Lease shall terminate at that time. Prior to commencing construction of improvements, Lessee shall be responsible for completing Federal Aviation Administration Form 7460 - Notice of Proposed Construction or Alteration. A copy of the completed and signed form must be provided to the Airport. Leasehold Improvements is defined as all buildings, including but not denied in writing limited to hangars and/or improvements, whether or not permanently attached to the Subject Property, placed and/or constructed on the Subject Property during the term of this Lease by the Lessee or left by a prior Lessee having the authority to sell said property to the Lessee. The Lessee shall own all improvements that it places or constructs on the leased premises and agrees that within ten thirty (1030) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity termination of this Lease or the exterior design expiration of the Improvements. Notwithstanding anything lease term, the Lessee shall remove all such improvements and all other property owned by the Lessee and to restore the contrary contained in this Leaseleased premises to a neat, Tenant shall have clean, orderly condition, remove all concrete foundations, and restore the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone surface of the commencement leased premises within said 30-day period of construction time. Any buildings, improvements, or other property remaining on the leased premises after such 30-day it commencesperiod shall, and (v) if reasonably requested by Landlordat the option of the Lessor, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain become the property of Tenant during the Lease TermLessor. Tenant shall have In the right to remove any Leasehold Improvements so long as it repairs all damage caused event such removal or restoration is not completed by the Lessee within such 30-day period, the Lessor may remove or cause the removal thereof of any such building, improvements, or other property and returns restore or cause the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination restoration of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove leased premises. The cost and expenses of same shall be surrendered paid by Lessee. Lessor shall be entitled to Landlord as a part recover any such cost and expenses from Lessee, together with all attorney’s fees and costs incurred by Lessor in enforcing this Lease. Lessor may remove or cause the removal of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Termbuilding.

Appears in 1 contract

Samples: flyyra.com

Leasehold Improvements. Tenant All improvements to the Premises other than Tenant's Property (as defined in Article XV) (collectively, "Leasehold Improvements") shall not construct any Leasehold ---------------------- Improvements or otherwise alter be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the Termination Date, may require Tenant to remove, at Tenant's prior approval if such action results expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures Premises or other utility installations) portions of the Building; and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars any Leasehold Improvements that are performed by or for the benefit of Tenant after the Commencement Date and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements ($200,000collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and not until showers, vaults, rolling file systems and structural alterations and modifications of any type made after the Commencement Date. The Required Removables designated by Landlord shall have first approved be removed by Tenant before the plans and specifications thereforTermination Date, which approval provided that upon prior written notice to Landlord. Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations subject to the Premises which could significantly affect the structural integrity or the exterior design all of the Improvements. Notwithstanding anything to the contrary contained in terms and conditions of this Lease, Tenant shall have including the right obligation to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant pay Rent on a per diem basis at Tenant's expense the rate in substantial compliance with effect for the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone last month of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner. Landlord, at Tenant's expense, may remove and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination dispose of the Lease TermRequired Removables and perform the required repairs. Tenant, all Leasehold Improvements within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined in Section IX.C), may request in writing that Landlord advise Tenant does not elect to remove shall be surrendered to Landlord as a part of whether the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all Alteration or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so Alteration will be designated for removal by Landlord in accordance with the provisions as a Required Removable. Within 30 days after receipt of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested LandlordTenant's consent to such Leasehold Improvementsrequest, Landlord informed shall advise Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned as to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination which portions of the Lease TermAlteration, if any, will be considered to be Required Removables. If Landlord fails to advise Tenant in writing as to which portions of the Alteration will be considered to be Required Removables. Tenant will have no obligation to remove the Alterations which were the subject to Tenant's request.

Appears in 1 contract

Samples: Office Lease Agreement (Lecg Corp)

Leasehold Improvements. Tenant All improvements to the Premises (collectively, "Leasehold Improvements") shall not construct any Leasehold ---------------------- Improvements or otherwise alter be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the Termination Date, may require Tenant to remove, at Tenant's prior approval if such action results expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures Premises or other utility installations) portions of the Building; and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements ($200,000collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and not until showers, vaults, rolling file systems and structural alterations and modifications of any type. The Required Removables designated by Landlord shall have first approved be removed by Tenant before the plans and specifications thereforTermination Date, which approval provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations subject to the Premises which could significantly affect the structural integrity or the exterior design all of the Improvements. Notwithstanding anything to the contrary contained in terms and conditions of this Lease, Tenant shall have including the right obligation to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant pay Rent on a per diem basis at Tenant's expense the rate in substantial compliance with effect for the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone last month of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant's expense, may remove and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination dispose of the Lease TermRequired Removables and perform the required repairs. Tenant, all Leasehold Improvements within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined in Section IX.C), may request in writing that Landlord advise Tenant does not elect to remove shall be surrendered to Landlord whether the Alteration or the Initial Alterations, as a part of the realty and shall then become Landlord's propertycase may be, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value Alteration or cost thereof; providedthe Initial Alterations, howeveras the case may be, that Tenant shall remove any Leasehold Improvements so will be designated for removal by Landlord in accordance with the provisions as a Required Removable. Within 10 days after receipt of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested LandlordTenant's consent to such Leasehold Improvementsrequest, Landlord informed shall advise Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned as to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination which portions of the Lease TermAlteration or the Initial Alterations, as the case may be, if any, will be considered to be Required Removables.

Appears in 1 contract

Samples: Office Lease Agreement (Indus International Inc)

Leasehold Improvements. Tenant All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall not construct any Leasehold ---------------------- Improvements or otherwise alter remain upon the Premises at the end of the Term without compensation to Tenant. Landlord's , however, by written notice to Tenant at least thirty (30) days prior approval if such action results in to the removal or alteration of any material portion of existing Improvements (including wall and floor coveringsTermination Date, ceilingsmay require Tenant, lighting fixtures or other utility installations) and at its expense, to remove (a) any Cable (defined in Section 9.01) installed by or for the cost benefit of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or Tenant, and (b) any Alteration that Landlord has notified Tenant, at the cost of time Tenant requested approval for a proposed Alteration, that such Leasehold Improvements done, under construction, or for which approval is sought during any two Alteration could have to be removed (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000collectively referred to as “Required Removables”), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Leaseherein, Tenant shall have the right to reconfigure demountable walls except for Cable and partitions without Landlord's prior written consent. All such approved Leasehold Improvements for those items listed on Exhibit L hereto, which shall be installed removed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of this Lease, none of the Lease Term.Initial Alterations (as defined in Exhibit C) shall be deemed to be Required Removables or required to be removed by Tenant on or before the Termination Date. Subject to the preceding sentence, Required Removables shall include, without limitation, internal stairways, raised floors, personal restrooms and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work and in such event Tenant shall reimburse Landlord within thirty (30) days of invoice for Landlord’s reasonable out-of-pocket costs for such work. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. However, it is agreed that Required Removables shall not include any usual office improvements such as gypsum board, partitions, ceiling grids and tiles, fluorescent lighting panels, Building standard doors and non-glued down carpeting. Notwithstanding the foregoing, Tenant shall not be liable for the removal of any portion of the Initial Alterations, as that term is defined in Exhibit C.

Appears in 1 contract

Samples: Office Lease Agreement (Karyopharm Therapeutics Inc.)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements All leasehold improvements, alterations, fixtures or otherwise alter permanent drywall partitions made, erected or installed in the Premises without Landlord's prior approval if such action results in by the Tenant, including carpeting and light fixtures, shall become the property of the Landlord upon installation or affixation and upon the expiration or other termination of this Lease they shall remain upon and be surrendered with the Premises as part thereof. Notwithstanding the foregoing, (i) the Landlord may, by notice to the Tenant, require the removal immediately prior to the end of the Term, at the expense of the Tenant, of all leasehold improvements, alterations, fixtures and partitions installed by or alteration on behalf of any material portion the Tenant and the restoration of existing Improvements (including wall and floor coveringsthe Premises, ceilingssuch work to be done by or at the direction of the Landlord, lighting fixtures or other utility installations) and (aii) if the cost Tenant is not in default under this Lease it shall, at the end of such construction the Term, have the right to remove its trade fixtures, data communication equipment and cabling, telephone and PBX equipment and cabling, computer equipment and cabling, custom cabinets, furniture and equipment, work stations whether or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement not bolted, wired or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000)affixed, and not until Landlord shall have first approved non standard light fixtures provided it repairs the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations damage caused to the Premises which could significantly affect by their installation or removal. Any trade fixtures not removed by the structural integrity or Tenant prior to the exterior design end of the ImprovementsTerm shall thereupon become the property of the Landlord. Notwithstanding anything No trade fixtures, furniture or equipment may be removed by the Tenant from the Premises during the Term unless it is being replaced by similar new furniture or equipment. If the Tenant fails to the contrary contained perform any obligation set out in this Lease, Tenant Section the Landlord shall have the right to reconfigure demountable walls perform it, in which case the Tenant shall pay to the Landlord as Additional Rent the costs of such work. The Landlord shall be entitled to all insurance proceeds and expropriation compensation payable with respect to all such leasehold improvements, alterations, fixtures and partitions without Landlord's prior written consent. All whether such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with proceeds or compensation is payable or paid before or after the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone end of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Lease Between (Ids Intelligent Detection Systems Inc)

Leasehold Improvements. All improvements in and to the Premises, including any Alterations (as defined in Section 9.03) (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, shall remove any Cable (defined in Section 9.01 below). Landlord, however, except as specifically set forth below, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove any Alterations made after the Commencement Date that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Notwithstanding the foregoing, subject to Section I.D of the Work Letter, Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter only be required to remove Initial Alterations installed pursuant to the Work Letter to the extent such Initial Alterations are non-typical general office improvements, and only the Required Removables designated by Landlord in accordance with Section I.D of the Work Letter shall be removed by Tenant before the Termination Date. Upon prior written notice to Landlord, Tenant may remain in the Premises for up to five (5) days after the Termination Date for the sole purpose of removing the Required Removables. Tenant’s possession of the Premises during such five (5) day period shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term, provided that if Tenant remains in possession of the Premises after the expiration of such five (5) day period, such occupancy shall be subject to the terms of Section 22 below. Required Removables shall include, without Landlord's prior limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications installed by Tenant. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, within thirty (30) days after receipt of an invoice shall reimburse Landlord for the reasonable costs incurred by Landlord in connection with such repair and removal. Notwithstanding the foregoing, Tenant, at the time it requests approval if such action results for a proposed Alteration, may request in writing that Landlord advise Tenant whether the removal Alteration or alteration of any material portion of existing Improvements (including wall and floor coveringsthe Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s request, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied advise Tenant in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations as to the Premises which could significantly affect the structural integrity or the exterior design portions of the Improvements. Notwithstanding anything to Alteration will be considered a Required Removables, provided that within the contrary contained in this Leaselast 60 days of the Term, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance confirm with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements still requires the Required Removables to be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Termby Tenant.

Appears in 1 contract

Samples: Office Lease Agreement (Boingo Wireless Inc)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall not be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approvalunreasonably withheld. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consentPremises. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense using a licensed contractor first reasonably approved by Landlord in substantial compliance with the approved plans and specifications therefor. Landlord may require, among other things, as a condition of approval of such contractor, that such contractor at all times during the period of construction of the Leasehold Improvements carry general liability insurance with such coverages and liability limits as may be reasonably required by Landlord, and worker's compensation insurance in compliance with Law, issued by insurance companies licensed to do business in the state of California, and naming Landlord as an additional insured on all such policies where applicable. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by LandlordLandlord in its reasonable discretion, Tenant shall have obtained contingent liability and broad form builders builders' risk insurance or completion and performance bonds in an amount reasonably satisfactory to Landlord, naming Landlord if there are any perils relating to as an additional insured; provided, however, that no performance bonds shall be required for the proposed construction not covered by insurance carried initial Tenant Improvements made pursuant to Article 9Section 5.4 if (a) Tenant provides Landlord with at least five (5) days' written notice prior to commencement of construction, stating that Landlord needs to post a notice of non-responsibility on the Premises and (b) Tenant shall cooperate with Landlord in the posting and maintaining of the notice. Landlord shall cause to be made available to Tenant all information maintained by Landlord In the event that no notice, or an insufficient notice, of non-responsibility is posted through no fault of Landlord, upon Landlord's architect which relates to request, Tenant shall stop construction work on the plans for the BuildingPremises until a proper, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvementslegally valid notice is posted. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant , but shall have not be damaged, altered, or removed from the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold ImprovementsPremises. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that if Landlord requires Tenant shall to remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) Section 15.2, then Tenant shall so remove such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant may construct nonstructural alterations, additions and improvements ("Alterations") in the Premises, which do not affect the HVAC, electrical, plumbing, or other building service centers, and are not visible outside of the Premises without Landlord's prior approval, if the cost of such work does not exceed Twenty-Five Thousand Dollars ($25,000) and if Tenant provides Landlord with notice prior to commencement of the work, in order to permit Landlord to post a notice of non-responsibility. Upon written request of Tenant, Landlord shall advise Tenant in writing whether it reserves the right to require Tenant to remove the Alterations that are the subject of the request from the Premises upon termination of the Lease. Landlord shall provide a written response within fifteen (15) days indicating that Landlord will allow Tenant to leave the Alterations in place. If no response is received, then it shall be presumed that Landlord has reserved its right to require removal of the Alterations that are the subject of the request.

Appears in 1 contract

Samples: Standard Lease Agreement (Socket Communications Inc)

Leasehold Improvements. Tenant Landlord shall not construct any Leasehold ---------------------- make the attached improvements at its own cost, subject to the reimbursement requirements set forth in Section 7 of the Amendment. (Plans Attached) B2-1 Immediately following the Effective Date of this Second Lease Amendment, Landlord shall cause plans, specifications and working drawings for the Improvements or otherwise alter the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost to be prepared. Landlord shall submit a copy of such construction or alteration exceeds Fifty Thousand Dollars plans, specifications and working drawings to County within sixty ($50,00060) per work of improvement or (b) days after the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans Effective Date. Such working drawings and specifications thereforshall be subject to County‘s approval, which approval shall not be deemed given if unreasonably withheld or delayed. If County disapproves such working drawings and specifications, or any portion thereof, then County shall promptly notify Landlord thereof and of the revisions that County reasonably requires in order to obtain County’s approval. As soon as reasonably possible thereafter, but in no event later than ten (10) days after County’s notice, Landlord shall submit to County revised plans, specifications and working drawings incorporating the revisions required by County. Such revisions shall be subject to County’s approval, which shall not denied be unreasonably withheld or delayed. The plans, specifications and working drawings for the Improvements approved by County shall be referred to as the “Construction Documents.” Subject to the reimbursement requirements set forth in writing Section 6 of the Amendment, Landlord shall secure and pay for any building and other applicable and necessary permits and approvals, government fees, licenses and inspections necessary for the proper performance and completion of the Improvements shown on the approved Construction Documents. Promptly following County’s approval of the Construction Documents, Landlord shall apply for any permits, approvals or licenses necessary to complete such construction and shall provide copies to County promptly following receipt thereof. Landlord shall be responsible for arranging for all inspections required by the applicable local building inspection division. Immediately upon approval of the Construction Documents and Landlord’s procurement of all necessary permits and approvals, Landlord shall commence construction and shall cause the Improvements to be completed in a good and professional manner in accordance with sound building practice. Landlord shall comply with and give notices required by all laws, rules, regulations, ordinances, building restrictions and lawful orders of public authorities bearing on construction of the Improvements. Without limiting the foregoing, construction of the Improvements shall comply with all applicable disabled access laws, including, without limitation, the requirements of the Americans With Disabilities Act of 1990, Title 24 of the California Code of Regulations (or its successor) and County’s requirements for program accessibility. Landlord shall keep County apprised on a regular basis of the status of plan preparation, permit issuance and the progress of construction. Upon receipt of notice from Landlord that the Improvements are substantially complete, County shall have the right to present to Landlord within ten (10) working days after Landlord shall have received Tenant's request for of receipt of such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Leasenotice, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior a written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction punchlist consisting of any Leasehold Improvements until (i) all required governmental approvals and permits shall items that have not been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord finished in accordance with the provisions Construction Documents. Landlord shall promptly complete all defective or incomplete items identified in such punchlist, and shall in any event complete all items within thirty (30) days after the delivery of paragraph 15.2 if (i) such Leasehold Improvements were installed without list. County’s failure to include any item on such list shall not alter the prior written consent Landlord’s responsibility hereunder to complete all Improvement Work in accordance with the approved Construction Documents, nor constitute any waiver of Landlord, any latent defects. No approval by County or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination any of its Agents of the Construction Documents or completion of the Improvements for purposes of this Lease Termshall be deemed to constitute approval of any governmental or regulatory authority with jurisdiction over the Premises, and nothing herein shall limit Landlord’s obligations to obtain all such approvals.

Appears in 1 contract

Samples: Lease Agreement

Leasehold Improvements. Tenant All improvements to the Premises (collectively, "Leasehold Improvements") shall not construct any Leasehold ---------------------- Improvements or otherwise alter be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the Termination Date, may require Tenant to remove, at Tenant's prior approval if such action results expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures Premises or other utility installations) portions of the Project; and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars any Leasehold Improvements ($200,000other than the Initial Alterations) that are performed by or for the benefit of Tenant after the date Landlord tenders possession of the Premises to Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and not until showers, vaults, rolling file systems and structural alterations and modifications of any type. The Required Removables designated by Landlord shall have first approved be removed by Tenant before the plans and specifications thereforTermination Date, which approval provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations subject to the Premises which could significantly affect the structural integrity or the exterior design all of the Improvements. Notwithstanding anything to the contrary contained in terms and conditions of this Lease, Tenant shall have including the right obligation to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant pay Rent on a per diem basis at Tenant's expense the rate in substantial compliance with effect for the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone last month of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant's expense, may remove and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination dispose of the Lease TermRequired Removables and perform the required repairs. Tenant, all Leasehold Improvements within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined in Section IX.C), may request in writing that Landlcrd advise Tenant does not elect to remove shall be surrendered to Landlord as a part of whether the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all Alteration or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so Alteration will be designated for removal by Landlord in accordance with the provisions as a Required Removable. Within 10 days after receipt of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested LandlordTenant's consent to such Leasehold Improvementsrequest, Landlord informed shall advise Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned as to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination which portions of the Lease TermAlteration, if any, will be considered to be Required Removables.

Appears in 1 contract

Samples: Office Lease Agreement (Commtouch Software LTD)

Leasehold Improvements. Any trade fixtures, unattached and movable equipment or furniture, or other personal property brought into the Premises by Tenant including the bank trade fixtures described on Exhibit E ("Tenant's Property") shall be owned and insured by Tenant. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter remove all such Tenant's Property from the Premises in accordance with the terms of Article XXXVII hereof. Any and all other alterations, additions and improvements to the Premises, including any built-in furniture (collectively "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant, unless paid for by Tenant. Landlord may, nonetheless, at any time prior to, or within thirty (30) days after, the expiration or earlier termination of this Lease or Tenant's right to possession, require Tenant to remove any or all (as designated by Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, performed by or for which approval is sought during any two the benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (2the "Required Removables") calendar year period exceeds Two Hundred Thousand Dollars ($200,000)at Tenant's sole cost. In the event that Landlord so elects, and not until Landlord Tenant shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing remove such Required Removables within ten (10) working days after Landlord shall have received Tenant's request for such approval. In notice from Landlord, provided that in no event shall Tenant make any alterations be required to remove such Required Removables prior to the Premises which could significantly affect expiration or earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this LeaseRequired Removables, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of repair any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the such removal thereof and returns perform such other work as is reasonably necessary to restore the Premises to the condition existing prior to the installation of such Leasehold Improvementsthe Required Removables. At If Tenant fails to remove any specified Required Removables or to perform any required repairs and restoration within the expiration or sooner termination time period specified above, Landlord, at Tenant's sole cost and expense, may remove, store, sell and/or dispose of the Lease TermRequired Removables and perform such required repairs and restoration work. Tenant, within five (5) days after demand from Landlord, shall reimburse Landlord for any and all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal reasonable costs incurred by Landlord in accordance connection with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of LandlordRequired Removables. In no event, or (ii) at the time shall Tenant requested Landlord's consent be required to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination remove any of the Lease TermLandlord Work.

Appears in 1 contract

Samples: Office Lease Agreement (Republic Bancshares Inc)

Leasehold Improvements. Landlord at Landlord’s cost agrees to provide those improvements in the Leased Premises set forth on Exhibit B attached hereto. No later than July 15,2004, Tenant shall not construct any Leasehold ---------------------- Improvements provide Landlord or otherwise alter the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements ’s agent with a detailed floor plan layout, together with working drawings and written instructions (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000hereinafter “Tenant’s Plans”), and not until sufficiently detailed to enable Landlord to construct the various improvements indicated by Tenant on Tenant’s Plans. Landlord shall have first approved the plans and specifications therefor15 days after receipt thereof to notify Tenant of its approval of Tenant’s Plans, which approval shall not be deemed given if not denied in writing within ten (10) working days after unreasonably withheld. If the Tenant’s Plans or any part thereof are disapproved by Landlord, Landlord shall notify Tenant of the reason of such disapproval in writing. After notice of disapproval, Tenant shall submit revised Tenant’s Plans for Landlord’s approval within 15 days, and this process shall continue until the Tenant’s Plans are approved by Landlord. Landlord shall indicate on Tenant’s Plans which improvements or work are in addition to the work or improvements called for on Exhibit B. Such work or improvements will hereinafter be referred to as “Extra Work.” The Extra Work shall be as detailed and described on Exhibit F hereto. The time required to perform any Extra Work shown on Tenant’s Plans will be indicated by Landlord at the time of approval of Tenant’s Plans and, if the time necessary for the installation and completion of the Extra Work extends beyond the commencement of the Lease term, such term shall commence with no abatement of rent, notwithstanding the Landlord’s inability to complete the work prior to the beginning of the term. After Tenant’s Plans have received been approved by both Tenant and Landlord, Tenant may not make changes and alterations in Tenant's request for such ’s Plans without Landlord’s advance written approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Leaseaddition, Tenant shall have the right agrees to reconfigure demountable walls and partitions without Landlord's prior written consent. All reimburse Landlord immediately for such approved Leasehold Improvements shall be installed by Tenant at changes and alterations in Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance ’s Plans in an amount reasonably satisfactory equal to Landlord if there are any perils relating to the proposed Landlord’s actual cost for design and construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord of Tenant’s changes or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Termimprovements.

Appears in 1 contract

Samples: Southwest Casino Corp

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter the Leased Premises without Landlord's prior approval if such action results in the removal or alteration cumulative cost therefore over the Term of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration this Lease exceeds Fifty One Thousand Dollars ($50,0001,000.00) per or such work of improvement or (b) affects the cost of such Leasehold Improvements donestructural parts, under constructionbuilding systems, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not exterior of the Building. In no event shall improvement work be undertaken by Tenant until Landlord shall have first approved the plans and specifications therefortherefore, which approval approvals shall not be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consentunreasonably withheld. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense expense, using a licensed and financially sound contractor first approved by Landlord, in substantial compliance with the approved plans and specifications therefor. All construction undertaken done by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence construction of any Leasehold Improvements improvements until (ia) all required governmental approvals and permits shall have been obtained, (iib) all requirements regarding insurance imposed by this Lease shall have been satisfied, (iiic) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence the actual date for which such constructionconstruction shall commence, (ivd) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (ve) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders builder's risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant Term but shall have not be altered or removed from the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold ImprovementsLeased Premises. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that if Landlord requires Tenant shall to remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) Article 15, then Tenant shall so remove such Leasehold Improvements were installed without and restore the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent Leased Premises to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the their condition existing prior to the installation thereof, ordinary wear and tear excepted, at of such improvements prior to the expiration or earlier sooner termination of the Lease Term. As a condition to the Landlord’s prior approval for any Leasehold Improvements, Landlord may require Tenant to increase the amount of the Security Deposit to an amount necessary to restore the Leased Premises to their condition prior to the installation of such improvements, which amount is to be determined by Landlord in its sole, good faith discretion.

Appears in 1 contract

Samples: Lease Agreement (Knightscope, Inc.)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements Any trade fixtures, unattached and movable equipment or otherwise alter furniture, or other personalty brought into the Premises without Landlordby Tenant ("Tenant's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installationsProperty") and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received owned and insured by Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) remove all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns Property from the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions terms of paragraph 15.2 if Article XXXV hereof. Any and all alterations. additions and improvements to the Premises, including any built-in furniture (icollectively "Leasehold Improvements") such Leasehold Improvements were installed shall be owned and insured by Landlord and shall remain upon the Premises, all without the compensation, allowance or credit to Tenant. Landlord may, nonetheless, at any time prior written consent of Landlordto, or within six (ii6) at the time Tenant requested Landlord's consent to such Leasehold Improvementsmonths after, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of this Lease or Tenant's right to possession, require Tenant to remove any Leasehold Improvements performed by or for the benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables within ten (10) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease Termor Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by such removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition. If Tenant fails to remove any specified Required Removables or to perform any required repairs and restoration within the time period specified above, Landlord, at Tenant's sole cost and expense, may remove, store, sell and/or dispose of the Required Removables and perform such required repairs and restoration work. Tenant, within five (5) days after demand from Landlord, shall reimburse Landlord for any and all reasonable costs incurred by Landlord in connection with the Required Removables.

Appears in 1 contract

Samples: Office Lease Agreement (RDC International Inc)

Leasehold Improvements. Tenant All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall not construct any Leasehold ---------------------- Improvements or otherwise alter remain upon the Premises at the end of the Term without compensation to Tenant. Subject to Section 9.03, Landlord's , however, by written notice to Tenant at least 30 days prior approval if such action results in to the removal or alteration of any material portion of existing Improvements (including wall and floor coveringsTermination Date, ceilingsmay require Tenant, lighting fixtures or other utility installations) and at its expense, to remove (a) any Cable (defined in Section 9.01) installed by or for the cost benefit of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or Tenant, and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the cost removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. However, it is agreed that Required Removables shall not include any usual office improvements, such as without limitation, gypsum board, partitions, ceiling grids and tiles, fluorescent lighting panels, Building standard doors and non-glued down carpeting. Following Landlord’s receipt of final, approved plans for the Landlord Work (as defined in Exhibit C attached to this Lease) which plans are sufficient to obtain all required permits for the construction of all of the Landlord Work, Tenant may request in writing and Landlord shall respond within 30 days following Landlord’s receipt of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications thereforwritten request, which approval items of the Landlord Work, if any, shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the ImprovementsRequired Removables. Notwithstanding anything to the contrary contained in this Lease, and in addition to the components of designated Required Removables set forth above in this Section 8, Tenant shall have also remove from the right to reconfigure demountable walls Premises (and partitions without Landlord's prior written consent. All such approved Leasehold Improvements the same shall be installed deemed additional components of Required Removables for all purposes under this Lease), all of those items of furniture, fixtures, equipment and personal property set forth in Exhibit I (Additional Required Removables) to this Lease. The designated Required Removables and the Additional Required Removables set forth in Exhibit I shall all be removed by Tenant at Tenant's expense in substantial compliance with before the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good qualityTermination Date. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof and returns of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the Premises to time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all Alteration or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions Alteration is a Required Removable. Within 10 days after receipt of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold ImprovementsTenant’s request, Landlord informed shall advise Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned as to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination which portions of the Lease TermAlteration are Required Removables.

Appears in 1 contract

Samples: Office Lease Agreement (Virgin America Inc.)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter Any improvements to be made to the Premises are herein referred to as the "Leasehold Improvements ". Except for any "Change Cost " (as such term is defined below), Landlord shall construct the Leasehold Improvements at it sole cost and expense (including, without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coveringslimitation, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) preparing preliminary and final plans and specifications. Immediately after the cost of such Leasehold Improvements doneexecution hereof, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), Landlord and not until Landlord shall have first approved the Tenant will cooperate with one another to prepare final plans and specifications therefor, which approval (the "Plans and Specifications ") for the construction and installation of the Leasehold Improvements. The Plans and Specifications shall be deemed given if not denied consistent with the preliminary plans attached hereto as Exhibit "D " (subject to the approval thereof by Landlord and Tenant),and when approved in writing by Landlord and Tenant, shall be attached to this Lease as Exhibit "D-l " and shall become a part hereof. No failure or refusal on the part of Tenant to approve the Plans and Specifications within a reasonable time after the execution hereof shall render this Lease void or voidable nor shall it delay the Commencement Date set forth in Article I(d) hereof. No delay caused by Tenant during the construction or installation of the Leasehold Improvements shall delay the Commencement Date of this Lease from what it would have been had such delay not occurred. Landlord shall not be entitled to claim a delay by Tenant if Landlord was aware of such delay and did not provide Tenant written notice of such delay within ten (10) working days after following the date Landlord shall have received became aware thereof. All changes in the Leasehold Improvements from that contemplated by the Plans and Specifications, whether or not such change gives rise to a "Change Cost " (as hereinafter defined) must be evidenced by a written Change Order (so called herein) executed by both Landlord and Tenant's request for such approval. In no event shall Tenant make that regard, with respect to any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this LeaseChange Order requested by Tenant, Tenant shall have submit to Landlord such information as Landlord may reasonably request. After receipt of the right requested Change Order, together with such information as Landlord may request with respect thereto, Landlord shall return to reconfigure demountable walls and partitions without Tenant either the executed Change Order, which will evidence Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtainedapproval thereof, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans suggested modifications thereto. If any Change Order requested by Tenant is not ultimately effected, Tenant will reimburse Landlord for the Buildingall out-of-pocket expenses incurred, including any "as-built" plans for the Buildingbut not limited to, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof architectural and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Termengineering fees.

Appears in 1 contract

Samples: Industrial Lease Agreement (Mohawk Industries Inc)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements Any trade fixtures, unattached and movable equipment or otherwise alter furniture, or other personal property brought into the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements by Tenant (including wall and floor coverings, ceilings, lighting fixtures or other utility installations“Tenant’s Property”) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received owned and insured by Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) remove all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns ’s Property from the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions terms of paragraph 15.2 if Article XXXV hereof. Any and all alterations, additions and improvements to the Premises, including any built-in furniture (icollectively “Leasehold Improvements”) such Leasehold Improvements were installed shall be owned and insured by Landlord and shall remain upon the Premises, all without the compensation, allowance or credit to Tenant. Landlord may, nonetheless, at any time prior written consent of Landlordto, or within six (ii6) at the time Tenant requested Landlord's consent to such Leasehold Improvementsmonths after, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of this Lease or Tenant’s right to possession, require Tenant to remove any Leasehold Improvements performed by or for the benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (the “Required Removables”) at Tenant’s sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables within ten (10) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease Termor Tenant’s right to possession. In addition to Tenant’s obligation to remove the Required Removables, Tenant shall repair any damage caused by such removal and perform such other work as is reasonably necessary to restore the Premises. If Tenant fails to remove any specified Required Removables or to perform any required repairs and restoration within the time period specified above, Landlord, at Tenant’s sole cost and expense, may remove, store, sell and/or dispose of the Required Removables and perform such required repairs and restoration work. Tenant, within five (5) days after demand from Landlord, shall reimburse Landlord for any and all reasonable costs incurred by Landlord in connection with the Required Removables.

Appears in 1 contract

Samples: Office Lease Agreement (Correctional Services Corp)

Leasehold Improvements. (a) No alteration, addition, improvement, or refinishing of or to the Leased Premises may be made by Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter without the Premises prior written consent of Landlord and without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the Tenant's plans and specifications therefor, which consent and approval shall may not be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approvalunreasonably withheld or delayed. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed Any permanent improvement made by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain becomes the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to Landlord upon the installation of such Leasehold Improvementspermanent improvement. At Any other alteration, addition or improvement made by Tenant and any building fixture installed by Tenant which constitutes a fixture (including wall-to-wall carpeting, light and plumbing fixtures, wall paneling and air-conditioning equipment) becomes the property of Landlord upon the expiration or sooner termination of this Lease. At the Lease Termtermination of this Lease, Tenant is to surrender the Leased Premises as provided in Article XIII. Tenant is to pay or cause to be paid all Leasehold Improvements that costs for work done by it or caused to be done by it on the Leased Premises. Tenant does not elect agrees to remove shall be surrendered indemnify and hold Landlord free and harmless against liability, loss, damage, costs, reasonable attorneys' fees and all other expenses on account of claims or liens of laborers or materialmen or others for work performed or materials or supplies furnished for Tenant or persons claiming under Tenant. This indemnity survives the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Tenant may make minor improvements to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed Leased Premises without the prior written consent of LandlordLandlord so long as such minor improvements do not (i) affect the structural, mechanical, electrical, security, sprinkler, energy management, or life safety systems of the Building or Leased Premises, (ii) require the issuance of a building permit, or (iiiii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Termexceed $5,000.00.

Appears in 1 contract

Samples: Lease Agreement (D & K Healthcare Resources Inc)

Leasehold Improvements. Landlord and Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter hereby agree that (i) Tenant accepts the Leased Premises without Landlordin its "AS IS", "WHERE-IS" and "WITH ALL FAULTS" condition broom-cleaned and with all of the prior tenant's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coveringspersonal property removed therefrom, ceilings, lighting fixtures or other utility installations) and (aii) Landlord is not providing any plans, specifications, or improvements to the cost Leased Premises, except as provided in Paragraph 11., however, Landlord has agreed, as set forth in this Paragraph 5., to provide Tenant with a cash allowance (the "Tenant Improvement Allowance") of such construction or alteration exceeds Fifty Thousand an amount equal to Twenty Seven and 00/100 Dollars ($50,00027.00) per work square foot of improvement or RSF initially contained within the Leased Premises solely for the purposes and subject to the provisions hereinafter set forth. Tenant shall use the Tenant Improvement Allowance to pay for the costs of construction of certain improvements, including public restroom upgrades, space planning and completion of construction documents, move consultant fees, technology consultant fees, project management fees, moving expenses, architecture and engineering fees (bhereinafter referred to as the "Work") in the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000)Leased Premises in accordance with this paragraph 5 and the Work Letter attached hereto as Exhibit "F". The Tenant Improvement Allowance shall be paid from time to time by Landlord as provided in Exhibit "F" hereto, and not until Landlord shall have first approved in the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days event of any unpaid balance remaining after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this LeaseWork has been fully paid, Tenant shall have the right to reconfigure demountable walls credit up to Two and partitions without Landlord's prior written consent. All 00/100 Dollars ($2.00) per rentable square foot of the Leased Premises of the unused portion of such approved Leasehold Improvements allowance towards the next installment(s) of rent provided however, Tenant shall so use the Tenant Improvement Allowance or make such credit toward rent no later than the 1stanniversary date of the Commencement Date, and any balances thereafter remaining shall be installed by forfeited after such date and Tenant at Tenant's expense in substantial compliance shall have no further rights with the approved plans and specifications thereforrespect thereto. All construction undertaken by During any period that Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until permitted or required to enter the Leased Premises prior to the Commencement Date (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlordplan or perform Tenant's initial work), Tenant shall have obtained contingent liability comply with all terms and broad form builders risk provisions of this Lease including, without limitation, the insurance in an amount reasonably satisfactory provisions hereof and lien-free completion provisions hereof, except those provisions requiring the payment of Base Rental and Additional Rental. If Landlord performs construction management services, Tenant shall pay to Landlord if there are any perils relating a two percent (2%) construction management fee, not to exceed Fifty-Four Cents (54/100) per rentable square foot of the proposed construction not covered by insurance carried pursuant to Article 9Leased Premises. Landlord shall cause perform construction management services with diligence, speed and continuity. If Tenant performs construction management services, Landlord shall charge Tenant a one percent (1%) review and supervision fee to be made available review plans and supervise construction, not to Tenant all information maintained by Landlord or Landlord's architect which relates to exceed Twenty-Seven Cents (27/100) per rentable square foot of the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease TermLeased Premises. Tenant may designate architects, general contractors, engineers and other consultants to perform the Work, subject to Landlord approval, which approval shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof not be unreasonably withheld, conditioned or delayed. The construction management fee or review and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove supervision fee shall be surrendered to Landlord as a part of deducted from the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease TermImprovement Allowance.

Appears in 1 contract

Samples: Lease Agreement (Copano Energy, L.L.C.)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter the Leased Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration thereof exceeds Fifty One Thousand Dollars ($50,0001,000.00) per or such work affects the structural parts or exterior of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000)Building, and not until Landlord shall have first approved the plans and specifications therefor, which approval approvals shall not be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consentunreasonably withheld. All such approved Leasehold Improvements shall be installed (i) by Tenant at Tenant's expense using a licensed contractor first approved by Landlord, and (ii) in substantial compliance with the approved plans and specifications therefor. All construction undertaken done by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtainedobtained and copies thereof delivered to Landlord, (ii) all requirements regarding insurance imposed by this Lease have been satisfiedsatisfied and certificates thereof have been delivered to Landlord, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders builder's risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant Term but shall have not be altered, or removed from the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold ImprovementsLeased Premises. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for from all or any portion of the value or cost thereof; provided, however, that if Landlord requires Tenant shall to remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) Paragraph 15.1, then Tenant shall so remove such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier sooner termination of the Lease Term.

Appears in 1 contract

Samples: Healthetech Inc

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter the Premises without Landlord's prior approval if such action results All improvements in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the BuildingPremises, including any Alterations (collectively, "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements LEASEHOLD IMPROVEMENTS") shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns upon the Premises to at the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination end of the Lease Term, all Leasehold Improvements that Tenant does not elect Term without compensation to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereofTenant; provided, however, that trade fixtures of Tenant which are affixed to the Premises may be removed by Tenant on or before the end of the Term, so long as Tenant, at Tenant's sole cost, repairs any damage caused by the removal of such trade fixtures to Landlord's reasonable satisfaction. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable (defined in Section 9.01) installed by or for the benefit of Tenant, and (b) any Landlord Work or Alterations that, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "REQUIRED REMOVABLES"). However, it is agreed that Required Removables shall not include any usual office improvements such as gypsum board, partitions, ceiling grids and tiles, fluorescent lighting panels, Building standard doors and non-glued down carpeting. Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, the ATM (defined in EXHIBIT F), rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall remove repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant's expense. Provided that Tenant, in Tenant's request for approval of any Leasehold Improvements so designated for removal by Improvements, expressly requests that Landlord designate whether any of the proposed Leasehold Improvement will constitute Required Removables, Landlord will advise Tenant in accordance with writing as to which portions, if any, of the provisions of paragraph 15.2 if (i) such subject Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested are Required Removables concurrently with Landlord's consent to approval of proposed plans and specifications describing any such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Office Lease Agreement (Umpqua Holdings Corp)

Leasehold Improvements. Tenant All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall not construct any Leasehold ---------------------- Improvements or otherwise alter remain upon the Premises at the end of the Term without compensation to Tenant. Landlord's , however, except as specifically set forth below, by written notice to Tenant at least 30 days prior approval if such action results to the Termination Date, may require Tenant, at its expense, to remove any Alterations made after the Commencement Date that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal or alteration of any material portion of existing Improvements and repair costs associated with standard office improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000collectively referred to as “Required Removables”), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be obligated to remove any improvements existing in the Premises on the Commencement Date. Upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant’s possession of the Premises during such 5 day period shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term, provided that if Tenant remains in possession of the Premises after the expiration of such 5 day period, such occupancy shall be subject to the terms of Section 22 below. Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, within 30 days after receipt of an invoice shall reimburse Landlord for the reasonable costs incurred by Landlord in connection with such repair and removal. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration will be considered a Required Removables, provided that within the last 60 days of the Term, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance confirm with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements still requires the Required Removables to be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Termby Tenant.

Appears in 1 contract

Samples: Office Lease Agreement (GoodRx Holdings, Inc.)

Leasehold Improvements. Tenant All improvements to the Premises (collectively, "Leasehold Improvements") shall not construct any Leasehold ---------------------- Improvements or otherwise alter be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the Termination Date, may require Tenant to remove, at Tenant's prior approval if such action results expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures Premises or other utility installations) portions of the Building; and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 Business Days after the Termination Date for the sole purpose of removing the Required Removables. In addition to the foregoing, Tenant acknowledges that Landlord has previously realloted condenser water among various floors of the Building to accommodate Tenant's needs pursuant to the terms of a prior lease entered into between Landlord and Tenant dated March 3, 2000, as amended (the "Prior Lease") for space on the 2nd through 8th floors of the Building (the "Prior Premises"). Tenant agrees that Tenant will be charged on a pro rata basis (as such rate is reasonably determined by Landlord). Tenant further acknowledges and agrees that in the event of (i) all required governmental approvals and permits shall have been obtainedthe termination of this Lease, (ii) a reduction or partial termination of all requirements regarding insurance imposed by this Lease have been satisfiedor a part of the Premises, or (iii) Tenant shall have given Landlord at least five (5) days prior written notice a sublease of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone all or a part of the commencement Premises, Landlord may require Tenant, at Tenant's sole cost and expense, to reallocate the condenser water so that each floor of construction on the day it commencesPrior Premises receives its proper pro rata share of chilled water. Any such work required by Landlord shall also be deemed to be a Required Removable for purposes of this Lease (even if such work related to the Prior Premises, and (vnot just the Premises) if reasonably requested and, in the case of a reduction or partial termination of all or a part of the Premises, or of a sublease, such required work shall be performed by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating prior to the proposed construction not covered by insurance carried pursuant effective date of such reduction, partial termination or sublease. Tenant's possession of the Premises shall be subject to Article 9. Landlord shall cause all of the terms and conditions of this Lease, including the obligation to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to pay Rent on a per diem basis at the plans rate in effect for the Building, including any "as-built" plans for last month of the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant's expense, may remove and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination dispose of the Lease TermRequired Removables and perform the required repairs. Tenant, all Leasehold Improvements within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined in Section IX.C), may request in writing that Landlord advise Tenant does not elect to remove shall be surrendered to Landlord as a part of whether the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all Alteration or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so Alteration will be designated for removal by Landlord in accordance with the provisions as a Required Removable. Within 10 Business Days after receipt of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested LandlordTenant's consent to such Leasehold Improvementsrequest, Landlord informed shall advise Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned as to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination which portions of the Lease TermAlteration, if any, will be considered to be Required Removables.

Appears in 1 contract

Samples: Office Lease Agreement (Tenfold Corp /Ut)

Leasehold Improvements. All improvements in and to the Premises, including any Alterations (defined in Section 9.03) (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, shall remove any Cable (defined in Section 9.01 below) that Landlord requires be removed pursuant to written notice delivered to Tenant at least 120 days prior to the expiration of the Lease, with such removal to be in compliance with the National Electric Code or other applicable Law. Any Cable which Tenant is not required to remove and which is to remain behind shall be handled in a manner so as not to cause such Cable to be deemed “abandoned” or otherwise in a condition requiring removal under applicable Law. In addition, Landlord, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at Tenant’s cost, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (the Cable and such other items collectively are referred to as “Required Removables”), except to the extent that Landlord has notified Tenant that any such Alteration is not a Required Removable in accordance with the last sentence of this paragraph. Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The Required Removables shall be removed by Tenant before the Termination Date. Tenant shall not construct repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations under this Section 8 in a timely manner, Landlord may perform such work at Tenant’s cost. Tenant, at the time it requests approval for a proposed Alteration, including any Leasehold ---------------------- Improvements or otherwise alter the Premises without Landlord's prior approval if Initial Alterations, as such action results term may be defined in the removal Work Letter attached as Exhibit C, may request in writing that Landlord advise Tenant whether the Alteration, including any Initial Alterations, or alteration any portion thereof, is a Required Removable. Within 10 days after receipt of any material portion Tenant’s request, Landlord shall advise Tenant in writing as to which portions of existing Improvements (including wall the Alterations are Required Removables. Tenant may, at its sole cost and floor coveringsexpense, ceilingsinstall a security system within the Premises, lighting fixtures or other utility installations) and subject to: (a) the cost terms and conditions of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or this paragraph, (b) compliance with the cost terms and conditions of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000)Section 9 of, and not until Landlord shall have first approved Exhibit C to, this Lease; (c) Landlord's approval of the plans and specifications thereforfor the same, which approval shall not be deemed given if not denied unreasonably withheld, conditioned or delayed; and (d) the requirement that Landlord at all times have access to all portions of the Premises and keys or passcodes to the same, except as specifically provided in writing within ten the second paragraph of Section 10 of this Lease (10) working days after Landlord shall have received "Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the ImprovementsSecurity System"). Notwithstanding anything to the contrary contained in this Leaseherein, if Tenant's Security System ties into the Building security system, Tenant shall, at its sole cost and expense, coordinate the installation and operation of Tenant's Security System with Landlord to assure that Tenant's Security System is compatible with the Building security system and the systems and equipment of the Building and to the extent that Tenant's Security System is not compatible with the Building security system or the systems and equipment of the Building, Tenant shall have not be entitled to install or operate it. Subject to the right terms of this Section 8, Tenant's Security System may include a biometric locking security system (with upgrades from time to reconfigure demountable walls time) on all entry doors to the Premises (including an intercom and partitions without camera installed at the main entrance to the Premises provided the same is, in Landlord's prior written consentsole but good faith discretion, aesthetically consistent with the Building), provided that such system does not prevent Landlord, at any time, from having access to the entire Premises that is as effective as use of Landlord's master key to the Building (subject to the second paragraph of Section 10 of this Lease). All such approved Leasehold Improvements Tenant shall be installed by Tenant solely responsible, at Tenant's expense in substantial compliance with sole cost and expense, for the approved plans monitoring, operation and specifications thereforremoval of Tenant's Security System, subject to Section 25 of this Lease. All construction undertaken by Tenant shall be done in accordance with all Laws Promptly upon installation and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention from time to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlordtime thereafter, Tenant shall have obtained contingent liability provide and broad form builders risk insurance update Landlord with any information reasonably required regarding Tenant's Security System that will allow Landlord, its agents and emergency personnel such access to the Premises as is necessary in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9emergency. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at Upon the expiration or earlier termination of the Lease TermTerm (unless Landlord elects otherwise in writing), Tenant shall remove Tenant's Security System and repair all damage to the Building resulting from such removal, at Tenant's sole cost and expense.

Appears in 1 contract

Samples: Office Lease Agreement (CrowdStrike Holdings, Inc.)

Leasehold Improvements. Tenant All improvements to the Premises (collectively, “Leasehold Improvements”) shall not construct any Leasehold ---------------------- Improvements or otherwise alter be owned by Landlord and shall remain upon the Premises without compensation to Tenant. Notwithstanding the foregoing, all Tenant’s Property (as defined in Article 15) shall remain the property of Tenant and shall not remain upon the Premises. It is understood and agreed that any Tenant’s Property which is minimally attached to the walls or floor of the Premises may be removed by Tenant, provided Tenant repairs any damage caused by such removal. However, Landlord's , by written notice to Tenant not later than 30 days prior approval if such action results to the Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined in Section 9.A) installed by or for the exclusive benefit of Tenant and located in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures Premises or other utility installations) portions of the Building; and (a2) other than Tenant’s initial Leasehold Improvements, any Leasehold Improvements that are performed by or for the cost benefit of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work Tenant and, in Landlord’s reasonable judgment, are of improvement or (b) a nature that would require removal and repair costs that are materially in excess of the cost of removal and repair costs associated with standard office improvements and which Landlord notified Tenant in writing that it would require removal at the time Landlord approved such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000collectively referred to as “Required Removables”), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long existing as of the date of this Lease. Without limitation, it repairs is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant’s possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or removal thereof of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant’s expense, may remove and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination dispose of the Lease TermRequired Removables and perform the required repairs. Tenant, all Leasehold Improvements that Tenant does not elect to remove within 30 days after receipt of an invoice, shall be surrendered to reimburse Landlord as a part of for the realty and shall then become reasonable costs incurred by Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal . Any Required Removable identified by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements requests approval for a proposed Alteration must be removed and by Tenant whether or not Landlord provides the Premises returned written notice (to the condition existing be sent not later than 30 days prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease TermTermination Date) to Tenant as set forth above.

Appears in 1 contract

Samples: Office Lease Agreement (Thimble Point Acquisition Corp.)

Leasehold Improvements. All improvements to the Premises, including, without limitation, Alterations, are collectively referred to herein as “Leasehold Improvements.” Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter remove, at Tenant’s expense, the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements following (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and collectively referred to as “Required Removables”): (a) Cable installed by or for the cost exclusive benefit of such construction Tenant and located in the Premises or alteration exceeds Fifty Thousand Dollars ($50,000) per work other portions of improvement or the Building; and (b) the cost of such Leasehold Improvements done, under construction, any or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that are performed by or for the benefit of Tenant. Notwithstanding the foregoing, Landlord may allow Tenant does to leave Leasehold Improvements that are, in Landlord’s reasonable judgment, typical office improvements that do not elect to remove materially increase the removal, repair and/or installation costs of future tenant improvements, all of the foregoing of which shall be surrendered to owned by Landlord as a part of the realty and shall then become Landlord's propertyremain at the Premises without compensation to Tenant. Furthermore, and Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord shall have no obligation to reimburse advise Tenant for all whether the Alteration or any portion of the value Alteration will be designated as a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration, if any, will be considered to be Required Removables. By way of illustration and not of limitation, the following items will typically be included as Required Removables: internal stairways, raised floors, rolling file systems, equipment and property permanently affixed to the Premises or cost thereof; providedthe Building systems, howeverbuilding and roof penetrations and structural alterations and modification of any type. If Landlord elects to retain any of the Leasehold Improvements, Tenant covenants that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent will be surrendered in good condition, free and clear of Landlord, or all liens and encumbrances and (ii) if Cable is to be surrendered, it shall be left in safe condition, properly labeled at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant each end and in writing that Landlord would require that such Leasehold Improvements be removed each telecommunications and/or electrical closet and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Termjunction box.

Appears in 1 contract

Samples: Lease Agreement (Higher One Holdings, Inc.)

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Leasehold Improvements. Tenant All improvements to the Premises other than Tenant's personal property and trade fixtures (collectively, "Leasehold Improvements") shall not construct any Leasehold ---------------------- Improvements or otherwise alter be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the Termination Date, may require Tenant to remove, at Tenant's prior approval if such action results expense: (1) Cable (defined in Section 9.1) installed by or for the exclusive benefit of Tenant and located in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures Premises or other utility installations) portions of the Premises or the Property; and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements ($200,000collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and not until showers, vaults, rolling file systems and structural alterations and modifications of any type. The Required Removables designated by Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed removed by Tenant at Tenant's expense in substantial compliance with before the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good qualityTermination Date. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant's expense, may remove and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination dispose of the Lease TermRequired Removables and perform the required repairs. Tenant, all Leasehold Improvements within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined in Section 9.3), may request in writing that Landlord advise Tenant does not elect to remove shall be surrendered to Landlord as a part of whether the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all Alteration or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so Alteration will be designated for removal by Landlord in accordance with the provisions as a Required Removable. Within 10 days after receipt of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested LandlordTenant's consent to such Leasehold Improvementsrequest, Landlord informed shall advise Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned as to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination which portions of the Lease TermAlteration, if any, will be considered to be Required Removables, and if Landlord does not respond within such 10 day period, such Alterations will not be considered Required Removables (and, in such event, Landlord shall not have the right under the second sentence of this Section 8 to later require Tenant to remove such Alterations).

Appears in 1 contract

Samples: Office Lease Agreement (Zymogenetics Inc)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements Any trade fixtures, unattached and movable equipment or otherwise alter furniture, or other personalty brought into the Premises without Landlordby Tenant ("Tenant's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installationsProperty") and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received owned and Insured by Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) remove all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns Property from the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions terms of paragraph 15.2 if Article XXIV hereof. Any and all alterations, additions and improvements to the Premises, including any built-in furniture (icollectively, "Leasehold Improvements") such Leasehold Improvements were installed shall be owned and insured by Landlord and shall remain upon the Premises, all without the compensation, allowance or credit to Tenant. Landlord may, nonetheless. at any time prior written consent of Landlordto, or within three (ii3) at the time Tenant requested Landlord's consent to such Leasehold Improvementsmonths after, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of this Lease or Tenant's right to possession, require Tenant to remove any Leasehold Improvements performed by or for the benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (the "Required Removable") at Tenant's sole cost. Notwithstanding the foregoing, upon Tenant's written request, Landlord will inspect the Premises with Tenant prior to the expiration of the Lease TermTerm and, if Tenant so requests, in lieu of the three (3) month period set forth above, Landlord will designate the Required Removables within fifteen (15) days of said inspection. Landlord shall not require Tenant to remove the initial work to the Premises. In the event that Landlord so elects, Tenant shall remove such Required Removables within ten (10) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by such removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition. If Tenant fails to remove any specified Required Removables or to perform any required repairs and restoration within the time period specified above, Landlord, at Tenant's sole cost and expense, may remove, store, sell and/or dispose of the Required Removables and perform such required repairs and restoration work. Tenant, within five (5) days after demand from Landlord, shall reimburse Landlord for any and all reasonable costs incurred by Landlord in connection with the Required Removables. Notwithstanding the foregoing, Tenant may request in writing at the time it submits its plans and specifications for an alteration, addition or improvement, that Landlord advise Tenant whether Landlord will require Tenant to remove, at the termination of this Lease or Tenant's right to possession hereunder, such alteration, addition or improvement, or any particular portion thereof and Landlord shall advise Tenant within fifteen (15) days after receipt of Tenant's request as to whether Landlord will require removal; provided. however, Landlord shall have the right to require Tenant to remove any vault, stairway, raised floor or structural alterations installed in the Premises, regardless of whether Landlord timely notified Tenant that it would require such removal.

Appears in 1 contract

Samples: Office Lease Agreement (Information Management Associates Inc)

Leasehold Improvements. Tenant Prior to the Commencement Date, Landlord, at its expense, shall not construct any Leasehold ---------------------- Improvements or otherwise alter cause those leasehold improvements shown on the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coveringsplan attached hereto as Exhibit A, ceilingsprepared by a.i. design, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements doneltd. dated February 28, under construction1997, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall to be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations made to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using and in accordance with applicable building codes. Such improvements shall include installation by Landlord, at Landlord's expense, of water supply and waste loop plumbing with hose connection and pressure reducing valves for the four (4) laser laboratories to be located in the Premises, such water supply and waste loops to be similar to those which Tenant represents are now located in the laboratories at Xxxxx University. Landlord will assist Tenant in acquiring a chiller, pumps and related equipment and parts, all of which materials of good qualityshall be subject to approval by Tenant. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given reimburse Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone for the cost of the commencement chiller, pumps and related equipment and parts upon submission of construction on the day it commences, and (v) if reasonably requested invoices by Landlord. Upon payment by Tenant, Tenant the chiller, pumps and related equipment and parts shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause be deemed to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant, shall be deemed to be improvements made by Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to and shall be removed by Tenant at its expense at the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination end of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord Term in accordance with the provisions of paragraph 15.2 if Section 9.2 hereof. All aspects of the chillers, pumps and related parts and equipment (iincluding, but not limited to the capacity and sufficiency of such chillers, pumps and related parts and equipment) such Leasehold Improvements were installed without shall be the prior written consent sole responsibility of Tenant and Landlord shall have no responsibility thereof. Landlord, at its expense, will cause its mechanical contractor to remove two (2) ventilation hoods and exhaust fans from Tenant's present facility in Warwick, Rhode Island. Landlord shall not be responsible for any damage which may occur to the hoods and/or exhaust fans during such removal or (ii) for any repairs or restoration to be made to the Warwick facility as the result of such removal. Landlord, at its expense, will reinstall the hoods and exhaust fans in the Premises as shown in Exhibit A. The hoods and exhaust fans will remain the property of Tenant at all times and will be removed by Tenant at the time end of the Term, but Tenant requested Landlord's consent shall not be responsible for repairs to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and or restoration of the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination as a result of the Lease Termsuch removal.

Appears in 1 contract

Samples: Lease (Spectra Systems Corp)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter Any improvements to be made to the Premises are herein referred to as the "Leasehold Improvements". Except for any "Change Cost" (as such term is defined below). Landlord shall construct the Leasehold Improvements at it sole cost and expense (including, without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coveringslimitation, ceilings, lighting fixtures or other utility installations) and (a) the cost of such preparing preliminary and final plans and specifications. Immediately after the execution hereof Landlord and Tenant will cooperate with one another to prepare final plans and specifications (the "Plans and Specifications") for the construction or alteration exceeds Fifty Thousand Dollars and installation of the Leasehold Improvements. The Plans and Specifications shall be consistent with the preliminary plans attached hereto as Exhibit "D" ($50,000) per work of improvement or (b) subject to the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000thereof by Landlord and Tenant), and when approved in writing by Landlord and Tenant, shall be attached to this Lease as Exhibit "D-l" and shall become a part hereof. No failure or refusal on the part of Tenant to approve the Plans and Specifications within a reasonable time after the execution hereof shall render this Lease void or voidable nor shall it delay the Commencement Date set forth in Article I(d) hereof. No delay caused by Tenant during the construction or installation of the Leasehold Improvements shall delay the Commencement Date of this Lease from what it would have been had such delay not until occurred. Landlord shall have first approved the plans not be entitled to claim a delay by Tenant if Landlord was aware of such delay and specifications therefor, which approval shall be deemed given if did not denied in writing provide Tenant written notice of such delay within ten (10) working days after following the date Landlord shall have received became aware thereof. All changes in the Leasehold Improvements from that contemplated by the Plans and Specifications, whether or not such change gives rise to a "Change Cost" (as hereinafter defined) must be evidenced by a written Change Order (so called herein) executed by both Landlord and Tenant In that regard, with respect to any Change Order requested by Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have submit to Landlord such information as Landlord may reasonably request After receipt of the right requested Change Order, together with such information as Landlord may request with respect thereto, Landlord shall return to reconfigure demountable walls and partitions without Tenant either the executed Change Order, which will evidence Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtainedapproval thereof, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans suggested modifications thereto. If any Change Order requested by Tenant is not ultimately effected. Tenant will reimburse Landlord for the Buildingall out-of-pocket expenses incurred, including any "as-built" plans for the Buildingbut not limited to, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof architectural and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Termengineering fees.

Appears in 1 contract

Samples: Industrial Lease Agreement (Mohawk Industries Inc)

Leasehold Improvements. Any trade fixtures, unattached and movable equipment or furniture, or other personalty brought into the Premises by Tenant ("Tenant's Property") shall be owned and insured by Tenant. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter remove all such Tenant's Property from the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with the terms of Article 37 hereof. Any and all Laws alterations, additions and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating improvements to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the BuildingPremises, including any built-in furniture (collectively, "as-built" plans for Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the BuildingPremises, roof and/or Outside Areasall without compensation, allowance or credit to Tenant. Landlord may, nonetheless, if Landlord so that notifies Tenant can incorporate such information into at the time of initial consent to Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of plans, require Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements performed by or for the benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Termelects, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing Required Removables prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the Lease TermRequired Removables, Tenant shall repair any damage caused by such removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition. If Tenant fails to remove any specified Required Removables or to perform any required repairs and restoration within the time period specified above, Landlord, at Tenant's sole cost and expense, may remove, store, sell and/or dispose of the Required Removables and perform such required repairs and restoration work. Tenant, within five (5) days after demand from Landlord, shall reimburse Landlord for any and all reasonable costs incurred by Landlord in connection with the Required Removables.

Appears in 1 contract

Samples: Office Lease Agreement (Onyx Software Corp/Wa)

Leasehold Improvements. Tenant All improvements in and to the Premises, including any Alterations (defined in Section 9.03) (collectively, “Leasehold Improvements”) shall not construct any Leasehold ---------------------- Improvements or otherwise alter remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, shall remove any Cable (defined in Section 9.01 below). In addition, Landlord's , by written notice to Tenant at least 30 days prior approval if such action results to the Termination Date, may require Tenant, at Tenant’s expense, to remove any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal or alteration of any material portion of existing Improvements and repair costs associated with standard office improvements (including wall the Cable and floor coveringssuch other items collectively are referred to as “Required Removables”). Required Removables shall include, ceilingswithout limitation, lighting fixtures or other utility installations) internal stairways, raised floors, personal baths and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements doneshowers, under constructionvaults, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), rolling file systems and not until Landlord shall have first approved the plans structural alterations and specifications therefor, which approval modifications. The Required Removables shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed removed by Tenant at Tenant's expense in substantial compliance with before the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good qualityTermination Date. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof and returns the Premises of Required Removables. If Tenant fails to the condition existing prior to the installation of perform its obligations in a timely manner, Landlord may perform such Leasehold Improvementswork at Tenant’s expense. At the expiration or sooner termination of the Lease TermTenant, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to it requests approval for a proposed Alteration, including any Initial Alterations or Landlord Work, as such Leasehold Improvementsterms may be defined in the Work Letter attached as Exhibit C, Landlord informed Tenant may request in writing that Landlord would require advise Tenant whether the Alteration, including any initial Alterations or Landlord Work, or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the alteration or other improvements are Required Removables. Landlord hereby agrees that such none of the Leasehold Improvements be removed and existing in the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination as of the date of this Lease Termshall constitute Required Removables.

Appears in 1 contract

Samples: Office Lease Agreement (Mobile Storage Group Inc)

Leasehold Improvements. Any trade fixtures, equipment, personal property, furnishings, art and furniture, or other personalty brought into the Premises by Tenant ("Tenant's Property") which can be removed without material damage to the Building shall be owned and insured by Tenant. Tenant shall remove all such Tenant's Property from the Premises in accordance with the terms of Article XXXV hereof. Any and all alterations, additions and improvements to the Premises, including the Initial Alterations (as defined in Exhibit C), including any built-in furniture other than Tenant's Property (collectively, "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant. Except as provided below, Landlord may, nonetheless, at any time within six (6) months after the expiration or earlier termination of this Lease or Tenant's right to possession, require Tenant to remove any Leasehold Improvements performed by or for the benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shalt remove such Required Removables within ten (10) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease or Tenant's right to possession of the Premises. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any material damage caused by such removal. If Tenant fails to remove any specified Required Removables or to perform any required repairs and restoration within the time period specified above, Landlord, at Tenant's sole cost and expense, may remove, store, sell and/or dispose of the Required Removables and perform such required repairs and restoration work. Tenant, within ten (10) days after demand from Landlord, shall reimburse Landlord for any and all reasonable costs incurred by Landlord in connection with the Required Removables. Notwithstanding any provisions to the contrary, the Tenant shall not construct be obligated to remove any Leasehold ---------------------- Improvements or otherwise alter of its Initial Alterations unless Landlord, within ten (10) days after the Premises without Landlorddate on which it approves Tenant's prior approval if final plans for the Initial Alterations, notifies Tenant in writing that such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under constructionInitial Alterations, or for which approval is sought during applicable portion thereof, must be removed at the end of the Lease Term. In addition, with respect to any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000)alterations, and not until Landlord shall have first approved additions or improvements performed by or on behalf of Tenant subsequent to the Initial Alterations, Tenant may request in writing at the time it submits its plans and specifications thereforfor such alteration, which approval addition or improvement, that Landlord advise Tenant whether Landlord will require Tenant to remove, at tr~e termination of this Lease or Tenant's right to possession hereunder, SUCh alteration, addition or improvement, or any particular portion thereof and Landlord shall be deemed given if not denied advise Tenant in writing within ten (10) working days after Landlord shall have received receipt of Tenant's request for such approval. In no event shall Tenant make any alterations as to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given whether Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereofwill require removal; provided, however, that Landlord shall not require Tenant shall to remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) usual office improvements such Leasehold Improvements were installed without the prior written consent of Landlordas gypsum board, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvementspartitions, Landlord informed Tenant in writing ceiling grids and tiles, fluorescent lighting panels, building standard doors and carpeting that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Term.is not glued down 15

Appears in 1 contract

Samples: Office Lease Agreement (Trenwick Group Inc)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter Any improvements to be made to the Premises without other than the Landlord's prior Work as described in Section 3.1 above are herein referred to as the "Leasehold Improvements". Immediately after the execution hereof, Landlord and Tenant will cooperate with one another to prepare final plans and specifications for the construction and installation of the Leasehold Improvements. Such final plans and specifications, when approved in writing by Landlord and Tenant, shall be attached to this Lease as Exhibit "C-1" and shall become a part hereof. No failure or refusal on the part of Tenant to approve final plans and specifications within a reasonable time after the execution hereof shall render this Lease void or voidable nor shall it delay the Commencement Date set forth in Article I(d) hereof. No delay caused by Tenant during the construction or installation of the Leasehold Improvements shall delay the Commencement Date of this Lease from what it would have been had such delay not occurred. Landlord and Tenant acknowledge that Landlord has computed the Basic Rental by budgeting an allowance of $600,000.00 (the "Allowance") for the Leasehold Improvements to be constructed within the Premises. Landlord and Tenant acknowledge that the Allowance is not a firm budget nor final estimate of costs. Upon mutual approval if such action results in of the removal or alteration of any material portion of existing Improvements (including wall final plans and floor coveringsspecifications, ceilings, lighting fixtures or other utility installations) and (a) Landlord agrees to obtain competitive bids for the cost of such construction or alteration exceeds Fifty Thousand Dollars the Leasehold Improvements from no fewer than three ($50,0003) per work of improvement or (b) the contractors listed on Schedule I attached hereto and made a part hereof. Landlord will provide to Tenant copies of any bids received by Landlord. It is understood, however, that Landlord need not necessarily select the contractor providing the lowest bid; however, unless Landlord provides Tenant a reasonable basis for rejecting the lowest bid, Landlord will select the contractor providing the lowest bid. Landlord shall promptly inform Tenant of Landlord's selection of the contractor and the final cost of such the Leasehold Improvements. Should the total cost of the Leasehold Improvements doneexceed the Allowance, under constructionthe Tenant shall pay such excess, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000)in cash, and not until to Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after following the date Landlord shall have received informs Tenant of such excess, and Landlord will not be required to commence construction of the Leasehold Improvements until Tenant pays such Initial: ________ excess to Landlord. Any delay in Landlord's commencement of construction resulting from Tenant's request for failure to pay such approvalamount to Landlord as required herein shall not delay the Commencement Date of this Lease from what is would have been had such delay not occurred. In no event shall Tenant make any alterations to Should the Premises which could significantly affect the structural integrity or the exterior design total cost of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with less than the approved plans and specifications therefor. All construction undertaken by Allowance, the Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials entitled to receive such amount by crediting the first installment(s) of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating Basic Rental due to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to following the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long Abatement Period (as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord defined in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease TermSection 4.1 hereof).

Appears in 1 contract

Samples: Industrial Lease Agreement (Mohawk Industries Inc)

Leasehold Improvements. A. Tenant shall not construct any Leasehold ---------------------- Improvements leasehold improvements or otherwise alter the leased Premises without Landlord's prior written approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall not be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity unreasonably withheld or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Leasedelayed; provided, however, that Tenant shall have the right to reconfigure demountable walls make interior alterations to the Premises which do not materially affect the structural elements of the Premises and partitions do not exceed Twenty-Five Thousand Dollars ($25,000) in cost, without obtaining Landlord's prior written consentapproval. All such approved Leasehold Improvements leasehold improvements shall be installed by Tenant at Tenant's expense by a licensed contractor in substantial compliance with the approved plans and specifications therefortherefor and in strict accordance with all Laws. All such construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence construction of any Leasehold Improvements leasehold improvements until (i) all required governmental approvals and permits shall have been obtained, ; and (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements leasehold improvements constructed by Tenant shall remain the property of Tenant during the Lease TermTerm and Tenant shall have the right to depreciate the same and claim and collect investment tax credits and all other tax savings with respect thereto. Tenant shall have the right to remove any Leasehold Improvements leasehold improvements installed by Tenant so long as (i) it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of installation; and (ii) such Leasehold Improvementsimprovements are not integrated into building systems such as HVAC or electrical systems. At Landlord may require Tenant to remove at the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so Term leasehold improvements previously designated for removal by Landlord in accordance with and restore the provisions of paragraph 15.2 Premises to the extent necessary to return the Premises to a condition that has substantially the same value as existed on the Commencement Date, ordinary wear and tear excepted, if (ia) such Leasehold Improvements improvements were installed without the prior written consent of approved in writing by Landlord, or ; (iib) at the time Tenant requested such approval was given by Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements leasehold improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Term; and (c) such improvements are of limited special purpose use and are not commonly installed in buildings of the size, quality and type, and in the location of the Premises. Subject to the provisions of phrases (a) and (b) of the preceding sentence, Landlord may require Tenant to remove standard office improvements at the expiration of the Lease Term if more than twenty-five percent (25%) of the gross square footage of the Premises is used for private offices, but in no event shall Tenant be obligated to remove more office improvements than are required to reduce the space within the Premises used for private offices to twenty-five percent (25%) of the gross square footage of the Premises. Within ten (10) business days after demand therefor from Tenant, Landlord shall execute and deliver a lien waiver or other document in form customarily required by any supplier, lessor or lender in connection with the installation in the Premises of Tenant's personal property, equipment or trade fixtures, pursuant to which Landlord shall waive any right it may have or acquire with respect to such property. Such waiver may require Landlord to grant to the party requiring Tenant to obtain such waiver, a license to enter the Premises in order to assemble, inventory or remove the property covered by the lien waiver, provided Tenant is not in default and provided that the entry and removal takes place during the Lease Term and such third party shall repair in a first class manner any and all damage caused by removal of specific property.

Appears in 1 contract

Samples: Lease Agreement (Mission West Properties/New/)

Leasehold Improvements. Tenant All improvements to the Premises (collectively, “Leasehold Improvements”), with the exception of Tenant’s supplemental HVAC system, shall not construct any Leasehold ---------------------- Improvements or otherwise alter be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord's , by written notice to Tenant not later than 30 days prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything Termination Date, may require Tenant to the contrary contained in this Leaseremove, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of ’s expense: any Leasehold Improvements until that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (icollectively referred to as “Required Removables”), with the exception of Tenant’s supplemental HVAC in Tenant’s server room, which may be removed at Tenant’s sole discretion. Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type (except Cable, defined in Section IX.A.). The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, given no later than twenty (20) all required governmental approvals and permits shall have been obtaineddays prior to the Termination Date, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least may remain in the Premises for up to five (5) days prior written notice after the Termination Date for the sole purpose of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone removing the Required Removables. Tenant’s possession of the commencement Premises shall be subject to all of construction the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance rate in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans effect for the Buildinglast month of Bear Hill Business Park, including any "as-built" plans for Waltham, Massachusetts OXIGENE, Inc. 4/16/2009 the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant’s expense, may remove and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination dispose of the Lease TermRequired Removables and perform the required repairs. Tenant, all Leasehold Improvements that within 30 days after receipt of an invoice sent not later than sixty (60) days of Tenant does not elect to remove vacating the Premises, shall be surrendered to reimburse Landlord as a part of for the realty and shall then become reasonable costs incurred by Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Office Lease Agreement (Oxigene Inc)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements Any trade fixtures, unattached and movable equipment or otherwise alter furniture, or other personalty brought into the Premises without Landlordby Tenant ("Tenant's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installationsProperty") and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received owned and insured by Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) remove all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns Property from the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions terms of paragraph 15.2 if Article XXXVI hereof. Any and all alterations, additions and improvements to the Premises, including any built-in furniture (icollectively, "Leasehold Improvements") such Leasehold Improvements were shall be owned by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant. However, in no event shall any switches or racks installed without at the Premises by Tenant be deemed to constitute Landlord's Property and shall be removed by Tenant upon expiration or termination of this Lease. Landlord may, nonetheless, at any time prior written consent of Landlordto, or within six (ii6) at the time Tenant requested Landlord's consent to such Leasehold Improvementsmonths after, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of this Lease or Tenant's right to possession, require Tenant to remove any Leasehold Improvements performed by or for the benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables within ten (10) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease Termor Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by such removal. If Tenant fails to remove any specified Required Removables or to perform any required repairs within the time period specified above, Landlord, at Tenant's sole cost and expense, may remove, store, sell and/or dispose of the Required Removables and perform such required repairs. Tenant, within five (5) days after demand from Landlord, shall reimburse Landlord for any and all reasonable costs incurred by Landlord in connection with the Required Removables or the performance of such repairs. Connecting equipment and telecommunications equipment located within the Premises or at the Building by or on behalf of Tenant shall not be deemed to constitute a fixture and shall be deemed the property of Tenant or its customers or co-locators. Landlord hereby waives its rights, statutory or otherwise, to any lien on such telecommunication equipment and the Connecting Equipment (defined in Article X below). Upon expiration or termination of this Lease, Tenant shall remove all of the Connecting Equipment and telecommunications equipment from the Premises or Building in a good and workmanlike manner. Tenant shall be entitled to obtain the waiver from Landlord in writing of Landlord's right to require removal of any particular equipment at the time of Landlord's consent to the installation of same, and Landlord shall be bound by any such written waiver in the event this Lease shall be terminated or expire other than by reason of an uncured Event of Default.

Appears in 1 contract

Samples: Office Lease Agreement (Universal Access Inc)

Leasehold Improvements. Tenant All improvements in and to the Premises, including any Alterations (defined in Section 9.03) (collectively, “Leasehold Improvements”) shall not construct any Leasehold ---------------------- Improvements or otherwise alter remain upon the Premises without Landlord's prior approval if such action results in at the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design end of the Improvements. Notwithstanding anything Term without compensation to the contrary contained Tenant, provided that Tenant, at its expense, in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans National Electric Code or other applicable Law, shall remove any Cable (defined in Section 9.01 below). In addition, Landlord, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and specifications thereforrepair costs that are materially in excess of the removal and repair costs associated with standard office improvements (the Cable and such other items collectively are referred to as “Required Removables”). All construction undertaken Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The Required Removables shall be removed by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good qualitybefore the Termination Date. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof and returns the Premises of Required Removables. If Tenant fails to the condition existing prior to the installation of perform its obligations in a timely manner, Landlord may perform such Leasehold Improvementswork at Tenant’s expense. At the expiration time Tenant requests approval for a proposed Alteration, including any Initial Alterations or sooner termination Landlord Work, as such terms may be defined in the Work Letter attached as Exhibit C, Landlord shall advise Tenant whether the Alteration, including any Initial Alterations or Landlord Work, or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Lease Termalteration or other improvements are Required Removables. Notwithstanding the foregoing, all Leasehold Improvements that Tenant does shall not elect be required to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; providedLandlord Work shown on the Plans as of the date of this Lease, howeveras such terms are defined in Exhibit C, that and Tenant shall not be required to remove any Leasehold Improvements so designated for removal by Landlord Cable from the Temporary Space (as defined in accordance with the provisions Section III of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease TermExhibit F).

Appears in 1 contract

Samples: Office Lease Agreement (Fastclick Inc)

Leasehold Improvements. Tenant All improvements in and to the Premises, including any Alterations (defined in Section 9.03) but excluding Tenant’s Property (collectively, “Leasehold Improvements”) shall not construct any Leasehold ---------------------- Improvements or otherwise alter remain upon the Premises at the end of the Term without compensation to Tenant (including, but not limited to, any pantry and kitchen appliances installed by or for Tenant), provided that Tenant, at its expense, removes any Required Removables (as hereinafter defined), including any Cable (defined in Section 9.01 below), in compliance with the National Electric Code or other applicable Law. Landlord's , by written notice to Tenant (the “Removal Notice”) delivered prior approval if such action results to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal or alteration of any material portion of existing Improvements and repair costs associated with standard office improvements (including wall the Cable and floor coveringssuch other items collectively are referred to as “Required Removables”). Required Removables shall include, ceilingswithout limitation, lighting fixtures or other utility installations) vending machines, internal stairways, raised floors, personal baths and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements doneshowers, under constructionvaults, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000)rolling file systems and structural alterations and modifications and, and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right obligation to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord Required Removables specifically enumerated in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease Termor within thirty (30) days following the date of the Removal Notice if the date of the Removal Notice is not at lease thirty (30) days prior to the Expiration Date or earlier termination date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration, or any portion thereof, is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables.

Appears in 1 contract

Samples: Office Lease Agreement (Loxo Oncology, Inc.)

Leasehold Improvements. Tenant shall not construct SUBJECT TO ITEM 44. OF THIS LEASE, THE Premises are rented "as is," without any Leasehold ---------------------- Improvements additional services or otherwise alter the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall improvements to be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested rendered by Landlord, Tenant shall have obtained contingent liability other than those services described in Item 9 and broad form builders risk insurance such other services or improvements as may be described in an amount reasonably satisfactory Exhibit "B" attached hereto and expressly made a part hereof. If Landlord is to Landlord if there are additionally alter, remodel, improve, or do any perils relating physical act or thing to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord space as presently constituted or as described in Exhibit "B", same shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to at the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property sole expense of Tenant during the Lease Term. Tenant and shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused be effected only by an "Extra Work Agreement" signed by the removal thereof and returns parties. In the Premises to absence of an "Extra Work Agreement" signed by the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Termparties, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have is under no obligation to reimburse Tenant for all make any such alteration, remodeling or improvement or do any portion physical act or thing to the space. Referencing the contents of the value or cost thereof; providedthis Item 12, howeverItems 13 and 14 below, that Tenant shall remove Exhibit "B" hereto and any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of LandlordExtra Work Agreement(s), or (ii) at the time Tenant requested Landlord's consent to any such Leasehold Improvementsrepairs, maintenance, alterations, additions, improvements or other work and/or Landlord's approval of the plans, specifications and drawings associated therewith shall create no responsibility or liability on the part of Landlord informed Tenant in writing that Landlord would require that or its contractor(s) or architect(s) for their completeness, design sufficiency or compliance with applicable laws, rules, codes, regulations, etc., but rather such Leasehold Improvements responsibility/liability shall be removed borne by Tenant; NEVERTHELESS, LANDLORD'S ARCHITECT SHALL CONFIRM IN WRITING TO TENANT THAT THE WORK (AND IF APPLICABLE, THE EXPANSION SPACE WORK) COMPLIES WITH ALL THEN (RESPECTIVELY) APPLICABLE CODES, LAWS, REGULATIONS, RULES, ETC., PERTAINING THERETO. Any and all extraordinary expenses and costs of any nature whatsoever attributable to the installation, maintenance and/or removal of telephone equipment, computer equipment and the Premises returned to like shall be borne solely by Tenant. Tenant's telephone equipment shall be restricted to, and must be installed within, the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease TermPremises.

Appears in 1 contract

Samples: Lease (Liquidmetal Technologies)

Leasehold Improvements. Tenant Landlord agrees that it shall not construct any Leasehold ---------------------- Improvements or otherwise alter improve the Premises without by performing the following work ("Landlord's prior approval if such action results Work"): (i) installation of a demising wall, pit levelers, doors and other work in the removal or alteration of any material warehouse portion of existing Improvements the Premises as more particularly described in Schedule 1 of the Landlord Work Agreement attached hereto as Exhibit B (including wall and floor coverings, ceilings, lighting fixtures or other utility installations"Landlord's Warehouse Work"); (ii) construction of certain additional improvements in the warehouse portion of the Premises as more particularly described in Schedule 2 of the Landlord Work Agreement ("Landlord's Additional Warehouse Work"); and (aiii) construction of twenty-five thousand (25,000) square feet of office space within the Premises in accordance with the Landlord Work Agreement ("Landlord's Office Work"). Landlord will design and construct Landlord's Warehouse Work at Landlord's cost and expense. Landlord will design and construct Landlord's Additional Warehouse Work at Tenant's cost and expense. Landlord will provide Tenant with an allowance of Five Hundred Sixty-Two Thousand Five Hundred Dollars ($562,500.00) (the "Allowance") to cover the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) designing and constructing Landlord's Office Work. If the cost of designing and constructing Landlord's Office Work is less than the Allowance, such Leasehold Improvements donesavings shall be retained by Landlord. If the cost of designing and constructing Landlord's Office Work exceeds the Allowance, under constructionTenant shall pay such excess in accordance with the Landlord Work Agreement as Additional Rent. Landlord's Warehouse Work, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000)Landlord's Additional Warehouse Work, and not until Landlord shall have first approved the plans and specifications therefor, which approval Landlord's Office Work each shall be deemed given if not denied to be substantially completed on the date that Landlord has substantially completed such portion of Landlord's Work, subject to completion of "punch list" items, as determined in writing within ten accordance with the Landlord Work Agreement. By taking possession of the Premises, Tenant will be deemed to have accepted the Premises and Landlord's Work and to have waived all claims of defect in the Premises, subject to completion of punch list items during the first thirty (1030) working days after following substantial completion of each of the warehouse and office portions of the Premises, respectively, and correction of latent defects during the first one hundred eighty (180) days following substantial completion of each of the warehouse and office portions of the Premises, respectively. Prior to taking occupancy of each of the warehouse and office portions of the Premises, Landlord and Tenant shall have received jointly inspect the applicable portion of the Premises and jointly prepare a punch list of items to be completed. During the first month of Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design occupancy of each of the Improvements. Notwithstanding anything warehouse and office portions of the Premises, respectively, from time to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant time at Tenant's expense in substantial compliance with the approved plans request, Landlord and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws jointly re-inspect the Premises and in a good jointly update the applicable punch list. If Landlord and workmanlike manner using materials of good quality. Tenant shall cannot commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction agree on the day it commencespunch list, and (v) if reasonably requested by Landlord, Tenant the Architect shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9make such determination. Landlord shall cause proceed in a commercially reasonable manner to be made available diligently correct or complete all punch list items. With respect to Tenant all information maintained by Landlord latent or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant hidden defects not discovered during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation first thirty (30) days following substantial completion of such Leasehold Improvements. At the expiration or sooner termination each of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part warehouse and office portions of the realty Premises, respectively, Tenant may give Landlord written notice during the first one hundred eighty (180) days following substantial completion of each of the warehouse and shall then become Landlord's propertyoffice portions of the Premises, respectively, and Landlord shall have no obligation proceed in a commercially reasonable manner to reimburse Tenant for all diligently correct such latent or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Termhidden defects as soon as practicable.

Appears in 1 contract

Samples: Lease Agreement (Cosmetic Center Inc)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements Upon the expiration or otherwise alter the Premises without Landlord's prior approval if such action results in the removal or alteration earlier termination of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls remove from the Premises all of Tenant's laboratory and partitions without Landlordrelated equipment, fixtures, trade fixtures, inventory and removable personal property which has been installed and paid for by Tenant (collectively, "Tenant's prior written consentFF&E"), provided that Tenant returns the Premises to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire and other casualty for which Landlord is required to make repairs hereunder excepted. All such approved improvements (other than Tenant's FF&E) to the Premises (collectively, "Leasehold Improvements Improvements") shall be installed owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the Termination Date, may require Tenant to remove, at Tenant's expense expense: (1) Cable (defined in substantial compliance with Section IX.A) installed by or for the approved plans exclusive benefit of Tenant and specifications therefor. All construction undertaken by Tenant shall be done located in accordance with all Laws and in a good and workmanlike manner using materials the Premises or other portions of good quality. Tenant shall not commence construction of the Project; (2) any Leasehold Improvements until that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with improvements to buildings of this kind; and (i3) all required governmental approvals laboratory equipment, benches, laboratory casework, hoods, cleanrooms, lab walls and permits equipment yard (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Project. The Required Removables designated by Landlord shall have been obtainedbe removed by Tenant before the Termination Date, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days provided that upon prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance may remain in an amount reasonably satisfactory the Premises for up to Landlord if there are any perils relating to 5 days after the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans Termination Date for the Buildingsole purpose of removing the Required Removables and Tenant's FF&E. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, including any "as-built" plans the obligation to pay Rent on a per diem basis at the rate in effect for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain last month of the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof of Required Removables or the Tenant's FF&E. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant's expense, may remove and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination dispose of the Lease TermRequired Removables and perform the required repairs. Tenant, all Leasehold Improvements within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined in Section IX.C), or the Initial Alterations (defined in Exhibit D) may request in writing that Landlord advise Tenant does not elect to remove shall be surrendered to Landlord whether the Alteration or the Initial Alterations, as a part of the realty and shall then become Landlord's propertycase may be, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value Alteration or cost thereof; providedthe Initial Alterations, howeveras the case may be, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions will constitute a Required Removable. Within 10 days after receipt of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested LandlordTenant's consent to such Leasehold Improvementsrequest, Landlord informed shall reasonably advise Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned as to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination which portions of the Lease TermAlteration or the Initial Alterations, as the case may be, if any, will constitute Required Removables.

Appears in 1 contract

Samples: Lease Agreement (Aerogen Inc)

Leasehold Improvements. Landlord will construct the Building in ---------------------- substantial accordance with the building plans and specifications previously furnished to Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter ("Building Plans"), which Building Plans are identified in Exhibit D. Landlord will use its best efforts to substantially complete the construction of the Building in such a time frame, so as to facilitate the substantial completion of the improvements to the Leased Premises without Landlord's prior approval if such action results by the targeted Commencement Date set forth in the removal or alteration Lease Summary (subject to the occurrence of any material portion the "Delay Events" defined later in this (S)9). Landlord will provide a tenant improvement allowance of existing Improvements $2,016,420 (including wall and floor coverings, ceilings, lighting fixtures or other utility installations"TI Allowance") and for the construction of leasehold improvements to the Leased Premises below a finished ceiling (a) "Improvements"). To the extent the cost of the improvements ultimately approved by Landlord and Tenant is more or less than the aforementioned TI Allowance, then the annual Base Rent payable by Tenant during each year of the initial ten-year Lease Term will be increased (in the case of excess costs) or decreased (in the case of diminished costs), as the case may be, by an amount equal to 16.5% of such construction excess or alteration exceeds Fifty Thousand Dollars diminished costs. Landlord and Tenant agree that, promptly following the parties' execution of this Lease, they will meet to develop approved preliminary specifications for the Improvements. Once Landlord and Tenant have approved preliminary specifications for the Improvements, Landlord will proceed with the preparation of the final architectural and engineering drawings, plans and specifications for the Improvements. Once those drawings, plans and specifications are completed, Landlord will deliver a full set thereof to Tenant for its review and approval. The approved final drawings, plans and specifications ($50,000"Final Plans") per work will be deemed incorporated herein by its reference. If, following the approval of improvement the Final Plans, Tenant expresses a desire to make any revisions thereto, Tenant will so notify Landlord and Landlord will then ask its general contractor to prepare a cost estimate for the making of such changes. Landlord will promptly notify Tenant of any increased costs or (b) savings resulting from such changes and Tenant will have the right to require Landlord to cause such changes to be made to the final Plans; provided, however, that such changes will not unreasonably affect the structurally integrity or value of the Building. If the aggregate of all such changes results in a net increase or decrease in the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design construction of the Improvements, then any such difference will be taken into consideration in adjusting the Base Rent in the manner contemplated in the second paragraph of this (S)9. Tenant will have the right to select a bonded, licensed contractor to participate in open bidding for the contract to construct the Improvements. Landlord will keep Tenant fully apprised of and invite Tenant's participation in and review of all general contractor bids for the construction of the Improvements. Landlord will consult with Tenant with regard to the final selection of a general contractor to construct the Improvements. The general contractor ultimately selected to construct the Improvements will be a general contractor, which is reasonably acceptable to both Landlord and Tenant. If all of the bids received with respect to the construction of the Improvements are substantially higher than the TI Allowance, then Tenant will have the right to cause Landlord to revise the Final Plans and resubmit the same to the designated general contractors, asking them for a revised bid, so as to try to reduce the ultimate cost of such Improvements; provided, however, that any delay in Landlord's construction of the Improvements caused by the revision of such Final Plans and the resubmission thereof to the designated general contractors will be treated as a Tenant-caused delay within the meaning of this (S)9. Landlord agrees that all bids solicited by it from general contractors with respect to the construction of the Improvements will be required to include a schedule of values so as to facilitate the identification and computation of change orders and cost modifications. Finally, Tenant will have the right to select an independent construction management firm to supervise construction of the Improvements on Tenant's behalf, with all fees to be paid to such construction manager to be included in the TI Allowance. Landlord will cause the improvements to be constructed in accordance with the Final Plans. Landlord will conduct a "walk-through" of the Leased Premises with Tenant, so as to permit Tenant the right and opportunity to confirm that the improvements have been constructed in accordance with the Final Plans. Landlord will use its best efforts to substantially complete construction of the Improvements on or before the targeted Commencement Date set forth in the Lease Summary, subject to delays caused by the occurrence of events beyond its reasonable control, including, without limitation, labor troubles, inability to procure materials, restrictive governmental laws, actions and pronouncements, acts of God, unseasonable weather, Tenant's failure to timely respond to any matter submitted for its review, and Tenant's requested change orders ("Delay Events"). The establishment of the substantial completion date referred to in the immediately preceding sentence is predicated upon the various Construction Milestone Dates referred to in Exhibit E being met in a timely manner with respect to the preparation, submission and approval of all preliminary specifications and Final Plans. Tenant agrees that it will review and either review or specify its objections to any documents or drawings submitted to it for its review and approval hereunder within ten days after its receipt of the same. If Tenant fails to respond to any submission to it within ten days after its receipt of the same, then it will be deemed to have approved the same for all purposes of this Lease. Notwithstanding anything to the contrary contained herein, if Landlord's inability to substantially complete the improvements on or before the targeted Commencement Date set forth in the Lease Summary is attributable to Tenant-caused delays (including, without limitation, Tenant's failure to timely respond to any matter submitted for its review, delays caused by Tenant' s requested change orders or Tenant's failure to meet the Construction Milestone Dates referred to in Exhibit E), then the Commencement Date will remain as set forth in the Lease Summary, notwithstanding the fact that the Improvements are not yet substantially completed, and Tenant will, from and after the Commencement Date, have an obligation to pay Base Rent and perform all of its other obligations and duties set forth in this Lease. If Landlord's failure to substantially complete the improvements to the Leased Premises by the targeted Commencement Date set forth in the Lease Summary is attributable to any reason other than a Tenant-caused delay (as that term is defined above), then, subject to the remaining provisions of this (S)9 with respect to the imposition of per diem penalties and the grant to Tenant shall of a right to terminate the Lease, the Commencement Date and the Termination Date will each be deferred by the number of days of the delay in substantially completing the improvements to the Leased Premises and Tenant's obligation to pay Base Rent and perform all of its other obligations and duties set forth in this Lease will be similarly deferred until the deferred Commencement Date hereunder. If the Leased Premises are not substantially completed by November 1, 1996, for any reason other than the occurrence of any Delay Event, then Landlord will be obligated to pay a per diem penalty to Tenant equal to $967 per day for each day after November 1, 1996 until the Leased Premises are so substantially completed. If the Leased Premises are not substantially completed by January 1, 1997, for any reason other than the occurrence of any Delay Event, then Tenant will have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by terminate this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior by delivering written notice of its intention the termination thereof to commence such constructionLandlord on or before January 31, (iv) Tenant shall have notified Landlord by telephone 1997. For the purposes of this Lease, the improvements will be deemed "substantially completed" on the earlier of the commencement date on which Tenant occupies the Leased Premises or the date on which a certificate of construction on occupancy for the day Improvements is issued by the appropriate governmental authority. To the extent Tenant occupies a part, but not all of the Leased Premises prior to the Commencement Date as it commencesrelates to the entire Leased Premises, then all of the terms and (v) if reasonably requested by Landlord, conditions of this Lease will nonetheless apply to Tenant's occupancy of such part of the Leased Premises prior to such Commencement Date and Tenant shall have obtained contingent liability and broad form builders risk insurance will pay Base Rent hereunder in an amount reasonably satisfactory to Landlord if there are any perils relating equal to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans Base Rent payable hereunder for the Buildingentire Leased Premises, including any "as-built" plans for multiplied by a fraction having as its numerator the Building, roof and/or Outside Areas, number of rentable square feet so that occupied by Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain and having as its denominator the property total number of Tenant during rentable square feet contained within the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease TermLeased Premises.

Appears in 1 contract

Samples: Lease Agreement (Seagate Software Inc)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements Any trade fixtures, unattached and movable equipment or otherwise alter furniture, or other personalty brought into the Premises without Landlordby Tenant ("Tenant's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installationsProperty") and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received owned and insured by Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) remove all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns Property from the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions terms of paragraph 15.2 if Article XXXV hereof. Any and all alterations, additions and improvements to the Premises, including any built-in furniture (i) such Leasehold Improvements were installed without the prior written consent of Landlordcollectively, or (ii) at the time Tenant requested Landlord's consent to such "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant. Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereofmay, ordinary wear and tear exceptednonetheless, at any time within thirty (30) days after the expiration or earlier termination of this Lease or Tenant's right to possession, require Tenant to remove any Leasehold Improvements performed by or for the benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables within ten (10) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease Termor Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by such removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition, normal wear and tear excepted. If Tenant fails to remove any specified Required Removables or to perform any required repairs and restoration within the time period specified above, Landlord, at Tenant's sole cost and expense, may remove, store, sell and/or dispose of the Required Removables and perform such required repairs and restoration work. Tenant, within five (5) days after demand from Landlord, shall reimburse Landlord for any and all reasonable costs incurred by Landlord in connection with the Required Removables.

Appears in 1 contract

Samples: Office Lease Agreement (First Capital Insured Real Estate Limited Partnership)

Leasehold Improvements. Tenant All improvements to the Premises (collectively, "Leasehold Improvements") shall not construct any Leasehold ---------------------- Improvements or otherwise alter be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the Termination Date, may require Tenant to remove, at Tenant's prior approval if such action results expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures Premises or other utility installations) portions of the Building; and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 Business Days after the Termination Date for the sole purpose of removing the Required Removables. In addition to the foregoing, in the event Tenant elects to reallocate the condenser water among the floors of the Premises as permitted pursuant to Exhibit D-1 attached hereto, then in the event of (i) all required governmental approvals and permits shall have been obtainedthe termination of this Lease, (ii) a reduction or partial termination of all requirements regarding insurance imposed by this Lease have been satisfiedor a part of the Premises, or (iii) Tenant shall have given Landlord at least five (5) days prior written notice a sublease of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone all or a part of the commencement Premises, Landlord may require Tenant, at Tenant's sole cost and expense, to reallocate the condenser water so that each floor receives its proper pro rata share of construction on chilled water. Any such work required by Landlord shall also be deemed to be a Required Removable for purposes of this Lease and, in the day it commencescase of a reduction or partial termination of all or a part of the Premises, and (v) if reasonably requested or of a sublease, such required work shall be performed by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating prior to the proposed construction not covered by insurance carried pursuant effective date of such reduction, partial termination or sublease. Tenant's possession of the Premises shall be subject to Article 9. Landlord shall cause all of the terms and conditions of this Lease, including the obligation to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to pay Rent on a per diem basis at the plans rate in effect for the Building, including any "as-built" plans for last month of the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant's expense, may remove and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination dispose of the Lease TermRequired Removables and perform the required repairs. Tenant, all Leasehold Improvements within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined in Section IX.C), or at the time it delivers the final approved Plans for the Landlord Work to Landlord, may request in writing that Landlord advise Tenant does not elect to remove shall be surrendered to whether the Alteration or the Landlord Work, as a part of the realty and shall then become Landlord's propertycase may be, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value Alteration or cost thereof; providedthe Landlord Work, howeveras the case may be, that Tenant shall remove any Leasehold Improvements so will be designated for removal by Landlord in accordance with the provisions as a Required Removable. Within 10 Business Days after receipt of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested LandlordTenant's consent to such Leasehold Improvementsrequest, Landlord informed shall advise Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned as to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination which portions of the Lease TermAlteration or the Landlord Work, as the case may be, if any, will be considered to be Required Removables.

Appears in 1 contract

Samples: Office Lease Agreement (Tenfold Corp /Ut)

Leasehold Improvements. Tenant All improvements to the Premises other than Tenant’s personal property and trade fixtures (collectively, “Leasehold Improvements”) shall not construct any Leasehold ---------------------- Improvements or otherwise alter be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord's , by written notice to Tenant within thirty (30) days prior approval if such action results to the Termination Date, may require Tenant to remove, at Tenant’s expense, the following (the “Required Removables”): (1) Cable (defined in Section 9.1) installed by or for the exclusive benefit of Tenant and located in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures Premises or other utility installations) portions of the Premises or the Property; and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars any Leasehold Improvements and Alterations that are performed by or for the benefit of Tenant ($200,000including, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type), and not until . The Required Removables designated by Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed removed by Tenant at Tenant's expense in substantial compliance with before the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good qualityTermination Date. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof of Required Removables, if Tenants fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant’s expense, may remove and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination dispose of the Lease TermRequired Removables and perform the required repairs. Tenant, all Leasehold Improvements within thirty (30) days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (as defined in this Lease), may request in writing that Landlord advise Tenant does not elect to remove shall be surrendered to Landlord as a part of whether the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all Alteration or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so Alteration will be designated for removal by Landlord in accordance with the provisions as a Required Removable. Within ten (10) days after receipt of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold ImprovementsTenant’s request, Landlord informed shall advise Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned as to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination which portions of the Lease TermAlteration, if any, will be considered to be Required Removables, and if Landlord does not respond within such ten (10) day period, such Alterations will not be considered Required Removables (and, in such event, Landlord shall not have the right under the second sentence of this Section 8 to later require Tenant to remove such Alterations).

Appears in 1 contract

Samples: Office Lease Agreement (Zymogenetics Inc)

Leasehold Improvements. Except as otherwise provided herein, Landlord covenants and agrees to provide certain leasehold improvements at the Premises for occupancy by Tenant, at Tenant's expense, in accordance with the Plans and Specifications and finish schedules (collectively the "Leasehold Improvements"). Landlord agrees to provide Tenant an allowance ("Landlord's Allowance") for the Leasehold Improvements (except as otherwise set forth herein) which Landlord's Allowance shall not exceed $19.00 per square feet of the Premises or $495,520.00. The quality of all Leasehold Improvements shall equal or exceed the standards set forth as Building Standard Work on Exhibit B attached hereto ("Building Standard Work") and such Building Standard Work shall serve as the minimum standards for such Leasehold Improvements. It is understood, however, that such Building Standard Work as set forth on Exhibit B is intended to set forth only the guidelines for minimum quality but that the ratios and square footage allocations set forth therein are not intended to be binding on Landlord in providing such Leasehold Improvements. In the event that the cost of the Leasehold Improvements does not equal the amount of Landlord's Allowance set forth herein, Tenant shall not construct be entitled to any credit, offset or deduction for any such surplus, it being understood that any such amount shall belong to Landlord. If the total cost of the Leasehold ---------------------- Improvements or otherwise alter the Premises without exceeds Landlord's prior approval if such action results Allowance as above stated, Tenant shall, upon receipt of Landlord's notice and invoice, reimburse Landlord in full for the removal or alteration excess cost differential within thirty (30) days of any material portion of existing Improvements receipt thereof. Landlord's Allowance shall not be used for art work, office equipment, trade fixtures (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000but not limited to audio visual equipment), telephone systems, interior plant landscape, movable furniture and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approvalfurniture partition systems or movable telephone work stations. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements The foregoing items shall be installed by Tenant at Tenantits cost and expense. Landlord shall install any telephone work stations set forth in the Plans and Specifications which are permanently affixed to the Building and Landlord's expense Allowance may be used for such permanent telephone work stations. In addition, except as set forth in substantial compliance with subparagraph (g) below, Landlord's Allowance shall not be used for the approved plans removal of three corridors surrounding the atrium on the second floor of the Building (including the removal of any carpeting, wallpaper and specifications thereforceiling lights and all ceilings, floors and walls in these corridors), nor for the removal of a corridor located on the west side of the second floor of the Building (which west side corridor provides passage to and from the bathrooms and the west end stair well). All construction undertaken The foregoing corridors and related materials may be removed by Tenant at its cost and expense. Landlord shall be done in accordance with all Laws and in prepare a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtainedImprovement analysis, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction detailing a cost breakdown for each item outlined on the day it commencesPlans and Specifications, including unit pricing, and (v) if reasonably requested by Landlordgive Tenant a copy of such analysis. With respect to carpeting and wallpaper in the Premises, Tenant shall have obtained contingent liability the ability to direct Landlord to purchase carpeting and broad form builders risk insurance in an amount reasonably satisfactory wallpaper, through Tenant's suppliers, if Tenant satisfactorily demonstrates to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or that Landlord's architect which relates to pricing is not as competitive as that of Tenant's suppliers. Tenant covenants and agrees that upon expiration of the plans for the Buildingterm of this Lease, including any "as-built" plans for extension thereof, Tenant, at the Buildingelection of Landlord, roof and/or Outside Areaswill remove all tenant improvements other than those which are part of the Work, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns return the Premises to Landlord in the same condition existing as of the Commencement Date, except for reasonable wear and tear and occurrences pursuant to Sections 13 and 14 hereof. Landlord agrees to exercise such election by notifying Tenant in writing 90 days prior to the installation expiration of such Leasehold Improvementsthis Lease, or any extension terms, if extended. At In addition to Landlord's Allowance, the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove following items shall be surrendered to provided by Landlord as a part of the realty and shall then become at Landlord's property, expense and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested NOT charged against Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Term.Allowance:

Appears in 1 contract

Samples: Agreement of Lease (Harris Interactive Inc)

Leasehold Improvements. Tenant Any and all alterations, additions and improvements to the Premises, all attached furniture, equipment and non-trade fixtures (collectively, "Leasehold Improvements") shall not construct any Leasehold ---------------------- Improvements be owned and insured by Landlord and shall remain upon the Premises, all without compensation to Tenant. Any unattached and movable equipment or otherwise alter the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coveringsfurniture, ceilings, lighting trade fixtures or other utility installationspersonalty ("Tenant's Property") and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received owned and insured by Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Buildingmay, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear exceptednonetheless, at any time within one (1) month after the expiration or earlier termination of this Lease or Tenant's right to possession, require Tenant to remove any Leasehold Improvements performed by or for the benefit of Tenant (other than electronic, phone and data cabling) as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables within ten (10) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease Termor Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by such removal and perform such other work as is reasonably necessary to remove any evidence that the Required Removable in question has been removed. For example, if Tenant removes a work station, Tenant may be required to patch the portion of carpet upon which the work station was located and repaint the portion of the wall against which the work station was placed. If Tenant fails to remove the Required Removables after Landlord's request therefor, Landlord may remove, store or dispose of the Required Removables at Tenant's cost, and repair any damage caused by such removal and Tenant shall pay Landlord as additional Rent hereunder, on demand, all such costs. Notwithstanding the foregoing, except for any vault, stairway, structural alterations or supplemental HVAC equipment installed in the Premises, Tenant shall not be required to remove any portion of the Initial Alterations. In addition, with respect to any subsequent alterations, additions or improvements performed by Tenant, Tenant may request in writing at the time it submits its plans and specifications for an alteration, addition or improvement, that Landlord advise Tenant whether Landlord will require Tenant to remove, at the termination of this Lease or Tenant's right to possession hereunder, such alteration, addition or improvement, or any particular portion thereof. Landlord, within ten (10) days after receipt of Tenant's request, shall advise Tenant as to whether Landlord will require removal of such alteration, addition or improvement, or any particular portion thereof, provided, however, Landlord shall have the right to require Tenant to remove any vault, stairway or structural alterations in the Premises, regardless of whether Landlord timely notified Tenant that it would require such removal.

Appears in 1 contract

Samples: Office Lease Agreement (First Capital Income Properties LTD Series Xi)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements Any trade fixtures, unattached and movable equipment or otherwise alter furniture, or other personalty brought into the Premises without Landlordby Tenant ("Tenant's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installationsProperty") and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received owned and insured by Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) remove all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns Property from the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions terms of paragraph 15.2 if Article XXXV hereof. Any and all alterations, additions and improvements to the Premises, including any built-in furniture (icollectively, "Leasehold Improvements") such Leasehold Improvements were installed shall be owned and insured by Landlord and shall remain upon the Premises, all without the compensation, allowance or credit to Tenant. Landlord may, nonetheless, at any time prior written consent of Landlordto, or within six (ii6) at the time Tenant requested Landlord's consent to such Leasehold Improvementsmonths after, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of this Lease or Tenant's right to possession, require Tenant to remove any Leasehold Improvements performed by or for the benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables within fifteen (15) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease Termor Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by such removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition. If Tenant fails to remove any specified Required Removables or to perform any required repairs and restoration within the time period specified above, Landlord, at Tenant's sole cost and expense, may remove, store, sell and/or dispose of the Required Removables and perform such required repairs and restoration work. Tenant, within five (5) days after demand from Landlord, shall reimburse Landlord for any and all reasonable costs incurred by Landlord in connection with the Required Removables. Notwithstanding the foregoing, Tenant may request in writing at the time it submits its plans and specifications for an alteration, addition or improvement, that Landlord advise Tenant whether Landlord will require Tenant to remove, at the termination of this Lease or Tenant's right to possession hereunder, such alteration, addition or improvement, or any particular portion thereof and Landlord shall advise Tenant within twenty (20) days after receipt of Tenant's request as to whether Landlord will require removal; provided, however, Landlord shall have the right to require Tenant to remove any vault, stairway, raised floor or structural alterations installed in the Premises, regardless of whether Landlord timely notified Tenant that it would require such removal.

Appears in 1 contract

Samples: Office Lease Agreement (Merrill Corp)

Leasehold Improvements. Tenant All improvements to the Premises (collectively, “Leasehold Improvements”) shall not construct any Leasehold ---------------------- Improvements or otherwise alter be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord's , by written notice to Tenant within 30 days prior approval if such action results to the Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined in Section IX.A.) installed by or for the exclusive benefit of Tenant and located in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures Premises or other utility installations) portions of the Building; and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars any Leasehold improvements that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements ($200,000collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and not until Landlord shall have first approved the plans showers, vaults, rolling file systems and specifications therefor, which approval structural alterations and modifications of any type. The Required Removables designated by Landlords shall be deemed given if not denied removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in writing within ten (10) working the Premises for up to five days after Landlord shall have received the Termination Date for the sole purpose of removing the Required Removables. Tenant's request for such approval. In no event shall Tenant make any alterations to ’s possession of the Premises which could significantly affect the structural integrity or the exterior design shall be subject to all of the Improvements. Notwithstanding anything to the contrary contained in terms and conditions of this Lease, Tenant shall have including the right obligation to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant pay Rent on a per diem basis at Tenant's expense the rate in substantial compliance with effect for the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone last month of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant’s expense, may remove and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination dispose of the Lease TermRequired Removables and perform the required repairs. Tenant, all Leasehold Improvements within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined in Section IX.C), may request in writing that Landlord advise Tenant does not elect to remove shall be surrendered to Landlord as a part of whether the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all Alteration or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so Alteration will be designated for removal by Landlord in accordance with the provisions as a Required Removable. Within ten days after receipt of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold ImprovementsTenant’s request, Landlord informed shall advise Tenant in writing that Landlord would require that such Leasehold Improvements as to which portions of the Alteration, if any, will be removed and considered to be Required Removables. Tenant shall not be required to remove any cable or wiring installed in the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination as part of the Lease TermLeasehold Improvements.

Appears in 1 contract

Samples: Office Lease Agreement (Acacia Communications, Inc.)

Leasehold Improvements. Tenant All improvements to the Premises (collectively, “Leasehold Improvements”) shall not construct any Leasehold ---------------------- Improvements or otherwise alter be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord's , by written notice to Tenant within 30 days prior approval if such action results to the Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined in Section IXA) installed by or for the exclusive benefit of Tenant and located in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures Premises or other utility installations) portions of the Building; and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements ($200,000collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and not until showers, vaults, rolling file systems and structural alterations and modifications of any type. The Required Removables designated by Landlord shall have first approved be removed by Tenant before the plans and specifications thereforTermination Date, which approval provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant’s possession of the Premises shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations subject to the Premises which could significantly affect the structural integrity or the exterior design all of the Improvements. Notwithstanding anything to the contrary contained in terms and conditions of this Lease, Tenant shall have including the right obligation to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant pay Rent on a per diem basis at Tenant's expense the rate in substantial compliance with effect for the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone last month of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant’s expense, may remove and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination dispose of the Lease TermRequired Removables and perform the required repairs. Tenant, all Leasehold Improvements within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined in Section IX.C), may request in writing that Landlord advise Tenant does not elect to remove shall be surrendered to Landlord as a part of whether the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all Alteration or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so Alteration will be designated for removal by Landlord in accordance with the provisions as a Required Removable. Within 10 days after receipt of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold ImprovementsTenant’s request, Landlord informed shall advise Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned as to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination which portions of the Lease TermAlteration, if any, will be considered to be Required Removables.

Appears in 1 contract

Samples: Office Lease Agreement (Brightmail Inc)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter the Premises without Landlord's prior approval if such action results All improvements in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the BuildingPremises, including any "as-built" plans for the BuildingAlterations (defined in Section 9.03) (collectively, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements ”) shall remain upon the property Premises at the end of the Term without compensation to Tenant. In addition, Landlord, by written notice to Tenant during at least 30 days prior to the Lease Term. Tenant shall have the right Termination Date, may require Tenant, at Tenant’s expense, to remove any Leasehold Improvements so long as it repairs all damage caused by Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal thereof and returns repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”), provided that if Tenant has requested that Landlord advise Tenant as to whether any Alterations are Required Removables at the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination time Tenant requests approval for a proposed Alteration as provided below, and Landlord does not identify certain portions of the Lease TermAlterations as Required Removables, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation right to reimburse require Tenant for all or to remove at the end of the Term any such portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements Alteration which Landlord had not so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) identified as a Required Removable at the time Tenant requested Landlord's consent approval of the Alteration. Required Removables shall include, without limitation, internal stairways (other than the internal stairway currently existing in the Premises as of the date of this Lease, as the same may be expanded in connection with the Initial Alterations), raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to such Leasehold Improvementsperform its obligations in a timely manner, Landlord informed Tenant may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, including any Initial Alterations as such term may be defined in the Work Letter attached as Exhibit C, may request in writing that Landlord would require that such Leasehold Improvements be removed advise Tenant whether the Alteration, including any Initial Alterations or Landlord Work, or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the alteration or other improvements are Required Removables. Notwithstanding the foregoing, the Landlord agrees that, except for the Secured Area (as herein defined) and the Premises returned to showers, the condition existing prior to improvements identified on the installation thereofSpace Plans (as defined in the Work Letter attached as Exhibit C), ordinary wear and tear excepted, at the expiration or earlier termination as specifically shown thereon as of the Lease Termdate hereof, shall not be deemed Required Removables.

Appears in 1 contract

Samples: Office Lease Agreement (Rapid7 Inc)

Leasehold Improvements. Tenant All improvements tx xxx Premises (collectively, "Leasehold Improvements") shall not construct any Leasehold ---------------------- Improvements or otherwise alter be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the Termination Date, may require Tenant to remove, at Tenant's prior approval if such action results expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures Premises or other utility installations) portions of the Building; and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements ($200,000collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and not until showers, vaults, rolling file systems and structural alterations and modifications of any type. Notwithstanding the foregoing, if Tenant so requests, at the time which Tenant submits to Landlord the final construction plans for Tenant's initial Leasehold Improvements, Landlord shall have first approved the plans and specifications therefor, advise Tenant of those Leasehold Improvements which approval shall be deemed given if not denied to be Required Removables. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in writing within ten (10) working the Premises for up to 5 days after Landlord shall have received the Termination Date for the sole purpose of removing the Required Removables. Tenant's request for such approval. In no event shall Tenant make any alterations to possession of the Premises which could significantly affect the structural integrity or the exterior design shall be subject to all of the Improvements. Notwithstanding anything to the contrary contained in terms and conditions of this Lease, Tenant shall have including the right obligation to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant pay Rent on a per diem basis at Tenant's expense the rate in substantial compliance with effect for the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone last month of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant's expense, may remove and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination dispose of the Lease TermRequired Removables and perform the required repairs. Tenant, all Leasehold Improvements within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined in Section IX.C), may request in writing that Landlord advise Tenant does not elect to remove shall be surrendered to Landlord as a part of whether the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all Alteration or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so Alteration will be designated for removal by Landlord in accordance with the provisions as a Required Removable. Within 10 days after receipt of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested LandlordTenant's consent to such Leasehold Improvementsrequest, Landlord informed shall advise Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned as to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination which portions of the Lease TermAlteration, if any, will be considered to be Required Removables.

Appears in 1 contract

Samples: Office Lease Agreement (Fundtech LTD)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved construct the leasehold improvements pursuant to the plans and specifications thereforfor the leasehold improvements attached hereto as Exhibit E (the “Leasehold Improvements”). Landlord agrees to be responsible for the cost of the Leasehold Improvements per the agreed to space plan. To the extent that the Tenant adds any additional Tenant Improvement costs to the agreed to space plan, Tenant shall be responsible for the excess costs; provided, however that Landlord must obtain Tenant’s prior written consent before expending any sums in excess of the agreed to space plan. The portion of the Leasehold Improvement Cost, which approval is Tenant’s responsibility shall be paid by Tenant within thirty (30) days of the completion of the Leasehold Improvements as evidenced by a certificate of occupancy or a certificate of Tenant’s architect or engineer. On or prior to October 1, 2002, Landlord and Tenant shall jointly inspect the Premises to determine if the Premises are in the condition required under Exhibit E. If the Premises are in the condition required by Exhibit E, the Term shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent Lease. If the Premises are not in the condition required by the Lease, Tenant may conditionally accept the Premises using the following procedure: Tenant shall deliver to Landlord a list of Landlord, the items which Landlord must complete or (ii) at remediate in order to bring the Premises into compliance with the Lease and the time Tenant requested Landlord's consent period within which each said item is to such Leasehold Improvements, Landlord informed Tenant in writing be completed (each of which dates shall be referred to as the “agreed completion date” for that Landlord would require that such Leasehold Improvements item. Such items on the list (“Punchlist”) shall be removed and attached to a conditional acceptance letter to be prepared by Tenant. If the Premises returned items on the Punchlist are not completed according to the condition existing provisions of the Punchlist on or prior to the installation thereofagreed completion date for each said item, ordinary wear and tear excepted, at Landlord shall continue to be obligated to complete each said item in accordance with the expiration or earlier termination terms of the Lease TermPunchlist and conditional acceptance letter, but Tenant shall be entitled to complete the uncompleted items on its own, in which event Tenant shall be entitled to set off against the Base Rent the reasonable costs of completing the items in question unless Landlord shall reimburse Tenant for the reasonable costs incurred by Tenant in completing said items, within ten (10) days following written demand by Tenant for such reimbursement. Tenant reserves the right to object to latent defects in the Premises.

Appears in 1 contract

Samples: Commercial Lease (Ciprico Inc)

Leasehold Improvements. Tenant All improvements in and to the Premises, including any Alterations (defined in Section 9.03) (collectively, “Leasehold Improvements”) shall not construct any Leasehold ---------------------- Improvements or otherwise alter remain upon the Premises at the end of the Term without Landlord's prior approval if compensation to Tenant, provided that Tenant, at its expense, shall remove any Cable (defined in Section 9.01 below), unless Landlord directs Tenant to leave such action results Cable in place as of the removal or alteration of Termination Date. Tenant, at Tenant’s expense, shall remove any material portion of existing Improvements internal stairways, data centers, raised floors, personal baths and showers, vaults, rolling file systems, the Concrete Pads (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000defined in Section 9.04), and not until any portion(s) of the Cafeteria and/or Fitness Center other than in the location of the Cafeteria and/or Fitness Center, respectively, as of the Effective Date (collectively, the “Required Removables”) before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations under this Article 8 in a timely manner, Landlord shall have first approved may perform such work at Tenant’s expense. Landlord shall, at the plans and specifications therefortime it provides its approval for any proposed Alteration, which approval shall including any Initial Alterations, as such terms may be deemed given if not denied defined in the Work Letter attached as Exhibit C, advise Tenant in writing within ten (10) working days after whether the particular Alteration, including any Initial Alterations, or any portion thereof, will be included as a Required Removable, provided, however, Tenant shall remove the Required Removables listed above in accordance with this Article 8 without further notification from Landlord shall have received Tenant's request for unless prior to the Termination Date Landlord directs Tenant to leave any of such approvalRequired Removables in place as of the Termination Date. In Notwithstanding anything contained herein to the contrary, in no event shall Tenant make be responsible for the removal of any alterations to supplemental HVAC units previously installed at the Premises which could significantly affect Property by Catamaran at the structural integrity or the exterior design end of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Office Lease Agreement (Baxalta Inc)

Leasehold Improvements. Tenant Any and all alterations, additions and improvements to the Premises, all attached furniture, equipment and non-trade fixtures (collectively, "Leasehold Improvements") shall not construct any Leasehold ---------------------- Improvements be owned and insured by Landlord and shall remain upon the Premises, all without compensation to Tenant. Any unattached and movable equipment or otherwise alter the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coveringsfurniture, ceilings, lighting trade fixtures or other utility installationspersonalty ("Tenant's Property") and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing owned and insured by Tenant. Landlord may, nonetheless, at any time within ten thirty (1030) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of this Lease or Tenant's right to possession, require Tenant to remove any Leasehold Improvements performed by or for the benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables within ten (10) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease Termor Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by such removal and perform such other work as is reasonably necessary to restore the Premises to a reasonably good condition less normal wear and tear. If Tenant fails to remove the Required Removables after Landlord's request therefor, Landlord may remove, store or dispose of the Required Removables at Tenant's cost, and repair any damage caused by such removal and Tenant shall pay Landlord as additional Rent hereunder, on demand, all such costs.

Appears in 1 contract

Samples: Office Lease Agreement (First Capital Income Properties LTD Series Xi)

Leasehold Improvements. Tenant All improvements to the Premises (collectively, "Leasehold Improvements") shall not construct any Leasehold ---------------------- Improvements or otherwise alter be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the Termination Date (or at least 90 days prior to the Termination Date if Tenant requests in writing at least 100 days prior to the Termination Date that Landlord provide such written notice to Tenant on or before such 90 day period) require Tenant to remove, at Tenant's prior approval if such action results expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures Premises or other utility installations) portions of the Building; and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements ($200,000collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and not until showers, vaults, rolling file systems and structural alterations and modifications of any type. The Required Removables designated by Landlord shall have first approved be removed by Tenant before the plans and specifications thereforTermination Date, which approval shall be deemed given if not denied provided that upon prior written notice to Landlord, Tenant may remain in writing within ten (10) working the Premises for up to 5 days after Landlord shall have received Tenant's request the Termination Date for such approval. In the sole purpose of removing the Required Removables, but in no event shall Tenant make any alterations to such holdover in the Premises which could significantly affect the structural integrity constitute or the exterior design create a tenancy-at-will under existing applicable law. Tenant's possession of the Improvements. Notwithstanding anything Premises shall be subject to all of the contrary contained in terms and conditions of this Lease, Tenant shall have including the right obligation to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant pay Rent on a per diem basis at Tenant's expense the rate in substantial compliance with effect for the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone last month of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant's expense, may remove and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination dispose of the Lease TermRequired Removables and perform the required repairs. Tenant, all Leasehold Improvements within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined in Section IX.C), including any Initial Alterations (as defined in EXHIBIT D), may request in writing that Landlord advise Tenant does not elect to remove shall be surrendered to Landlord as a part of whether the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all Alteration or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions Alteration must be removed upon termination of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent this Lease. Within 10 days after receipt of Landlord, or (ii) at the time Tenant requested LandlordTenant's consent to such Leasehold Improvementsrequest, Landlord informed shall advise Tenant in writing that Landlord would require that such Leasehold Improvements as to which portions of the Alteration, if any, will be required to be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier upon termination of the Lease Termthis Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Nova Corp \Ga\)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) Landlord agrees to cause to be performed, at Landlord’s sole cost and expense, the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), more particularly described in Exhibit “B” and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the based on mutually approved plans and specifications therefordated (“Landlord’s Base Building Work”). All construction undertaken by Tenant In addition, Landlord agrees to cause to be performed the work more particularly described in “Exhibit B-1” attached hereto and made a part hereof (“Landlord’s TIA Work”) subject to “Landlord’s Work Cost Threshold” as hereinafter described. Both Landlord’s Base Building Work and Landlord’s TIA Work shall be done in accordance with all Laws and performed by Landlord’s contractor in a lien-free, good and workmanlike manner using materials manner. Though included in Landlord’s TIA Work and to be performed by Landlord’s contractor, all costs approved by Tenant in advance and in writing related to data, cabling and security shall be borne by Tenant. Landlord and Tenant acknowledge and agree that Landlord’s TIA Work, as the same has been projected as of good quality. Tenant the date of this Lease, is expected to cost (exclusive of architectural and engineering fees and the costs of demolition (including removal of the mezzanine), construction of the stairway and repair or replacement of windows and blinds, all of which shall be borne solely by Landlord as part of Landlord’s Base Building Work and shall not commence construction be counted against Landlord’s Work Cost Threshold) no more than Eight Hundred Seventy-One Thousand Four Hundred and 00/100 Dollars ($871,400.00) ($40.00 per square foot of Premises Usable Area) (“Landlord’s Work Cost Threshold”). Subject to Section 34(b), any Leasehold Improvements until Excess Costs over and above Landlord’s Work Cost Threshold shall be borne equally (i50-50) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into and Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Lease Agreement (Education Lending Group Inc)

Leasehold Improvements. Tenant 9.1 The Leased Premises will be taken by the Lessee "as is", which means that all costs incurred to build or make modifications to the Leased Premises will be taken out of the Allowance described below save and except for the construction of the demising wallsthe structure of the internal staircase, the build over of stairwells not required, the walls of the vestibule, and the access control, video surveillance, fire alarm and centralized control for the HVAC systems described in Schedule B which shall not construct any Leasehold ---------------------- Improvements or otherwise alter be the Premises without LandlordLessor's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars responsibility at Lessor's cost. The Lessor will provide four hundred fifty thousand dollars ($50,000450,000.00) per work (the "ALLOWANCE") to the Lessee for the construction of improvement Lessee's leasehold improvements in accordance with the building standards described in Schedule B annexed hereto or to a standard agreed upon by both Lessor and Lessee (b) the cost "LEASEHOLD IMPROVEMENTS"). The Lessor warrants that, as part of such the Leasehold Improvements, the Lessee will be able to install an electrical entrance of 400 amperes at 600 volts, 3-phase. The Allowance will also be used to cover all the costs to be incurred for the relocation of the entrance door currently located between axis 5 and 6 to between axis 6 and 7, which costs are estimated at eight thousand five hundred dollars ($8,500.00). All costs incurred for Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved above the plans and specifications therefor, which approval Allowance shall be deemed given if paid by the Lessee to the Lessor immediately upon presentation of the bills. If the Lessee does not denied in writing pay or give notice of objection within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations of their receipt the bills demonstrating the additional amount to be paid by the Lessee to the Premises which could significantly affect Lessor above the structural integrity or Allowance, the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant Lessor shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consentinstitute the appropriate legal proceedings to cancel the Offer or the Lease. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with In the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials case of good quality. Tenant shall not commence construction the Lessee giving notice of any Leasehold Improvements until (i) all required governmental approvals and permits shall objection, once satisfactory explanations have been obtainedprovided by the Lessor, the Lessee must pay them within ten (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (510) days prior written notice of its intention their receipt the bills demonstrating the additional amount to commence such construction, (iv) Tenant shall have notified Landlord be paid by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating Lessee to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to Lessor above the plans for Allowance, the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant Lessor shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by institute the removal thereof and returns appropriate legal proceedings to cancel the Premises to Offer or the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease TermLease.

Appears in 1 contract

Samples: H Power Corp

Leasehold Improvements. Tenant All improvements in and to the Premises, including any Alterations (collectively, "Leasehold Improvements") shall not construct any Leasehold ---------------------- Improvements or otherwise alter remain upon the Premises at the end of the Term without Landlord's prior approval if such action results compensation to Tenant, provided that Tenant, at its expense, in the removal or alteration of any material portion of existing Improvements (including wall and floor coveringscompliance with all applicable Laws, ceilings, lighting fixtures or other utility installations) and shall (a) close up any slab penetrations in the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or Premises and (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two remove Tenant installed Cable (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained as defined in this Lease), Tenant shall have the right to reconfigure demountable walls gas/tank lines and partitions without any Alterations that, in Landlord's prior written consent. All reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good qualityother items collectively are referred to as "Required Removables"). Tenant shall not commence construction be required to remove any of the improvements described in Exhibit C. Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, supplemental HVAC units and equipment (however not including HVAC installed for the server room in the Premises), vaults, rolling file systems and structural alterations and modifications. The Tenant installed Cable and Required Removables shall be removed by Tenant within 10 days of the Expiration Date. At least 30 days prior to commencing the removal of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtainedCable or Required Removables or the closing of any slab penetrations, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given notify Landlord at least five (5) days prior written notice of its intention to commence remove such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commencesCable or Required Removables or effect such closings, and (v) provide to Landlord, for its approval, structural or other drawings describing the proposed removal, and if reasonably requested by LandlordLandlord notifies Tenant within such 30 day period, Tenant shall have obtained contingent liability not remove such Cable and/or Required Removables and/or close such slab penetrations, and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction Cable and/or Required Removables not covered by insurance carried pursuant to Article 9. Landlord so removed shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain become the property of Tenant during Landlord upon the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration Expiration Date or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that . Tenant shall remove repair damage caused by the installation or removal of any Leasehold Improvements so designated for removal by Landlord Cable or Required Removables. If Tenant fails to perform its obligations in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvementsa timely manner, Landlord informed Tenant in writing that Landlord would require that may perform such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, work at the expiration or earlier termination of the Lease TermTenant's expense.

Appears in 1 contract

Samples: Lease Agreement (Summit Wireless Technologies, Inc.)

Leasehold Improvements. Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at Upon the expiration or earlier termination of the Lease Lease, all improvements to the Premises (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises, except as provided herein, without compensation to Tenant except as provided in Section XII. However, Landlord, by written notice to Tenant given at least 10 days prior to the Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portion of the Buildings except Cable which is integrated into the Building core system and which would be cost prohibitive for either Landlord or Tenant to remove; and (2) any Leasehold Improvements (other than the Landlord Work) that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Notwithstanding the foregoing, Landlord, at the time it grants approval for a proposed Alteration (defined in Section IX.C), shall advise Tenant whether the Alteration and/or Leasehold Improvements or any portion thereof will be designated as a Required Removable. Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner and shall not commence such removal or repair within five days of receiving written notice from Landlord of such failure, Landlord, at Tenant's expense, may remove and dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice together with reasonable supporting documentation of the amounts set forth in the invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord pursuant to the foregoing sentence.

Appears in 1 contract

Samples: Office Lease Agreement (Siebel Systems Inc)

Leasehold Improvements. All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable (defined in Section 9.01) installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Following Landlord’s receipt of final, approved plans for the Initial Alterations (as defined in Exhibit C attached to this Lease) which plans are sufficient to obtain all required permits for the construction of the Initial Alterations, Tenant may request in writing and Landlord shall respond within 30 days following Landlord’s receipt of such written request, which items of the Initial Alterations, if any, shall be deemed Required Removables. Notwithstanding the foregoing, Tenant shall not construct any Leasehold ---------------------- Improvements or otherwise alter the Premises without Landlord's prior approval if such action results in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of this Lease that portion of the Initial Alterations to Building 5 only which portion is constructed substantially in accordance with Exhibit J to this Lease Term(“Holding company Test-Fit Plan #3” prepared by RMW Architects) as reasonably and mutually determined by Landlord and Tenant. Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables.

Appears in 1 contract

Samples: Office Lease Agreement (Silicon Valley Bancshares)

Leasehold Improvements. Commencing with the Demised Premises in their "as is" condition as of the date hereof, Landlord or its designated contractor shall install in the Demised Premises those initial improvements specified in final space plans and construction and engineering drawings approved by Landlord (the "Leasehold Improvements"). Landlord shall not be obligated to provide any improvements, and the Demised Premises shall be delivered containing no property of any kind, other than the Leasehold Improvements. Landlord or its contractor shall be available as reasonably required by Tenant throughout the design construction process to provide Tenant with budgeting and value engineering assistance. Tenant shall pay all costs and expenses [including a fee for Landlord's construction management services in the amount of three percent (3%) of the cost of designing, engineering, purchasing and installing the Leasehold Improvements and the cost of any services provided by Landlord's architect or engineer] incurred in connection with the Leasehold Improvements to the extent such costs and expenses exceed an allowance in the amount of the product of Twenty and 001100 Dollars ($20.00) multiplied by the number of square feet of rentable area contained within the Demised Premises (the "Allowance"). Except as provided in the sentence which immediately follows this sentence, Tenant shall not construct receive any Leasehold ---------------------- Improvements credit, cash or otherwise alter the Premises without Landlord's prior approval if such action results in the removal or alteration of otherwise, for any material unused portion of existing Improvements (including wall the Allowance. To the extent that the Allowance is not fully utilized in designing and floor coveringsconstructing the Leasehold Improvements, ceilings, lighting fixtures or other utility installations) and Tenant shall be entitled to use (a) up to the cost product of such construction or alteration exceeds Fifty Thousand Five and 001100 Dollars ($50,0005.00) per work multiplied by the number of improvement or square feet of rentable area contained within the Demised Premises for the installation and removal of cabling, moving expenses and telecommunications equipment, and (b) up to the cost product of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Seven and 001100 Dollars ($200,000)7.00) multiplied by the number of square feet of rentable area contained within the Demised Premises as a credit against Base Annual Rent. Tenant shall pay fifty percent (50%) of Landlord's reasonable estimate of those costs and expenses (if any) which exceed the Allowance on or before the later to occur of (i) the earlier to occur of (A) the date the preliminary space plan is prepared and delivered to Tenant, and not until or (B) the date of Tenant's execution of the Lease, or (ii) the tenth (10th) day after the date Landlord gives Tenant notice of Landlord's estimate of such expenses. Tenant shall have first approved pay the plans and specifications therefor, which approval shall be deemed given if not denied in writing remainder of such estimate within ten (10) working days after Landlord shall have received Tenant's request receipt of a notice stating that the Leasehold Improvements are fifty percent (50%) complete, as reasonably determined by Landlord. Tenant shall pay for all such approvalcosts and expenses (minus any estimated payments made as aforesaid) when the Leasehold Improvements are substantially complete and Tenant receives a xxxx therefor. In Tenant shall pay such xxxx, if any, no event shall Tenant make any alterations to later than the Premises which could significantly affect the structural integrity or the exterior design earlier of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without LandlordCommencement Date or ten (10) days after Tenant's prior written consentreceipt thereof. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken amounts payable pursuant to this Exhibit by Tenant shall be done in accordance with all Laws considered Additional Rent and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention are subject to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease TermLease.

Appears in 1 contract

Samples: Work Agreement (Techteam Global Inc)

Leasehold Improvements. Tenant Landlord shall not construct any Leasehold ---------------------- Improvements or otherwise alter make the leasehold improvements to the Premises without Landlord's prior approval if such action results in shown on the removal or alteration of any material portion of existing Improvements Plans and Specifications that have been approved by Landlord (including wall and floor coverings, ceilings, lighting fixtures or other utility installations) and (a) the "Work"). Landlord shall be responsible for the cost of the Work, up to THIRTY and 00/100 DOLLARS ($30.00) per rentable square foot of the Premises, and Tenant shall be responsible for all costs of completing the Work in excess of such construction amount. Landlord and Tenant agree that all materials used in connection with the Work shall be of a quality at least equal to the quality of materials in Landlord's Building Standard Workletter, attached hereto as Exhibit "B." Within ten (10) business days after receipt of the Plans and Specifications from Tenant, and Landlord's approval thereof, Landlord shall provide Tenant with a leasehold analysis of the cost to complete the Work based on the Plans and Specifications. If the total cost to complete the Work as so determined exceeds THIRTY and 00/100 DOLLARS ($30.00) per rentable square foot of the Premises, then Tenant shall be obligated to pay to Landlord the amount of such excess, which amount shall be paid upon the later to occur of (i) the Commencement Date or alteration exceeds Fifty (ii) ten (10) business days after Landlord's delivery of an invoice therefor to Tenant. If the cost to complete the Work is less than $30.00 per rentable square foot of the Premises, then Landlord shall apply any such excess to the first monthly installment or installments of Base Rent due hereunder. In addition to the foregoing, Landlord shall provide Tenant an allowance of SIX THOUSAND DOLLARS ($6,000.00) to be used for the installation of showers and locker rooms, it being understood that if Tenant does not elect to build the showers and locker rooms, Tenant may apply such affluence to other build out costs. Landlord shall provide and install a back-up generator (the "Generator") that will supply back-up power to the Premises, the portions of the Building's HVAC system that are necessary to allow the Generator to operate Tenant's HVAC system and the fire safety equipment only. Tenant shall provide the reasonable specifications for the Generator to Landlord. Landlord shall bear the cost of the Generator, including equipment, material and installation, up to a total cost of One Hundred Forty Thousand Dollars ($50,000) per work of improvement or (b) 140,000). If the cost of total cost, as outlined above, for such Leasehold Improvements doneGenerator exceeds $140,000, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval then Tenant shall be deemed given if not denied in writing responsible for such excess costs and shall pay any such amount to Landlord within ten (10) working business days after Landlord shall have received Tenant's receipt of request for such approval. In no event shall Tenant make any alterations to the Premises which could significantly affect the structural integrity or the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Agreement of Lease (Genencor International Inc)

Leasehold Improvements. Tenant All improvements to the Premises (collectively, “Leasehold improvements”) shall not construct any Leasehold ---------------------- Improvements or otherwise alter he owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord's , by written notice to Tenant within 30 days prior approval if such action results to the Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the removal or alteration of any material portion of existing Improvements (including wall and floor coverings, ceilings, lighting fixtures Premises or other utility installations) portions of the Building, Campus and/or Project; and (a) the cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements ($200,000collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type. However, it is agreed that Required Removables shall not until include any usual office improvements such as gypsum board, partitions, ceiling grids and tiles, fluorescent lighting panels, Building standard doors and non-glued down carpeting. The Required Removables designated by Landlord shall have first approved be removed by Tenant before the plans and specifications thereforTermination Date, which approval provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 10 Business Days after the Termination Date for the sole purpose of removing the Required Removables. Tenant’s possession of the Premises shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations subject to the Premises which could significantly affect the structural integrity or the exterior design all of the Improvements. Notwithstanding anything to the contrary contained in terms and conditions of this Lease, Tenant shall have including the right obligation to reconfigure demountable walls and partitions without Landlord's prior written consent. All such approved Leasehold Improvements shall be installed by Tenant pay Rent on a per diem basis at Tenant's expense the rate in substantial compliance with effect for the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone last month of the commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Leasehold Improvements so long as it repairs all repair damage caused by the installation or removal thereof of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant’s expense, may remove and returns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination dispose of the Lease TermRequired Removables and perform the required repairs. Tenant, all Leasehold Improvements within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable and actual costs incurred by Landlord. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined in Section IX.C), may request in writing that Landlord advise Tenant does not elect to remove shall be surrendered to Landlord as a part of whether the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all Alteration or any portion of the value or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration or earlier termination of the Lease Term.Alteration will be

Appears in 1 contract

Samples: Office Lease Agreement (Cardica Inc)

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