Common use of Performance of Alterations Clause in Contracts

Performance of Alterations. All Alterations shall be installed at Tenant's sole expense, in compliance with all applicable laws, by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Property, and Tenant shall not remove any Alterations from the Premises unless Tenant has first obtained Landlord's written consent to such removal. Landlord may require Tenant to remove, at Tenant's expense, any Alterations from the Premises at the expiration or earlier termination of this Lease; provided, however, that at the time any Alterations are constructed, Tenant shall have the right to request Landlord's written approval (which shall not be unreasonably withheld or delayed) that Landlord will not require the removal of such Alterations at the expiration or earlier termination of this Lease. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant's intention to perform work on the Premises at least ten (10) days prior to the commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove (i) any of the initial Tenant Improvements constructed by or on behalf of Tenant, and (ii) any alterations, additions or improvements for which Tenant has obtained Landlord's consent, but only if at the time Tenant requested Landlord's consent thereto, Tenant gave Landlord a written request that Landlord identify in writing which, if any, of Tenant's alterations, additions or improvements must in Landlord's sole discretion be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (20) days after Landlord's receipt of such notice that such alterations, additions or improvements must be removed upon the expiration of the Term.

Appears in 2 contracts

Samples: Lease (Broadvision Inc), Lease (Broadvision Inc)

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Performance of Alterations. All Tenant's Alterations permitted hereunder shall be installed at performed by contractors or workmen selected by or otherwise approved by Landlord (which approval shall be deemed given if not objected to by Landlord within fifteen (15) days of its receipt from Tenant of Tenant's sole expensewritten request for and Landlord's approval thereof). Tenant, before its work is started, must: (i) secure all required licenses and permits; (ii) deliver to Landlord a statement of the names of all of its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them; and (iii) cause each contractor to: (a) carry workmen's compensation insurance in compliance statutory amounts covering all of the contractor's and subcontractor's employees and comprehensive public liability insurance and property damage insurance with such limits as Landlord shall require; and (b) deliver to Landlord certificates of all such insurance. Tenant shall pay promptly when due the entire cost of any work done on the Demised Premises by Tenant, its agents, employees or independent contractors. Prior to paying any contractors and subcontractors for work performed hereunder to the extent permitted by law, Tenant shall obtain lien waivers from such contractors and subcontractors, and shall deliver copies thereof to Landlord. With respect to Alterations or other work permitted or required hereunder in excess of two hundred thousand dollars ($200,000.00) and if Landlord (or any Mortgagee) so requests, Tenant must promptly obtain from Tenant's contractors performing any such work a performance and payment bond covering such contractor's obligations and in which Tenant and Landlord and/or Mortgagee, as applicable, shall be named as dual obligees. After completing any of the work permitted herein, Tenant shall provide Landlord drawings of any such Alterations made by Tenant, which drawings accurately depict the location of all such Alterations. Any such Alteration made by Tenant after such consent shall have been obtained shall be made strictly in accordance with all applicable laws, by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement DateLaws, and all such Alterations shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Property, and Tenant shall not remove any Alterations from the Premises unless Tenant has first obtained Landlord's written consent to such removal. Landlord may require Tenant to remove, at Tenant's expense, any Alterations from the Premises at or upon the expiration or earlier termination of this Lease; provided, however, that at the time any Alterations are constructed, Tenant shall have the right to request Landlord's written approval (which shall not be unreasonably withheld or delayed) that Landlord will not require the removal of such Alterations at the expiration or earlier sooner termination of this Lease. At Landlord's option, Landlord may require that Tenant remove any such Alteration to the Demised Premises upon the expiration or sooner termination of the Lease and to restore the Demised Premises to the condition prior to such Alteration, all at the expense of Tenant. All such work shall be done by Tenant in a good and workmanlike manner and be diligently performed to completion. Notwithstanding anything herein to the contrary, if any other provision Alteration by Tenant affects the foundation or "footprint" of this Leaseany building, upon completion of such Alteration, Tenant shall be solely responsible for provide Landlord with a then current as-built ALTA survey of the maintenance and repair Demised Premises depicting the location of any and all Alterations made by it the Alteration to the foundation or "footprint" and providing evidence that such Alteration does not encroach upon any easements or setback lines applicable to the Demised Premises. In no event may Tenant shall give Landlord written notice of Tenant's intention to perform work remove or demolish any building or improvement on the Premises at least ten (10) days prior to the commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove (i) any of the initial Tenant Improvements constructed by or on behalf of Tenant, and (ii) any alterations, additions or improvements for which Tenant has obtained Landlord's consent, but only if at the time Tenant requested Landlord's consent thereto, Tenant gave Landlord a written request that Landlord identify in writing which, if any, of Tenant's alterations, additions or improvements must in Landlord's sole discretion be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (20) days after Landlord's receipt of such notice that such alterations, additions or improvements must be removed upon the expiration of the TermDemised Premises.

Appears in 1 contract

Samples: Net Lease Agreement (First Chester County Corp)

Performance of Alterations. All Alterations shall be installed at Tenant's ’s sole expense, in compliance with all applicable laws, by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's ’s Personal Property, and Tenant shall not remove any Alterations from the Premises unless Tenant has first obtained Landlord's ’s written consent to such removal. Landlord may require Tenant to remove, at Tenant's ’s expense, any Alterations from the Premises at the expiration or earlier termination of this Lease; provided, however, that at the time any Alterations are constructed, Tenant shall have the right to request Landlord's ’s written approval (which shall not be unreasonably withheld or delayed) that Landlord will not require the removal of such Alterations at the expiration or earlier termination of this Lease. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant's ’s intention to perform work on the Premises at least ten (10) days prior to the commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove (i) any of the initial Tenant Improvements constructed by or on behalf of Tenant, and (ii) any alterations, additions or improvements for which Tenant has obtained Landlord's ’s consent, but only if at the time Tenant requested Landlord's ’s consent thereto, Tenant gave Landlord a written request that Landlord identify in writing which, if any, of Tenant's ’s alterations, additions or improvements must in Landlord's ’s sole discretion be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (20) days after Landlord's ’s receipt of such notice that such alterations, additions or improvements must be removed upon the expiration of the Term.

Appears in 1 contract

Samples: Lease (BigBand Networks, Inc.)

Performance of Alterations. All Alterations shall be installed at (A) Tenant's sole expense, in compliance with all applicable laws, by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Property, and Tenant shall not remove any Alterations from the Premises unless Tenant has first obtained Landlord's written consent to such removal. Landlord may require Tenant to remove, at Tenant's ’s expense, prior to the performance of any Alterations from the Premises at the expiration or earlier termination of this Lease; providedAlteration, howevershall obtain all permits, that at the time approvals and certificates required by any Alterations are constructed, Tenant Governmental Authorities in connection therewith. Landlord shall have the right to request Landlord's written approval require Tenant to make all filings with Governmental Authorities to obtain such permits, approvals and certificates using an expeditor designated reasonably by Landlord (which provided that the charges imposed by such expeditor are commercially reasonable). Landlord shall not execute any applications for any permits, approvals or certificates required to be unreasonably withheld or delayedobtained by Tenant in connection with any permitted Alteration (provided that the applicable Requirement requires Landlord to execute such application) that Landlord will not require the removal of such Alterations at the expiration or earlier termination of this Lease. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant's intention to perform work on the Premises at least within ten (10) days Business Days after Tenant’s request from time to time and shall otherwise cooperate reasonably with Tenant in connection therewith. Landlord shall execute any applications for any permits, approvals or certificates required to be obtained by Tenant in connection with any permitted Alteration (provided that the applicable Requirement requires Landlord to execute such application) within ten (10) Business Days after Tenant’s request from time to time and shall otherwise cooperate reasonably with Tenant in connection therewith. Landlord shall so execute such applications, as aforesaid, prior to Landlord’s approval of (or Landlord’s being deemed to have approved) the commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Notwithstanding anything applicable Alteration (to the contrary contained hereinextent that this Article 7 requires Tenant to obtain Landlord’s consent to such Alteration), with the understanding, however, that (i) Tenant shall not be required have any right to remove (i) any commence the performance of the initial applicable Alteration unless and until Landlord approves (or is deemed to have approved) the applicable Alteration (to the extent that this Article 7 requires Tenant Improvements constructed by or on behalf to obtain Landlord’s approval of Tenantsuch Alteration), (ii) Landlord’s so executing such application shall not diminish Landlord’s right to withhold Landlord’s approval of the applicable Alteration (to the extent otherwise permitted under this Article 7), and (iiiii) if Landlord withholds Landlord’s approval of the applicable Alteration (to the extent otherwise permitted under this Article 7), then Tenant, at Tenant’s cost, shall withdraw such application promptly. Tenant shall reimburse Landlord for any alterationsreasonable Out-of-Pocket Costs, additions or improvements for which Tenant has obtained Landlord's consentincluding, but only if at the time Tenant requested Landlord's consent theretowithout limitation, Tenant gave Landlord a written request reasonable attorneys’ fees and disbursements, that Landlord identify incurs in writing whichso executing such applications and cooperating with Tenant, if any, of Tenant's alterations, additions or improvements must in Landlord's sole discretion be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty thirty (2030) days after Landlord's receipt of such notice the date that such alterations, additions or improvements must be removed upon the expiration of the TermLandlord gives to Tenant an invoice therefor from time to time.

Appears in 1 contract

Samples: Lease (fuboTV Inc. /FL)

Performance of Alterations. Tenant shall complete all Alterations promptly and in conformity with the standards set forth in this Article. During the performance of any Alterations, Tenant shall carry "Builder's Risk" insurance naming Landlord and Landlord's mortgagee (provided Tenant has received a non-disturbance agreement in the form specified herein from such mortgagee) as additional insureds, in commercially reasonable amounts. All Alterations performed pursuant to this Article shall be installed at Tenant's sole expensedone pursuant to validly issued permits, if required, and in compliance conformity with all applicable lawslaws and ordinances. Tenant shall give Landlord copies of all permits (including occupancy permits) within ten (10) days after request therefor from Landlord. In the event governmental approval is required for any Alterations, by a licensed contractorupon completion of such Alterations, Tenant shall be done in a good and workmanlike manner conforming in quality and design provide Landlord with copies of revised plans for the Premises existing as of the Commencement Datereflecting such Alterations. Landlord shall cooperate with, and shall not diminish the value of either the Building assist, Tenant in all reasonable respects in connection with obtaining any necessary permits and approval from governmental authorities having jurisdiction with respect to any Alteration that Tenant desires to perform in or to the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Property, and Tenant shall not remove any Alterations from the Premises unless Tenant has first obtained Landlord's written consent to such removal. Landlord may require Tenant to remove, at Tenant's expense, any Alterations from the Premises at the expiration or earlier termination of this Lease; provided, however, that at the time any Alterations are constructed, Tenant shall have the right to request Landlord's written approval (which Landlord shall not be unreasonably withheld obligated to incur any expense (other than Landlord's own administrative expense and overhead) in connection with any such cooperation or delayed) that Landlord will not require the removal of assistance, and provided, further, that, with respect to any such Alterations at that shall require Landlord's consent pursuant to the expiration or earlier termination of this Lease. Notwithstanding any other provision provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant's intention to perform work on the Premises at least ten (10) days prior to the commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove (i) any of the initial Tenant Improvements constructed by or on behalf of Tenant, and (ii) any alterations, additions or improvements for which Tenant has have theretofore obtained Landlord's consent, but only if at the time Tenant requested Landlord's prior written consent thereto, Tenant gave Landlord a written request that Landlord identify in writing which, if any, of Tenant's alterations, additions or improvements must in Landlord's sole discretion be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (20) days after Landlord's receipt of such notice that such alterations, additions or improvements must be removed upon the expiration of the Term.

Appears in 1 contract

Samples: Lease Agreement (Murray Income Properties Ii LTD)

Performance of Alterations. All The work necessary to make any Alterations requiring Landlord’s consent pursuant to the provisions contained in Section 12.2 hereof (“Major Alterations”) shall be performed by employees or contractors of Landlord, or, with Landlord’s prior written consent, by contractors employed by Tenant and reasonably approved by Landlord. If Major Alterations, are with Landlord consent performed by Tenant’s employees or contractors Tenant shall deliver to Landlord, for its review and approval prior to commencing any such Major Alterations, copies of all contracts and subcontracts related to such Major Alterations, and plans, working drawings and specifications necessary to perform such work. Major Alterations shall be installed at Tenant's sole expenseperformed subject to any conditions reasonable under the circumstances as Landlord may impose, including, without limitation, furnishing Landlord with security for the payment of all costs to be incurred in compliance connection with all applicable lawssuch Alterations and insurance against liabilities which may arise therefrom, as reasonably determined by a licensed contractor, Landlord. All Alterations performed by Tenant or its contractors shall be done in a good and workmanlike manner conforming using only good grades of materials and shall comply with all insurance requirements and all Laws. Tenant shall permit Landlord to review and inspect all Alterations during construction. Tenant shall promptly pay to Tenant’s contractors, when due, the cost of all work and of all decorating required in quality connection with any Alterations, and design with the Premises existing as all supervising fees, and upon completion of the Commencement Date, and shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Property, and Tenant shall not remove any Alterations from the Premises unless Tenant has first obtained Landlord's written consent to such removal. Landlord may require Tenant to remove, at Tenant's expense, any Alterations from the Premises at the expiration or earlier termination of this Lease; provided, however, that at the time any Alterations are constructedAlterations, Tenant shall have deliver to Landlord evidence of payment and full and final waivers of all liens for labor, services or materials. Except to the right to request extent caused by Landlord's written approval (which shall not be unreasonably withheld ’s gross negligence or delayed) that Landlord will not require the removal of such Alterations at the expiration or earlier termination of this Lease. Notwithstanding any other provision of this Leasewillful misconduct, Tenant shall be solely responsible for indemnify, defend and hold Landlord and its partners and their respective officers, shareholders, directors, partners, agents and employees (collectively, the maintenance “Landlord Parties”) harmless from all claims, causes of action, liabilities, losses, costs, damages, liens and repair of expenses related to any and all Alterations made performed by it to the PremisesTenant’s employees or contractors. Tenant shall give pay to Landlord written notice of Tenant's intention to perform work on the Premises at least ten (10) days prior to the commencement of such work to enable all reasonable costs and expenses incurred by Landlord to post for Landlord’s review and record a Notice of Nonresponsibility or other notice deemed proper before the commencement approval of any such work. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove (i) any of the initial Tenant Improvements constructed Major Alterations performed by Tenant’s employees or on behalf of Tenant, and (ii) any alterations, additions or improvements for which Tenant has obtained Landlord's consent, but only if at the time Tenant requested Landlord's consent thereto, Tenant gave Landlord a written request that Landlord identify contractors in writing which, if any, of Tenant's alterations, additions or improvements must in Landlord's sole discretion be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (20) days after Landlord's receipt of such notice that such alterations, additions or improvements must be removed upon the expiration of the Termaccordance with this Section 12.3.

Appears in 1 contract

Samples: Lease (Coleman Cable, Inc.)

Performance of Alterations. All The work necessary to make any Alterations requiring Landlord's consent shall be done by employees of or contractors employed by Landlord or, with Landlord's prior written consent, by contractors and subcontractors arranged for by Tenant and approved by Landlord. If Alterations are, with Landlord's consent, performed by contractors employed by Tenant, Tenant shall deliver to Landlord, for its review and approval prior to commencing any such Alterations, copies of all contracts and subcontracts related to such Alterations, and plans, working drawings and specifications necessary to perform such work. Landlord's review of Tenant's plans, specifications or working drawings shall impose no responsibility or liability on Landlord, and shall not constitute a representation, warranty or guarantee by Landlord, with respect to the completeness, design, sufficiency or compliance thereof with any Laws. In addition, Alterations shall be installed at Tenant's sole expenseperformed subject to all of the following conditions by Tenant and its contractors and subcontractors: insuring against liabilities which may arise out of such Alterations, as determined by Landlord; obtaining necessary licenses and permits; contractor and subcontractor lien waivers; affidavits listing all contractors, subcontractors and suppliers; use of union labor (if Landlord uses union labor); affidavits from engineers acceptable to Landlord stating that the Alterations will not adversely affect the systems and equipment or the structure of the Building; and requirements as to the manner and times in compliance with all applicable laws, which such Alterations shall be done. All Alterations performed by a licensed contractor, Tenant or its contractors shall be done in a good and first-class, workmanlike manner conforming in quality using only new and design with the Premises existing as good grades of the Commencement Date, materials and shall not diminish the value of either the Building or the Premisescomply with all insurance requirements and all Laws. All Alterations made by Tenant shall be permit Landlord to observe and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Propertyinspect all Alterations, and Tenant shall not remove any Alterations from the Premises unless Tenant has first obtained Landlord's written consent reimburse Landlord for its actual, reasonable out of pocket costs and expenses payable to third parties and related to such removalobservation and inspection. Tenant shall promptly pay to Landlord may require Tenant and/or to remove, at Tenant's expensecontractors, as the case may be, when due, the cost of all work and of all decorating required in connection with any Alterations from Alterations, and if payment is made directly to Tenant's contractors, upon completion of the Premises at the expiration or earlier termination of this Lease; provided, however, that at the time any Alterations are constructedAlterations, Tenant shall have deliver to Landlord evidence of payment and full and final waivers of all liens for labor, services or materials. Except to the right to request extent caused by Landlord's written approval (which shall not be unreasonably withheld negligence or delayed) that Landlord will not require the removal of such Alterations at the expiration or earlier termination of this Lease. Notwithstanding any other provision of this Leasewillful misconduct, Tenant shall be solely responsible for indemnify, defend and hold Landlord and its owners and their respective officers, shareholders, directors, partners, agents and employees (collectively, the maintenance "Landlord Parties") harmless from all claims, causes of action, liabilities, losses, costs, damages, liens and repair of expenses related to any and all Alterations made performed by it to the Premises. Tenant shall give Landlord written notice of Tenant's intention to perform work on the Premises at least ten (10) days prior to the commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove (i) any of the initial Tenant Improvements constructed by its contractors or on behalf of Tenant, and (ii) any alterations, additions or improvements for which Tenant has obtained Landlord's consent, but only if at the time Tenant requested Landlord's consent thereto, Tenant gave Landlord a written request that Landlord identify in writing which, if any, of Tenant's alterations, additions or improvements must in Landlord's sole discretion be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (20) days after Landlord's receipt of such notice that such alterations, additions or improvements must be removed upon the expiration of the Termsubcontractors.

Appears in 1 contract

Samples: Innotrac Corp

Performance of Alterations. All Alterations shall be installed at Tenant's sole expense, in compliance with all applicable laws, performed by a licensed contractor, shall be done Tenant in a good and workmanlike manner conforming according to plans and specifications approved by Landlord in quality and design accordance with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the PremisesSection 8.1(a). All Alterations made shall comply with law and insurance requirements. All Alterations will be performed by qualified contractors that meet Landlord’s reasonable insurance requirements and are otherwise reasonably approved by Landlord. If Landlord does not respond to Tenant’s request for consent to any firm or contractor for Alterations work within 10 days after Landlord receives Tenant’s request then Tenant shall be give to Landlord a reminder notice stating in all-capital bold-faced type, “IF LANDLORD FAILS TO RESPOND TO THIS REMINDER NOTICE OF REQUEST FOR CONSENT TO A FIRM OR CONTRACTOR WITHIN 5 DAYS THEN LANDLORD SHALL BE DEEMED TO HAVE APPROVED SUCH REQUEST”, and become the property of if Landlord upon installation and fails to respond to such reminder notice within such 5 days then Landlord shall not be deemed Tenant's Personal Propertyto have approved such request. Once Landlord approves a firm or contractor, and Tenant need not resubmit such firm or contractor for approval for the same project unless Landlord withdraws such approval by giving to Tenant notice, which withdrawal shall state the reasons therefor. Promptly after completing any Alterations requiring Landlord’s consent hereunder, Tenant shall not remove any deliver to Landlord “as-built” Plans for such Alterations from the Premises unless Tenant has first obtained Landlord's written consent to prepared on an AutoCAD Computer Assisted Drafting and Design System (or such removal. other system or medium as Landlord may require Tenant accept) (the “CAD System”), using naming conventions issued by the American Institute of Architects in June, 1990 (or such other naming conventions as Landlord may accept) and magnetic computer media of such record drawings and specifications translated into DFX format or another format acceptable to removeLandlord. Tenant, at Tenant's ’s expense, shall, as and when required, promptly obtain certificates of partial and final approval of such Alterations required by any Alterations from the Premises at the expiration governmental or earlier termination quasi-governmental entity and shall furnish Landlord with copies thereof. Upon completion of this Lease; provided, however, that at the time any Alterations are constructedsuch Alterations, Tenant shall have provide to Landlord copies of all construction contracts, proof of payment for all labor and materials, a copy of the right to request Landlord's written approval (which shall not be unreasonably withheld or delayed) that Landlord will not require the removal of such Alterations at the expiration or earlier termination of this Lease. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written recorded notice of Tenant's intention to perform work on the Premises at least ten (10) days prior to the commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove (i) any of the initial Tenant Improvements constructed by or on behalf of Tenantcompletion, and (ii) any alterationsfinal unconditional waivers of lien from all contractors, additions or improvements for which Tenant has obtained Landlord's consentsubcontractors, but only if at materialmen, suppliers and others having lien rights with respect to such Alterations, in the time Tenant requested Landlord's consent thereto, Tenant gave Landlord a written request that Landlord identify in writing which, if any, of Tenant's alterations, additions or improvements must in Landlord's sole discretion be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (20) days after Landlord's receipt of such notice that such alterations, additions or improvements must be removed upon the expiration of the Termform prescribed by Illinois law.

Appears in 1 contract

Samples: Office Lease (Cme Group Inc.)

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Performance of Alterations. All Alterations shall be installed at -------------------------- Tenant's sole expense, in compliance with all applicable laws, by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Property, and Tenant shall not remove any Alterations from the Premises unless Tenant has first obtained Landlord's written consent to such removal. Landlord may require Tenant to remove, at Tenant's expense, any Alterations from the Premises at the expiration or earlier termination of this Lease; provided, however, that at the time any Alterations are constructed, Tenant shall have the right to request Landlord's written approval (which shall not be unreasonably withheld or delayed) that Landlord will not require the removal of such Alterations at the expiration or earlier termination of this Lease. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant's intention to perform work on the Premises at least ten (10) days prior to the commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove (i) any of the initial Tenant Improvements constructed by or on behalf of Tenant, and (ii) any alterations, additions or improvements for which Tenant has obtained Landlord's consent, but only if at the time Tenant requested Landlord's consent thereto, Tenant gave Landlord a written request that Landlord identify in writing which, if any, of Tenant's alterations, additions or improvements must in Landlord's sole discretion be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (20) days after Landlord's receipt of such notice that such alterations, additions or improvements must be removed upon the expiration of the Term.

Appears in 1 contract

Samples: Lease (At Home Corp)

Performance of Alterations. All Alterations shall be installed at Tenant's sole expense, in compliance with all applicable laws, by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Property, and Tenant shall not remove any Alterations from the Premises unless Tenant has first obtained Landlord's written consent to such removal. Landlord may require Tenant to remove, at Tenant's expense, any Alterations from the Premises at au the expiration or earlier termination of this Lease; provided, however, that at the time any Alterations are constructed, Tenant shall have the right to request Landlord's written approval (which shall not be unreasonably withheld or delayed) that Landlord will not require the removal of such Alterations at the expiration or earlier termination of this Lease. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant's intention to perform work on the Premises at least ten (10) days prior to the commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove (i) any of the initial Tenant Improvements constructed by or on behalf of Tenant, and (ii) any alterations, additions or improvements for which Tenant has obtained Landlord's consent, but only if at the time Tenant requested Landlord's consent thereto, Tenant gave Landlord a written request that Landlord identify in writing which, if any, of Tenant's alterations, additions or improvements must in Landlord's sole discretion be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (20) days after Landlord's receipt of such notice that such alterations, additions or improvements must be removed upon the expiration of the Term.

Appears in 1 contract

Samples: Nondisturbance and Attornment Agreement (Realnames Corp)

Performance of Alterations. All Alterations shall be installed at (A) Tenant's sole expense, in compliance with all applicable laws, by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Property, and Tenant shall not remove any Alterations from the Premises unless Tenant has first obtained Landlord's written consent to such removal. Landlord may require Tenant to remove, at Tenant's expense, prior to the performance of any Alteration, shall obtain all permits, approvals and certificates required by any Governmental Authorities in connection therewith. Tenant shall make all filings with Governmental Authorities to obtain such permits, approvals and certificates using (i) Archetype Consultants, Inc. or another expeditor selected by Tenant and approved by Landlord in its sole discretion for Tenant's Initial Alterations (it being understood that Milrose Consultants, Inc. shall be deemed to be approved by Landlord) and (ii) an expeditor that Tenant designates and that Landlord approves, which approval Landlord shall not unreasonably withhold, condition or delay, for all other Alterations. Landlord shall execute any applications for any permits, approvals or certificates required to be obtained by Tenant in connection with any permitted Alteration (provided that the applicable Requirement requires Landlord to execute such application) within seven (7) Business Days after Tenant's request from time to time and shall otherwise cooperate reasonably with Tenant in connection therewith. Landlord shall so execute such applications, as aforesaid, prior to Landlord's approval of (or Landlord's being deemed to have approved) the Premises at applicable Alteration (to the expiration or earlier termination extent that this Article 7 requires Tenant to obtain Landlord's approval of this Lease; providedsuch Alteration), with the understanding, however, that at the time any Alterations are constructed, (i) Tenant shall not have the any right to request commence the performance of the applicable Alteration unless and until Landlord approves (or is deemed to have approved) the applicable Alteration (to the extent that this Article 7 requires Tenant to obtain Landlord's written approval of such Alteration), (which ii) Landlord's so executing such application shall not be unreasonably withheld or delayed) that Landlord will not require diminish Landlord's right to withhold Landlord's approval of the removal of such Alterations at the expiration or earlier termination of this Lease. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it applicable Alteration (to the Premisesextent otherwise permitted under this Article 7), and (iii) if Landlord disapproves the applicable Alteration, or conditions Landlord's approval of the applicable Alteration on revisions to the plans and specifications for such Alteration (in each case to the extent otherwise permitted under this Article 7), then Tenant, at Tenant's cost, shall withdraw such application promptly or amend such application to reflect the applicable Alteration approved by Landlord. Tenant shall give reimburse Landlord written notice of Tenant's intention to perform work on the Premises at least ten (10) days prior to the commencement of for any Out-of-Pocket Costs, including, without limitation, reasonable attorneys' fees and disbursements, that Landlord incurs in so executing such work to enable Landlord to post applications and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove (i) any of the initial Tenant Improvements constructed by or on behalf of cooperating with Tenant, and within thirty (ii) any alterations, additions or improvements for which Tenant has obtained Landlord's consent, but only if at the time Tenant requested Landlord's consent thereto, Tenant gave Landlord a written request that Landlord identify in writing which, if any, of Tenant's alterations, additions or improvements must in Landlord's sole discretion be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (2030) days after the date that Landlord gives to Tenant an invoice therefor from time to time. Tenant's architect shall be permitted to self-certify with The New York City Department of Buildings the plans and specifications in respect of Alterations to the extent permitted by applicable Requirements, provided that (a) Tenant's plans for such Alterations have been approved (or deemed approved) by Landlord in accordance with this Article 7 (to the extent that this Article 7 requires Tenant to obtain Landlord's receipt approval of such notice that Alteration) and (b) Tenant uses an expeditor approved by Landlord in accordance with the terms of this Section 7.4(A) with respect to any Alt-1 Application required to be filed in connection with any such alterations, additions or improvements must be removed upon the expiration of the TermAlterations.

Appears in 1 contract

Samples: Lease (Clear Secure, Inc.)

Performance of Alterations. All The work necessary to make any -------------------------- Alterations shall be installed at Tenant's sole expensedone by contractors approved by Landlord, in compliance with all applicable laws, by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and which approval shall not be deemed Tenant's Personal Propertyunreasonably withheld or delayed. If Alterations are, and Tenant shall not remove any Alterations from the Premises unless Tenant has first obtained with Landlord's written consent to such removal. Landlord may require Tenant to removeconsent, at performed by contractors employed by Tenant's expense, any Alterations from the Premises at the expiration or earlier termination of this Lease; provided, however, that at the time any Alterations are constructed, Tenant shall have the right deliver to request Landlord's written approval (, for its review and approval, which shall not be unreasonably withheld or delayed) that , prior to commencing any such Alterations, copies of all contracts and subcontracts related to such Alterations, and plans, working drawings and specifications necessary to perform such work. Landlord's review of Tenant's plans, specifications or working drawings shall impose no responsibility or liability on Landlord, and shall not constitute a representation, warranty or guarantee by Landlord, with respect to the completeness, design, sufficiency or compliance thereof with any Laws. Alterations shall be performed subject to any reasonable conditions Landlord will not require may impose, including, without limitation, furnishing Landlord with reasonable security for the removal payment of all costs to be incurred in connection with such Alterations and insurance against liabilities which may arise out of such Alterations, as reasonably determined by Landlord. All Alterations at the expiration performed by Tenant or earlier termination its contractors shall be done in a first-class, workmanlike manner using only good grades of this Leasematerials and shall comply with all insurance requirements and all Laws. Notwithstanding any other provision of this LeaseOther than out-of-pocket costs incurred by Landlord which shall be reimbursed by Tenant upon demand (i.e., consultant fees), Tenant shall be solely responsible for the maintenance and repair of any and permit Landlord to supervise all Alterations made by it at no cost to Tenant if Tenant's employees or contractors perform the PremisesAlterations. Landlord will charge Tenant a supervising fee not to exceed ten percent (10%) of the total cost of the Alterations, including, without limitation, all labor and material costs, if Landlord's employees or contractors perform the Alterations. Tenant shall give promptly pay to Landlord written notice of and/or to Tenant's intention contractors, as the case may be, when due, the cost of all work and of all decorating required in connection with any Alterations, and all supervising fees, and if payment is made directly to perform work on Tenant's contractors, upon completion of the Alterations, Tenant shall deliver to Landlord evidence of payment and full and final waivers of all liens for labor, services or materials. Tenant covenants and agrees not to suffer or permit any liens to be placed against the Property or the Premises at least ten (10) days prior relating to the commencement of such work to enable Landlord to post any Alterations, and record a Notice of Nonresponsibility or other notice deemed proper before the commencement in case of any such work. Notwithstanding anything to the contrary contained hereinlien attaching or claim thereof being asserted, Tenant shall not be required to remove covenants and agrees no later than thirty (30) days from the filing thereof or such claim being asserted (i) any to cause it to be released and removed of the initial Tenant Improvements constructed by record or on behalf of Tenant, and (ii) any alterationsto provide Landlord, additions with endorsements (reasonably satisfactory to Landlord and Mortgagee) to Landlord and Mortgagee's title insurance policies insuring against that existence of or improvements for which Tenant has obtained Landlord's consent, but only if at the time Tenant requested Landlord's consent thereto, Tenant gave Landlord a written request that Landlord identify in writing which, if any, attempted enforcement of Tenant's alterations, additions or improvements must in Landlord's sole discretion be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (20) days after Landlord's receipt of such notice that such alterations, additions or improvements must be removed upon the expiration of the Term.such

Appears in 1 contract

Samples: Lease (Omnicell Com /Ca/)

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