Tenant Alterations. Except for alterations, repairs, additions, or improvements to the Premises after the Commencement Date that (a) cost $25,000 or less for any such changes and cost $50,000 or less during any consecutive twelve month period, (b) do not affect the Base Building or the exterior appearance of the Building, and (c) do not adversely affect Landlord's ability to perform any of its obligations under this Lease, including without limitation, the delivery of Building services, Tenant shall not make any alterations, repairs, additions or improvements in, to, or about the Premises (collectively "Tenant Alterations") without the prior, written consent of Landlord. As a condition to such consent, Landlord shall be allowed to (i) reasonably approve all plans, (ii) require satisfactory insurance from Tenant's contractors, and (iii) reasonably approve Tenant's contractors. If Landlord's consent is granted, any such Tenant Alterations shall be at Tenant's sole cost and expense. Tenant agrees to make applications for and receive building permits and other required permits from applicable local municipal authorities, state and federal agencies necessary to make such Tenant Alterations. Tenant Alterations and all other leasehold improvements shall be (i) designed, constructed, and installed in accordance with all applicable Laws (including, without limitation, the Disability Acts) and (ii) constructed and installed in a good and workmanlike manner. The plans for the proposed Tenant Alterations shall include all improvements which must be made pursuant to the Disability Acts as a result of the construction or installation of Tenant Alterations. Tenant's architect shall certify to Landlord that the plans for the proposed Tenant Alterations comply with applicable Laws, including, but not limited to the Disability Acts, with the understanding that such certificate shall not be binding on Landlord, but Landlord shall have the right to rely on same.
Appears in 1 contract
Sources: Agreement to Sell and Purchase (Sabre Holdings Corp)
Tenant Alterations. Except for alterations, repairs, additions, or improvements to the Premises after the Commencement Date that (a) cost $25,000 or less for any such changes and cost $50,000 or less during any consecutive twelve month period, (b) do not affect the Base Building or the exterior appearance of the Building, and (c) do not adversely affect Landlord's ability to perform any of its obligations under this Lease, including without limitation, the delivery of Building services, Tenant shall not make any alterations, repairs, additions or improvements in, to, (collectively referred to as “Tenant Alterations”) in or about to the Premises (collectively "Tenant Alterations") without the prior, prior written consent of Landlord. As a condition to , which consent shall not be unreasonably withheld, delayed or conditioned, provided that such consent, Landlord shall be allowed to proposed Tenant Alterations (i) reasonably approve all plansare nonstructural, (ii) require satisfactory insurance from Tenant's contractorsdo not affect the Building’s HVAC, and plumbing, electrical, life safety or mechanical systems or services, (iii) reasonably approve Tenant's contractorsdo not affect any part of the Building other than the Premises, (iv) do not adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building and (v) do not reduce the value or utility of the Building. Tenant shall be permitted to make, without Landlord’s consent, Tenant Alterations not exceeding $100,000.00 in any twelve (12) month period in value and for which Tenant is not required to obtain a permit from the applicable municipality and if such Alterations are of the type described in clauses (i), (ii), (iii) and (iv) above (“Permitted Alterations”). Any other Tenant Alteration may be approved or disapproved by Landlord for any reason or for no reason. If Landlord's consent is granted, Landlord consents to any Tenant Alterations to the Premises such Tenant Alterations shall be performed (a) at Tenant's sole cost ’s expense pursuant to plans and expensespecifications approved by Landlord (not to be unreasonably withheld, conditioned or delayed) and (b) by a reputable and qualified contractor licensed in the State of California and reasonably approved by Landlord, and subject to any commercially reasonable covenants and conditions required by Landlord, including, without limitation, any commercially reasonable construction rules and regulations promulgated by Landlord for the Building. Landlord’s approval of any plans and specifications for alterations, improvements, modifications or additions to the Premises or the Property shall not constitute a representation or warranty of Landlord (x) as to the adequacy or sufficiency of such drawings, plans and specifications, or alterations, improvements, modifications or additions to which they relate, for any use, purpose or conditions, (y) that such drawings, plans and specifications or any action taken pursuant thereto or in reliance thereon complies with, or is not in violation of, any applicable laws, rules or regulations or any standard of due care regarding engineering or structural design or quality of material, and Landlord does not assume any liability or responsibility therefor nor for any defect in construction from said drawings, but such approval shall merely be the consent of Landlord as required hereunder. In no event shall Landlord be deemed to have consented to imposition of any lien against any interest of Landlord in the Building or the Premises and Landlord shall have the right, at all times, to post and to keep posted on the Premises all notices permitted and/or required by law, or which Landlord shall deem proper for the protection of Landlord and the Premises and any other parties having an interest therein, from all mechanic and materialmen’s liens, and Tenant agrees to make applications for and receive building permits and other required permits from applicable local municipal authorities, state and federal agencies necessary to make such Tenant Alterations. shall give Landlord fifteen (15) days prior notice before commencing any Tenant Alterations (other than Permitted Alterations) for such purposes and all other leasehold improvements for scheduling purposes. All Tenant Alterations shall be (i) designed, constructed, done in a good and installed workmanlike manner with first-class quality materials in accordance with all laws, ordinances, and rules and regulations of any federal, state, county, municipal, or other public authority having jurisdiction over the Premises. Tenant shall cause such work to be performed in a diligent manner and shall use commercially reasonable efforts as to minimize unreasonable interference with other tenants’ and occupants’ lawful use and enjoyment of their premises and business operations. Tenant and its contractors shall comply with all commercially reasonable requirements Landlord may reasonably impose on Tenant or its contractors with respect to such work (including but not limited to, insurance, indemnity and bonding requirements), and shall deliver to Landlord a complete copy of the “as-built” or final plans and specifications for all Alterations so made in or to the Premises within thirty (30) days of completing the work (provided the work was of such a nature that such plans were actually prepared). Tenant shall not place safes or vaults in the Premises without Landlord’s prior written consent, which shall not be reasonably withheld or delayed.
(b) Any mechanic’s lien filed against the Premises or the Building for work or materials furnished to Tenant at Tenant’s request shall be discharged by Tenant, by payment or by bonding of such lien by a reputable casualty or insurance company reasonably satisfactory to Landlord within twenty (20) days from the date of receipt of notice of the lien (provided that any such bond must be sufficient under applicable Laws law to release the Premises and the Property from the lien). Should any action, suit, or proceeding be brought upon any such lien for the enforcement or foreclosure of the same, Tenant shall pay for Landlord’s reasonable attorneys’ fees for the defense of Landlord therein, by counsel reasonably satisfactory to Landlord, and satisfy and discharge any judgment entered therein against Landlord.
(c) Tenant shall indemnify, defend and hold Landlord harmless from any (i) injury, damage, cost or loss sustained by persons or property as a result of any defect in the design, material or workmanship of Tenant Alterations, except to the extent caused by Landlord’s breach of this Lease or by the gross negligence or willful misconduct of Landlord, its agent, contractors or employees, and (ii) loss, liability, cost and expense (including, without limitation, the Disability Actsattorney’s fees and court costs) and (ii) constructed and installed incurred by Landlord, its agents, contractors, or employees, relating in a good and workmanlike manner. The plans for the proposed Tenant Alterations shall include all improvements which must be made pursuant any way to the Disability Acts as a result of the construction or installation of Tenant Alterations. Tenant's architect shall certify to Landlord that the plans for the proposed Tenant Alterations comply with applicable Laws, including, but not limited without limitation, the imposition of any lien against the Premises or the Building by reason of any Tenant Alterations.
(d) Except for those items listed on Exhibit G, all Alterations, attached equipment, decorations, fixtures, trade fixtures, additions and improvements, attached to or built into the Premises, made by either of the parties, including, without limitation, all floor and wall coverings, built-in cabinet work and paneling, sinks and related plumbing fixtures, laboratory benches, exterior venting fume hoods and walk-in freezers and refrigerators, ductwork, conduits, electrical panels and circuits shall (unless, with respect to any Tenant Alterations proposed by Tenant Landlord expressly notified Tenant in writing as part of Landlord’s approval of the plans and specifications for such Alterations or at the time Tenant provides written notice to Landlord of any Permitted Alterations that Tenant must remove such Alterations prior to the Disability Actsexpiration of the Term; provided, that Tenant, in any event, has requested Landlord in writing to make such determination) become the property of Landlord upon the expiration or earlier termination of the Term, and shall remain upon and be surrendered with the understanding that Premises as a part thereof. The Premises shall at all times remain the property of Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease. Notwithstanding anything to the contrary herein, Tenant’s furniture, fixtures and furnishings which are not permanently attached to the Premises, Tenant’s business machines and equipment which are not permanently attached to the Premises, and Tenant’s communications equipment shall be and remain Tenant’s personal property and may be removed by Tenant at any time, and must be removed by Tenant upon the expiration or earlier termination of this Lease. As used in this Paragraph, “permanently attached” shall mean attached in such certificate a manner as would result in material damage to the Premises if detached from the Premises. Notwithstanding the foregoing, at any time during the Term, subject to Landlord’s prior written approval, which approval shall not be binding on Landlordunreasonably withheld, but Landlord conditioned or delayed, Tenant shall have the right to rely update Exhibit G. Except as to those items listed on sameExhibit G attached hereto, all business and trade fixtures, machinery and equipment, built-in furniture and cabinets, together with all additions and accessories thereto, permanently attached to or built into the Premises shall become the property of Landlord upon the expiration of the Term. If Tenant shall fail to remove any of its effects from the Premises (required by this Paragraph to be removed) within ten (10) days after the termination of this Lease, then Landlord may, at its option, remove the same in any manner that Landlord shall choose and store said effects without liability to Tenant for loss thereof or damage thereto, and Tenant shall pay Landlord, upon demand, any actual, documented and reasonable costs and expenses incurred due to such removal and storage or Landlord may, at its sole option and upon notice to Tenant, sell such property or any portion thereof at private sale and without legal process for such price as Landlord may obtain and apply the proceeds of such sale against any (a) amounts due by Tenant to Landlord under this Lease and (b) any actual and documented expenses incident to the removal, storage and sale of said personal property. Notwithstanding any other provision of this Article to the contrary, in no event shall Tenant remove any improvement from the Premises as to which Landlord contributed payment, including the Tenant Improvements, without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. Notwithstanding anything to the contrary herein, Tenant shall have no obligation to remove the Emergency Generator upon or prior to the expiration or termination of the Term.
(e) Tenant shall be responsible for removal, as needed, from the Premises and the Building of all trash, rubbish, and surplus materials resulting from any work being performed in the Premises by Tenant or Tenant’s contract parties. Tenant shall exercise due care and diligence in removing such trash, rubbish, or surplus materials from the Premises to avoid littering, marring, or damaging any portion of the Building. If any such trash, rubbish, or surplus materials are not promptly removed from the Building in accordance with the provisions hereof and Landlord notifies Tenant in writing that it intends to remove the same at Tenant’s expense and Tenant fails to remove the same with three (3) business days thereafter, Landlord may cause same to be removed or repaired, as the case may be, at Tenant’s cost and expense. If Landlord incurs any costs or expenses in performing the above, Tenant shall pay Landlord the amount of any such cost and expenses promptly upon demand therefor.
(f) Subject to Paragraphs 16(g) and 21, Tenant will be responsible for repairing any damage to the Building common areas caused by Tenant or its agents or contractors within fifteen (15) days after receipt of written notice by Landlord specifying the damage in reasonable detail; provided, however, that if such repairs cannot reasonably be completed within said 15-day period, Tenant shall have such time as is reasonably necessary under the circumstances to complete such repairs. If such repairs are not completed within such time frame and Landlord gives Tenant at least five (5) business days prior written notice of Landlord’s intention to complete the same at Tenant’s expense, Landlord may cause the damage to be repaired at Tenant’s expense. Within ten (10) days of receipt of an invoice therefor, Tenant shall reimburse Landlord for its actual costs and expenses in completing any such repair.
Appears in 1 contract
Tenant Alterations. Except for alterations, repairs, additions, or improvements to the Premises after the Commencement Date that (a) cost $25,000 or less for any such changes and cost $50,000 or less during any consecutive twelve month period, (b) do not affect the Base Building or the exterior appearance of the Building, and (c) do not adversely affect Landlord's ability to perform any of its obligations under this Lease, including without limitation, the delivery of Building services, Tenant shall not make any alterations, repairs, additions or improvements in, toin or to the Premises, or about the Premises make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing or wiring (individually and collectively "Tenant Alterations") ), without first obtaining the prior, written consent of Landlord which may be withheld in Landlord. As a condition 's reasonable discretion; provided, however, with respect to such consentTenant Alterations that may affect structural, exterior, mechanical or electrical aspects of the Premises, Landlord shall be allowed may withhold its consent in its sole and absolute discretion. Notwithstanding the foregoing, Tenant may make strictly cosmetic changes to the finish work in the Premises, not including any changes affecting the Project structure, appearance, or systems and equipment, without Landlord's consent (but nevertheless requiring at least 10 days' prior notice to Landlord and otherwise in compliance with the provisions of this Paragraph 4.4), provided that (i) reasonably approve all plansthe cost of any individual change does not exceed Ten Thousand Dollars ($10,000.00), (ii) the aggregate cost of any such changes does not exceed Fifty Thousand Dollars ($50,000.00) in any consecutive twelve (12) month period, and such changes do not require satisfactory insurance from Tenant's contractorsany structural or other substantial modifications to the Premises, and (iii) reasonably approve no such Tenant Alteration affects structural, exterior, mechanical or electrical aspects of the Premises. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is given, all such work shall be performed at Tenant's contractorsexpense by Tenant (a "Permitted Alteration"). If Tenant shall pay to Landlord all reasonable out-of-pocket costs incurred by Landlord for any architectural, engineering, supervisory and/or legal services in connection with any Tenant Alterations including, without limitation, Landlord's consent is grantedreview of the Plans. Without limiting the generality of the foregoing, any such Landlord may require Tenant Alterations shall be at Tenant's sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond, in forms, amounts and by companies acceptable to Landlord. Should Tenant agrees make any alterations without Landlord's prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, in addition to make applications for and receive building permits without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove some or all of the Tenant Alterations at Tenant's sole cost and other required permits from applicable local municipal authorities, state expense and federal agencies necessary restore the Premises to make such the same condition existing prior to undertaking the Tenant Alterations. , or, at Landlord's election, Landlord may remove such Tenant Alterations and all other leasehold improvements restore the Premises at Tenant's expense. All Tenant Alterations to the Premises, regardless of which party constructed them or paid for them, shall become the property of Landlord and shall remain upon and be surrendered with the Premises upon the expiration or earlier termination of this Lease; provided, however, at Landlord's sole election Tenant shall be obligated, at its sole cost and expense, to remove all (or such portion as Landlord shall designate) of the Tenant Alterations and Tenant Improvements and repair any damage resulting from such removal and return the Premises to the same condition existing prior to the undertaking upon the expiration or earlier termination of this Lease. If Tenant fails to remove any such Tenant Alterations as required by Landlord's consent, Landlord may do so and Tenant shall pay the entire cost thereof to Landlord within ten (10) Business Days after Tenant's receipt of Landlord's written demand therefor. Tenant shall have the right, at the time it requests Landlord's consent and delivers all plans and specifications to any Tenant Alteration to make a written request that Landlord notify Tenant whether Tenant shall be obligated to remove the applicable Tenant Alteration at the end of the Lease Term, in which event Tenant shall only be obligated to remove (i) designedthose Tenant Alterations that Landlord notified Tenant it must remove at the end of the Lease Term at the same time of and in connection with Tenant's requested approval of the Tenant Alterations, constructed, and installed in accordance with all applicable Laws (including, without limitation, the Disability Acts) and (ii) constructed and installed in a good and workmanlike manner. The plans for the proposed those Tenant Alterations shall include all improvements which must be made pursuant that Tenant did not seek or did not obtain Landlord's written consent to leave in place at the Disability Acts as a result end of the construction or installation Lease Term, and that Landlord requires Tenant to remove. Tenant shall reimburse Landlord, upon receipt of Tenant Alterations. demand therefor, for all reasonable out of pocket costs and expenses incurred by Landlord during its review of Tenant's architect plans and specifications (regardless of whether Landlord approves Tenant's request) and Tenant's construction. Nothing contained in this paragraph or the paragraph captioned "Tenant's Work Performance" shall certify to Landlord that be deemed a waiver of the plans for provisions of the proposed Tenant Alterations comply with applicable Laws, including, but not limited to the Disability Acts, with the understanding that such certificate shall not be binding on Landlord, but Landlord shall have the right to rely on sameparagraph captioned "Mechanic's Liens."
Appears in 1 contract
Sources: Lease (MRV Communications Inc)
Tenant Alterations. Except for 9.1 The initial improvements in the Premises shall be constructed in accordance with Exhibit B attached hereto and made a part hereof. It is understood and agreed that except as provided in the preceding sentence, Landlord will not make, and is under no obligation to make, any structural or other alterations, repairsdecorations, additionsadditions or improvements in or to the Premises.
9.2 Tenant will not make or permit anyone to make any alterations, decorations, additions or improvements (hereinafter referred to collectively as "IMPROVEMENTS" or "ALTERATIONS"), structural or otherwise, in or to the Premises or the Building, without the prior written consent of Landlord which may be granted or withheld in Landlord's sole and absolute discretion provided, however, that Landlord's consent with respect to improvements to the interior of the Premises after which (i) are not readily visible to the Commencement Date that (a) cost $25,000 exterior of the Building or less for any such changes the common and cost $50,000 or less during any consecutive twelve month periodpublic areas thereof, (bii) are not structural, (iii) do not affect the Base electrical, mechanical, fire or life safety systems within the Building and (iv) are otherwise in conformance with all applicable building, zoning and other codes or the exterior appearance of regulations affecting the Building, shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, provided Tenant gives Landlord prior written notice, Tenant may install in the Premises, without obtaining Landlord's prior written consent, minor, nonstructural Alterations of a decorative nature and which do not require a building permit, for example, the hanging of artwork, the painting or covering of walls or the installation of carpeting ("Aesthetic Alterations") whose value is less than Fifty Thousand Dollars ($50,000) per Aesthetic Alteration and, when aggregated with other Aesthetic Alterations in a twelve (12) month period are less than One Hundred Thousand Dollars ($100,000.00). Structural Alterations shall be deemed to include without limitation any Alterations that will or may necessitate any changes, replacements or additions to walls, ceilings, partitions (other than non-structural or free-standing partitions), columns, or floors or to the water, electrical, mechanical, plumbing, fire and life safety or HVAC systems of the Premises or the Building or any Alteration that will require the issuance of a building permit. Any Alterations made by Tenant shall be made: (a) in a good, workmanlike, first-class and prompt manner; (b) using new materials only; (c) do not adversely affect by a contractor reasonably approved by Landlord and on days, at times and, when appropriate under the circumstances, under the supervision of an architect approved in writing by Landlord; (d) in accordance with plans and specifications prepared by an engineer or architect reasonably acceptable to Landlord, which plans and specifications shall be approved in writing by Landlord (Tenant hereby agreeing to reimburse Landlord for the reasonable, out-of-pocket costs and expenses incurred in connection with Landlord's ability to perform any review of its obligations under this Leasethe same, including without limitation, the delivery of Building services, Tenant shall not make any alterations, repairs, additions or improvements in, to, or about the Premises if any); (collectively "Tenant Alterations"e) without the prior, written consent of Landlord. As a condition to such consent, Landlord shall be allowed to (i) reasonably approve all plans, (ii) require satisfactory insurance from Tenant's contractors, and (iii) reasonably approve Tenant's contractors. If Landlord's consent is granted, any such Tenant Alterations shall be at Tenant's sole cost and expense. Tenant agrees to make applications for and receive building permits and other required permits from applicable local municipal authorities, state and federal agencies necessary to make such Tenant Alterations. Tenant Alterations and all other leasehold improvements shall be (i) designed, constructed, and installed in accordance with all applicable Laws laws and the requirements of any insurance company insuring the Building or any portion thereof; (includingf) after having obtained any required consent of the holder of any Mortgage (Landlord hereby agreeing to use reasonable efforts to obtain such consent) or such consent being deemed to have been granted; (g) after obtaining public liability and worker's compensation insurance policies approved in writing by Landlord, which policies shall cover every person who will perform any work with respect to such Alteration; (h) on the condition that Tenant shall obtain and deliver to Landlord not more than ten (10) days after any payment is to be made, without limitationregard to any dispute between Tenant and its contractors, subcontractors, laborers and material suppliers, written, unconditional waivers of mechanics' and materialmen's liens against the Disability Acts) Premises and (ii) constructed and installed in a good and workmanlike manner. The plans for the proposed Tenant Alterations shall include all improvements which must be made pursuant to the Disability Acts as a result of the construction or installation of Tenant Alterations. Tenant's architect shall certify to Landlord that the plans for the proposed Tenant Alterations comply with applicable Laws, including, but not limited to the Disability Acts, with the understanding that such certificate shall not be binding on Landlord, but Landlord shall have the right to rely on same.Building from all
Appears in 1 contract
Sources: Office Lease (Otg Software Inc)
Tenant Alterations. Except for The Tenant agrees not to make or allow to be made any alterations, repairsimprovements, additionsadditions or physical changes in or about any Individual Property, other than those constituting part of an Applicable Project as shown on the Applicable Plans and Specifications or modifications thereto consented to by the Landlord and the Agent (the "Alterations"), without first obtaining the written consent of the Landlord and the Agent in each instance, which consent (A) may be withheld by either the Landlord or the Agent, each in its sole discretion, if the proposed Alterations (i) adversely affect the structural components of the Improvements on such Individual Property, or improvements to (ii) reduce the Premises after the Commencement Date that (a) cost $25,000 value or less for any such changes and cost $50,000 or less during any consecutive twelve month period, (b) do not affect the Base Building or the exterior appearance utility of the BuildingImprovements on such Individual Property, and (cB) do in all other cases, shall not adversely affect Landlord's ability to perform any of its obligations under this Leasebe unreasonably withheld or delayed, but may be given on such reasonable conditions as the Landlord and the Agent may elect, including without limitation, the delivery of Building services, Tenant shall not make any alterations, repairs, additions or improvements in, to, or about the Premises (collectively "Tenant Alterations") without the prior, written consent of Landlord. As a condition to such consent, Landlord shall be allowed to (i) reasonably approve all plans, (ii) require satisfactory insurance from Tenant's contractors, and (iii) reasonably approve Tenant's contractors. If Landlord's consent is granted, any such Tenant Alterations shall be at Tenant's sole cost and expense. Tenant agrees to make applications for and receive building permits and other required permits from applicable local municipal authorities, state and federal agencies necessary to make such Tenant Alterations. Tenant Alterations and all other leasehold improvements shall be (i) designed, constructed, and installed in accordance with all applicable Laws (including, without limitation, the Disability Acts) and (ii) constructed and installed in a good and workmanlike manner. The plans for the proposed Tenant Alterations shall include all improvements which must be made pursuant to the Disability Acts as a result of the construction or installation of Tenant Alterations. Tenant's architect shall certify to Landlord that the plans for the proposed Tenant Alterations comply with applicable Laws, including, but not limited to receipt of evidence satisfactory to the Disability ActsLandlord and the Agent that the Tenant has adequate funds to complete such Alterations. Notwithstanding the foregoing, neither the Agent's nor the Landlord's consent shall be required for any non-structural Alterations with respect to any Individual Property unless and until the understanding that costs of Alterations at or with respect to such certificate Individual Property for any single Alteration or series of related Alterations shall not exceed $100,000. Any and all Alterations to any Individual Property shall without further act become the property of the Landlord and subject to the Lien of the Applicable Mortgage, except for trade fixtures, movable equipment or furniture owned by the Tenant. Upon the expiration or termination of this Lease, the Landlord or the Agent may require the Tenant to remove any and all Alterations for which consent was required hereunder and which were made without having obtained such consent of the Landlord and the Agent as well as all fixtures, equipment and other improvements installed on such Individual Property other than fixtures, equipment or other improvements constituting a part of the Applicable Project. In the event the Landlord or the Agent so elects, and the Tenant fails to remove such property, the Landlord or the Agent may remove the same at the Tenant's cost, and the Tenant shall pay the Landlord or the Agent, as the case may be, on demand all costs incurred in connection therewith. The Tenant shall be binding on Landlordresponsible for the cost of repairing all damage to such Individual Property resulting from the removal of such property, but except to the extent arising out of the gross negligence or willful misconduct of the Landlord or the Agent. The Tenant's obligations pursuant to this Section 11.1 shall have constitute Supplemental Rent and shall survive the right to rely on sameexpiration or sooner termination of this Lease and the Reimbursement Agreement.
Appears in 1 contract
Sources: Master Lease (Helmstar Group Inc)
Tenant Alterations. Except for The Tenant agrees not to make or allow to be made any alterations, repairsimprovements, additionsadditions or physical changes in or about any Individual Property, other than those constituting part of an Applicable Project as shown on the Applicable Plans and Specifications or modifications thereto consented to by the Landlord and the Agent (the "ALTERATIONS"), without first obtaining the written consent of the Landlord and the Agent in each instance, which consent (A) may be withheld by either the Landlord or the Agent, each in its sole discretion, if the proposed Alterations (i) adversely affect the structural components of the Improvements on such Individual Property, or improvements to (ii) reduce the Premises after the Commencement Date that (a) cost $25,000 value or less for any such changes and cost $50,000 or less during any consecutive twelve month period, (b) do not affect the Base Building or the exterior appearance utility of the BuildingImprovements on such Individual Property, and (cB) do in all other cases, shall not adversely affect Landlord's ability to perform any of its obligations under this Leasebe unreasonably withheld or delayed, but may be given on such reasonable conditions as the Landlord and the Agent may elect, including without limitation, the delivery of Building services, Tenant shall not make any alterations, repairs, additions or improvements in, to, or about the Premises (collectively "Tenant Alterations") without the prior, written consent of Landlord. As a condition to such consent, Landlord shall be allowed to (i) reasonably approve all plans, (ii) require satisfactory insurance from Tenant's contractors, and (iii) reasonably approve Tenant's contractors. If Landlord's consent is granted, any such Tenant Alterations shall be at Tenant's sole cost and expense. Tenant agrees to make applications for and receive building permits and other required permits from applicable local municipal authorities, state and federal agencies necessary to make such Tenant Alterations. Tenant Alterations and all other leasehold improvements shall be (i) designed, constructed, and installed in accordance with all applicable Laws (including, without limitation, the Disability Acts) and (ii) constructed and installed in a good and workmanlike manner. The plans for the proposed Tenant Alterations shall include all improvements which must be made pursuant to the Disability Acts as a result of the construction or installation of Tenant Alterations. Tenant's architect shall certify to Landlord that the plans for the proposed Tenant Alterations comply with applicable Laws, including, but not limited to receipt of evidence satisfactory to the Disability ActsLandlord and the Agent that the Tenant has adequate funds to complete such Alterations. Notwithstanding the foregoing, neither the Agent's nor the Landlord's consent shall be required for any non-structural Alterations with respect to any Individual Property unless and until the understanding that costs of Alterations at or with respect to such certificate Individual Property for any single Alteration or series of related Alterations shall not exceed $100,000. Any and all Alterations to any Individual Property shall without further act become the property of the Landlord and subject to the Lien of the Applicable Mortgage, except for trade fixtures, movable equipment or furniture owned by the Tenant. Upon the expiration or termination of this Lease, the Landlord or the Agent may require the Tenant to remove any and all Alterations for which consent was required hereunder and which were made without having obtained such consent of the Landlord and the Agent as well as all fixtures, equipment and other improvements installed on such Individual Property other than fixtures, equipment or other improvements constituting a part of the Applicable Project. In the event the Landlord or the Agent so elects, and the Tenant fails to remove such property, the Landlord or the Agent may remove the same at the Tenant's cost, and the Tenant shall pay the Landlord or the Agent, as the case may be, on demand all costs incurred in connection therewith. The Tenant shall be binding on Landlordresponsible for the cost of repairing all damage to such Individual Property resulting from the removal of such property, but except to the extent arising out of the gross negligence or willful misconduct of the Landlord or the Agent. The Tenant's obligations pursuant to this Section 11.1 shall have constitute Supplemental Rent and shall survive the right to rely on sameexpiration or sooner termination of this Lease and the Reimbursement Agreement.
Appears in 1 contract
Sources: Master Lease (Carmike Cinemas Inc)
Tenant Alterations. Except The Landlord will supply the Tenant with an allowance of up to $30,000 for renovations and buildout of the Premises. The Tenant may hire the licensed contractor of his choice, and a draw schedule will be determined between the Tenant and the Landlord. Any unused portion of this allowance will be returned to the Landlord. All building materials must meet the specifications of the Landlord. The Tenant (and / or contractor) will be responsible for obtaining building & occupancy permits. All alterations, repairsimprovements, or additions to the demised premises to be made by TENANT shall be subject to the written consent of the LANDLORD, which consent shall not be unreasonably withheld, provided such alterations and improvements do not weaken the structural integrity of the building or detract from its dignity and/or uniformity. All alterations and improvements and/or additions made by TENANT shall remain upon the premises at the expiration or earlier termination of this Lease and shall become the property of the LANDLORD, unless LANDLORD shall, at the time of approval of the alteration, provide written notice to TENANT to remove the same, in which event TENANT shall remove such alterations, improvements and/or additions, or improvements and restore the premises to the Premises after same good order and condition in which it was at the Commencement Date that (a) cost $25,000 or less for any such changes and cost $50,000 or less during any consecutive twelve month period, (b) do not affect the Base Building or the exterior appearance commencement of the Building, and (c) do not adversely affect Landlord's ability to perform any of its obligations under this Lease, including without limitationreasonable wear and tear and unavoidable casualty excepted. Should TENANT fail to do so, LANDLORD may do so, collecting at LANDLORD’s option, the delivery of Building services, Tenant shall not make any alterations, repairs, additions or improvements in, to, or about the Premises (collectively "Tenant Alterations") without the prior, written consent of Landlord. As a condition to such consent, Landlord shall be allowed to (i) reasonably approve all plans, (ii) require satisfactory insurance from Tenant's contractors, and (iii) reasonably approve Tenant's contractors. If Landlord's consent is granted, any such Tenant Alterations shall be at Tenant's sole reasonable cost and expense. Tenant agrees to make applications for and receive building permits and other required permits expense thereof from applicable local municipal authorities, state and federal agencies necessary to make such Tenant Alterations. Tenant Alterations and all other leasehold improvements shall be (i) designed, constructed, and installed in accordance with all applicable Laws (including, without limitation, the Disability Acts) and (ii) constructed and installed in a good and workmanlike manner. The plans for the proposed Tenant Alterations shall include all improvements which must be made pursuant to the Disability Acts TENANT as a result of the construction or installation of Tenant Alterations. Tenant's architect shall certify to Landlord that the plans for the proposed Tenant Alterations comply with applicable Laws, including, but not limited to the Disability Acts, with the understanding that such certificate shall not be binding on Landlord, but Landlord shall have the right to rely on sameadditional rent.
Appears in 1 contract
Sources: Lease Agreement (Novavax Inc)
Tenant Alterations. Except for The Tenant agrees not to make or allow to be made any alterations, repairsimprovements, additionsadditions or physical changes in or about any Individual Property, other than those constituting part of an Applicable Project as shown on the Applicable Plans and Specifications or modifications thereto consented to by the Landlord and the Agent (the "Alterations"), without first obtaining the written consent of the Landlord and the Agent in each instance, which consent (A) may be withheld by either the Landlord or the Agent, each in its sole discretion, if the proposed Alterations (i) adversely affect the structural components of the Improvements on such Individual Property, or improvements to (ii) reduce the Premises after the Commencement Date that (a) cost $25,000 value or less for any such changes and cost $50,000 or less during any consecutive twelve month period, (b) do not affect the Base Building or the exterior appearance utility of the BuildingImprovements on such Individual Property, and (cB) do in all other cases, shall not adversely affect Landlord's ability to perform any of its obligations under this Leasebe unreasonably withheld or delayed, but may be given on such reasonable conditions as the Landlord and the Agent may elect, including without limitation, the delivery of Building services, Tenant shall not make any alterations, repairs, additions or improvements in, to, or about the Premises (collectively "Tenant Alterations") without the prior, written consent of Landlord. As a condition to such consent, Landlord shall be allowed to (i) reasonably approve all plans, (ii) require satisfactory insurance from Tenant's contractors, and (iii) reasonably approve Tenant's contractors. If Landlord's consent is granted, any such Tenant Alterations shall be at Tenant's sole cost and expense. Tenant agrees to make applications for and receive building permits and other required permits from applicable local municipal authorities, state and federal agencies necessary to make such Tenant Alterations. Tenant Alterations and all other leasehold improvements shall be (i) designed, constructed, and installed in accordance with all applicable Laws (including, without limitation, the Disability Acts) and (ii) constructed and installed in a good and workmanlike manner. The plans for the proposed Tenant Alterations shall include all improvements which must be made pursuant to the Disability Acts as a result of the construction or installation of Tenant Alterations. Tenant's architect shall certify to Landlord that the plans for the proposed Tenant Alterations comply with applicable Laws, including, but not limited to receipt of evidence satisfactory to the Disability ActsLandlord and the Agent that the Tenant has adequate funds to complete such Alterations. Notwithstanding the foregoing, neither the Agent's nor the Landlord's consent shall be required for any non-structural Alterations with respect to any Individual Property unless and until the understanding that costs of Alterations at or with respect to such certificate Individual Property for any single Alteration or series of related Alterations shall not be binding on Landlordexceed $100,000. Any and all Alterations to any Individual Property shall without further act become the property of the Landlord and subject to the Lien of the Applicable Mortgage, but except for trade fixtures, movable equipment or furniture owned by the Tenant. Upon the expiration or termination of this Lease, the Landlord shall have or the right Agent may require the Tenant to rely on same.remove any and all Alterations for which consent was required hereunder and which were made without having obtained such consent of the Landlord and the Agent as well as all fixtures,
Appears in 1 contract
Sources: Master Lease (Carmike Cinemas Inc)