Common use of Tenant Alterations Clause in Contracts

Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant to Section 29 and Exhibit D hereof, TENANT shall not make or permit anyone to make any Alterations, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), in or to the Premises or the Building without the prior written consent of LANDLORD. All of such Alterations permitted by LANDLORD must conform to all rules and regulations established from time to time by the Insurance Underwriter's Association of the local area and by the LANDLORD and conform to all requirements of the Federal, state and local governments. Prior to the commencement of work on any Alterations, the LANDLORD'S written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such work, and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterations.

Appears in 5 contracts

Samples: Lease Agreement (Old Line Bancshares Inc), Lease Agreement (Old Line Bancshares Inc), Lease Agreement (Old Line Bancshares Inc)

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Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant to Section 29 and Exhibit D hereof, TENANT Tenant shall not make or permit anyone to make any Alterations, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), Alterations in or to the Premises or the Building Building, without the prior written consent of LANDLORD. All Landlord, which consent may be withheld or granted in Landlord's sole and absolute discretion with respect to any and all structural Alterations, Alterations which require a building permit and to those non-structural Alterations which are visible from the exterior of such Alterations permitted by LANDLORD must conform the Premises, and which consent shall not be unreasonably withheld or delayed with respect to all rules other non-structural Alterations, provided however that Tenant may, in compliance with the provisions of this Lease make decorations and regulations established from time improvements strictly cosmetic in nature, which do not require a building permit and which do not effect the Building Structure and Systems without the consent of Landlord, but shall provide Landlord prior written notice of same. Structural Alterations shall be deemed to time by consist of any Alterations that will necessitate any changes, replacements or additions to the Insurance Underwriter's Association walls, ceilings, partitions, columns or floor, or to the water, electrical, mechanical, plumbing, fire/ life safety, or HVAC systems, of the local area Premises or the Building. Any Alterations made by Tenant shall be made: (a) in a good, workmanlike, first-class and prompt manner; (b) using new materials only; (c) by a contractor, on days, at times and under the LANDLORD and conform to all requirements supervision of the Federalan architect approved in writing by Landlord, state and local governments. Prior to the commencement of work on any Alterations, the LANDLORD'S written which approval must shall not be obtained as to unreasonably withheld or delayed; (id) the contractor(s) and subcontractor(s) selected to perform such work, and (ii) comprehensive in accordance with plans and specifications showing prepared by an engineer or architect, which, in all the proposed Alterationsinstances shall be approved in writing by Landlord, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD which approval shall have the right to stop such work if the LANDLORD not be unreasonably withheld or its designated agent determines that such work is not being done in a workmanlike manner or delayed; (e) in accordance with all Laws and the plans requirements of any insurance company insuring the Project or any portion thereof; and specifications provided (f) after obtaining public liability, builder's risk and worker's compensation insurance policies in such limits as reasonably required by Landlord, which policies shall cover every person who will perform any work with respect to LANDLORDsuch Alteration and shall meet the requirements set forth in Section 14.2 hereof. In If any lien (or a petition to establish such eventlien) is filed in connection with any Alteration, TENANT shall promptly correct the problem(ssuch lien (or petition) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed discharged by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than Tenant within ten (10) days after thereafter, at Tenant's sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlord. If Landlord gives its consent to the making of any Alteration made by Tenant, such are prepared consent shall not: (i) be deemed to be an agreement or obtained and prior consent by Landlord to subject its interest in the Premises or the Project to any implementationliens which may be filed in connection therewith; or (ii) constitute either Landlord's assumption, in whole or in part, of Tenant's responsibility for compliance with any applicable Laws, or representation or confirmation by Landlord that such Alterations comply with the provisions of such Laws. The TENANT agrees to allow inspection from time to time during All Alterations made by Tenant (including, without limitation, those involving structural, electrical, mechanical or plumbing work, fire and life safety systems, the period roof of construction the Building, the heating, ventilation and air conditioning system of all Alterationsthe Premises or the Building, and the roof of the Building) shall, be performed by contractors or subcontractor chosen by Tenant under contracts approved by Landlord at Tenant's expense, provided however any such approval shall not be unreasonably withheld or delayed. In addition, TENANT agrees to furnish "as built" plans and specifications Tenant shall reimburse Landlord for all Alterations within a reasonable period costs of time review, coordination and supervision in connection with any Alteration made by Tenant. Promptly after the completion of Alterationsan Alteration made by Tenant, and Tenant at its expense shall deliver to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the AlterationsLandlord three (3) sets of accurate as-built drawings showing such Alteration in place.

Appears in 1 contract

Samples: Lease Agreement (Praxair Inc)

Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant to Section 29 and Exhibit D hereofas otherwise set forth herein, TENANT Tenant shall not make or permit anyone allow to make be made any Alterationsalterations, decorations, additions, physical additions or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), improvements in or to the Premises (collectively, an “Alteration”), without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. Notwithstanding anything to the contrary set forth above or elsewhere in this Lease, Tenant shall be permitted to perform Permitted Alterations (with a contractor designated by Tenant and approved by Landlord in writing, which approval shall not be unreasonably withheld, delayed or conditioned) to the interior of the Building. The following Alterations are referred to as “Permitted Alterations”: any Alteration which (a) is non-structural, including, but not limited to, any which are primarily cosmetic in nature; (b) does not cause any violation of and do not require any change in any certificate of occupancy applicable to the Premises or any portion thereof; (c) does not materially affect the functioning of the mechanical utilities, systems or equipment of the Building or other Improvement; (d) does not exceed $100,000 in any one instance (for purposes of this provision, a series of related alterations shall be aggregated together for purposes of determining whether such $100,000 threshold is exceeded); (e) does not in any way involve or affect the exterior of the Building; (f) does not in any way involve or affect the structure of the Improvements; (g) does not reduce in any respect the value of the Buildings (other than a de minimis reduction), the other Improvements or the Building without Premises; (h) is made with due diligence, in a good and workmanlike manner, and in compliance with all Laws; and (i) is promptly and fully paid for by Tenant. Tenant shall give Landlord prior notice of any Permitted Alteration, but the prior written consent of LANDLORDLandlord to any Permitted Alteration shall not be required. All Alterations made by Tenant (excluding moveable equipment, furniture or trade fixtures of Tenant) shall at once become the property of Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease unless Landlord elects by notice to Tenant at the time of granting consent; provided, however, that if Tenant fails to obtain such Alterations permitted consent, Landlord may elect by LANDLORD must conform notice to all rules and regulations established from Tenant at any time thereafter (or, with respect to time Permitted Alterations, unless Landlord elects by the Insurance Underwriter's Association notice to Tenant within thirty (30) days after Landlord’s receipt of Tenant’s prior notice of the local area and by the LANDLORD and conform to all requirements of the Federal, state and local governments. Prior to the commencement of work on any applicable Permitted Alterations, provided, however, that if such prior notice is not given by Tenant, Landlord may elect by notice to Tenant at any time thereafter) to have Tenant remove such Alteration on or before the LANDLORD'S written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such workexpiration or earlier termination of this Lease, and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right repair any damage caused thereby in order to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original conditionsubstantially the condition as existed prior to the making of such Alteration, normal wear and tear and casualty damage excepted, and TENANT all costs of removal and repair to be borne by Tenant. Tenant shall be liable responsible for the costs obtaining, at its cost, all permits required as to any Alteration; Landlord agrees to cooperate with Tenant, at Tenant’s cost, in obtaining all such permits. Tenant shall provide a copy of such action permits to Landlord prior to starting work. Upon completion of any Alteration involving the construction or relocation of walls or partitions, Tenant shall deliver to Landlord a copy of the as-built plans or drawings with respect to such Alterations, as additional rent. It is understood well as, if any, copies of operation and agreed by LANDLORD and TENANT that maintenance manuals for any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained non-moveable equipment installed in the course of such Alterations shall be provided Premises. Subject to the LANDLORD terms and conditions of the Declaration, Tenant may also perform landscaping and other exterior work not made to the Building without the consent of Landlord being required. Tenant shall not do or its designated AGENT no later than ten permit to be done any act which results in a lien being filed against the Premises or Property; if a lien so results, Tenant shall cause the same to be removed or bonded over within thirty (1030) business days after such are prepared written notice to Tenant of the filing thereof. Tenant shall have no authority, express or obtained and prior implied, to create any implementation. The TENANT agrees to allow inspection from time to time during lien, charge or encumbrance upon the period interest of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD Landlord in the Premises or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the AlterationsProperty.

Appears in 1 contract

Samples: Lease Agreement (Griffin Capital Net Lease REIT, Inc.)

Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant to Section 29 A. Anything in Article 3, above, notwithstanding, the parties hereto agree that Tenant shall be permitted, at its sole cost and Exhibit D hereofexpense, TENANT shall not make or permit anyone to make any Alterationsalterations, decorationsrepairs, additionsinstallations, additions or improvementsimprovements (collectively, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), in or which are non-structural and do not affect Building systems, provided that Tenant furnishes Landlord with copies of detailed plans and with completed, finished, detailed architectural drawings and specifications for Tenant's installation work and with detailed mechanical plans and specifications, where necessary (and which shall be prepared by an engineer selected by Tenant reasonably satisfactory to Landlord) for air conditioning system and ductwork, heating, electrical, plumbing and other mechanical plans therefor ("Plans and Specifications"), which Plans and Specifications shall be suitable for filing with the Premises or the Building without appropriate governmental agencies and shall be subject to the prior written consent approval of LANDLORD. All Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; provided that Landlord shall respond to requests for approval as soon as practicable, but in no event later than fifteen business days after Landlord receives the Plans and Specifications; and provided further that after the completion of such Alterations permitted by LANDLORD must conform Tenant's Work and Tenant's initial alteration and improvement to all rules and regulations established from time to time by the Insurance UnderwriterDemised Premises Landlord's Association approval shall not be required for decorating or painting of the local area Demised Premises or for non-structural alterations costing less than $50,000 ("Minor Alterations") if Landlord has received written notice from Tenant that it is performing said work. If Landlord shall disapprove any submission by Tenant, Landlord shall set forth in reasonable detail the reasons for its disapproval. As a condition for Landlord's approval Tenant shall pay all costs and expenses incurred by the LANDLORD and conform Landlord to all requirements of the Federal, state and local governments. Prior to the commencement of work on any Alterations, the LANDLORD'S written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such work, and (ii) comprehensive have Tenant's plans and specifications showing all the proposed Alterationsreviewed by its architect, including detailed descriptions engineers or other necessary professionals, and Landlord shall use its reasonable efforts to keep such costs and expenses to a minimum. After its approval of the effect Plans and Specifications, Landlord shall sign any necessary building department permit applications and otherwise cooperate with Tenant in obtaining any necessary governmental approvals. Tenant covenants and agrees that no Alterations (whether structural or non-structural) will be made except in compliance with, and Tenant hereby covenants that it will comply with, each of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterations.following provisions:

Appears in 1 contract

Samples: First Modification of Lease Agreement (Opus360 Corp)

Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant to Section 29 and Exhibit D hereof, TENANT Tenant shall not make or permit anyone to make any Alterations, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), Alterations in or to the Leased Premises or that would result after giving consideration to the Building completed Alteration, in a material diminution in the value of the Leased Premises without Landlord's prior written consent which consent may be withheld in Landlord's sole and absolute discretion. If the Alteration is structural in nature, such Alteration shall not be made without the prior written consent of LANDLORDLandlord, which consent shall not be unreasonably withheld, conditioned or delayed. Landlord agrees that Landlord's approval shall be (i) deemed unreasonable unless such structural Alteration causes a material diminution in the value of the Leased Premises or impairs the structural integrity of the Improvements and (ii) deemed granted in the event that Landlord does not respond to Tenant's notice of such Alteration within ten (10) business days. Tenant may make any other Alterations without the prior written consent of Landlord provided such Alterations comply with all of the provisions of the following sentence. All Alterations shall be performed in a good and workmanlike manner, and shall be expeditiously completed in compliance with all Legal Requirements, (i) all work done. in connection with any such Alterations shall comply with all Insurance Requirements, (ii) Tenant shall promptly pay all costs and expenses of any such Alterations, and shall discharge all liens tiled against any of the Leased Premises arising out of the work, and shall, upon notice from Landlord, furnish to Landlord copies of such evidence of payment of costs and expenses or of discharge or waiver of liens as Landlord may reasonably request, (iii) Tenant shall procure and pay for all permits and licenses required in connection with any such Alterations, (iv) all such Alterations permitted by LANDLORD must conform shall be the property of Landlord and shall be subject to all rules this Lease, (v) any Alterations that are structural in nature and regulations established from time the estimated cost of which in anyone instance exceeds Two Hundred Fifty Thousand Dollars ($250,000.00) shall be made under the supervision of a licensed architect or engineer in accordance with detailed plans and specifications which shall be submitted to time by the Insurance Underwriter's Association of the local area and by the LANDLORD and conform to all requirements of the Federal, state and local governments. Prior Landlord prior to the commencement of work on any Alterations, the LANDLORD'S written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such work, Alterations and (iivi) comprehensive any Alterations which are not structural in nature and the estimated cost of which in anyone instance exceeds Five Hundred Thousand Dollars ($500,000.00) shall be made under the supervision of a licensed architect or engineer in accordance with detailed plans and specifications showing all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided given to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations Landlord within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterationscompletion.

Appears in 1 contract

Samples: Lease Agreement (Aei Income & Growth Fund 25 LLC)

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Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant to Section 29 and Exhibit D hereofUntil Total Rent is paid in full, TENANT Tenant shall not make or permit anyone to make any Alterationsmake, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), in or to the Premises or the Building without the Landlord’s prior written consent of LANDLORDwhich shall not be unreasonably withheld, conditioned or delayed, any material alterations, improvement, repairs or additions to and upon the Premises and shall not demolish the Building. All of such Alterations permitted by LANDLORD must conform to all rules and regulations established After Total Rent is paid in full, Tenant from time to time by without Landlord’s consent may make such alterations, improvements, repairs, and additions to and upon the Insurance Underwriter's Association Premises and the Building thereon and may install therein such Personalty and other property as it may consider advisable; provided, that no such actions may be taken prior to the expiration or termination of the local area and by Hosting Services Agreement if such actions would prevent Landlord from performing its obligations under the LANDLORD and conform to all requirements Hosting Services Agreement in the same manner as it performs such obligations as of the FederalCommencement Date. Without limiting the foregoing, state and local governments. Prior to after the commencement of work on any Alterations, the LANDLORD'S written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such work, and (ii) comprehensive plans and specifications showing all the proposed Alterations, including detailed descriptions expiration or termination of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such eventHosting Services Agreement, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD Tenant may, at its sole optionelection, correct such problem(s)demolish the Building and, or complete at its election, construct a new building. In connection therewith, Tenant shall, at Tenant’s expense, apply for any building permits required for the Alterationsconstruction thereof. In connection therewith, or remove at the Alterations request and restore expense of Tenant, Landlord shall: (a) cooperate to the extent necessary to obtain any required permits; (b) join with Tenant in all applications and proceedings; (c) agree (under a separate agreement to be negotiated in good faith by Landlord and Tenant) to allow Tenant to connect all sanitary wastewater systems of the Building and all other alterations, improvements and additions to the Premises to their original conditionthe existing sanitary wastewater treatment and disposal system maintained by Landlord on the Entire Parcel; and (d) execute all agreements, easements and TENANT shall be liable for dedications required by government agencies, as a condition to the costs issuance of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that permits but only to the extent any such Alterations shall be constructed on behalf agreements, easements and/or dedications (i) affect only the Premises or affect any other portion of TENANT. Copies the Entire Parcel in a non-material manner and (ii) do not affect the operation of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained Landlord’s business in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterationsmaterially adverse manner.

Appears in 1 contract

Samples: Ground Lease Agreement (Mechanical Technology Inc)

Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant as otherwise provided in this Lease to Section 29 and Exhibit D hereofthe contrary, TENANT Tenant shall not make any alterations, additions or permit anyone to make any Alterations, decorations, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), improvements in or to the Premises Premises, or make changes to locks on doors, or add, disturb or in any way change the roof of the Premises, any floor covering, wall covering, fixtures, plumbing or wiring (individually and collectively “Tenant Alterations”), without first obtaining the consent of Landlord which shall not be unreasonably withheld and shall be granted or denied within ten (10) Business Days, except that Landlord may withhold its approval in its sole and absolute discretion if the Tenant Alterations (a) will adversely affect, as reasonably determined by Landlord, the structure or exterior of the Building or the Project, or are visible from the exterior of the Building or any other exterior portion of the Project, (b) will adversely affect, as reasonably determined by Landlord, the Building systems, or (c) will violate any Governmental Requirements (collectively, a “Project Impact”). Notwithstanding the foregoing, Tenant may make alterations to the interior of the Premises, without Landlord’s consent, provided that the aggregate cost of any such Tenant Alterations does not exceed One Hundred Thousand and NO/100 Dollars ($100,000.00) in any twelve (12) month period, and such Tenant Alterations do not create a Project Impact. Tenant shall give Landlord at least ten (10) days prior written consent of LANDLORD. All notice of such Alterations permitted cosmetic alterations, which notice shall be accompanied by LANDLORD must conform reasonably adequate evidence that such changes meet the criteria contained in this Section 4.4 and in Section 4.5 below. Tenant shall deliver to all rules Landlord full and regulations established from time to time by the Insurance Underwriter's Association of the local area and by the LANDLORD and conform to all requirements of the Federal, state and local governments. Prior to the commencement of work on any Alterations, the LANDLORD'S written approval must be obtained as to (i) the contractor(s) and subcontractor(s) selected to perform such work, and (ii) comprehensive complete plans and specifications showing specifications, if appropriate, for any proposed Tenant Alterations and, if consent by Landlord is given, all the proposed Alterations, including detailed descriptions of the effect of the proposed Alterations on the mechanical and electrical systems of the Building. LANDLORD shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done shall be performed by Tenant at Tenant’s expense. Tenant shall pay to Landlord all actual, reasonable out-of-pocket costs incurred by Landlord for any architectural, engineering, supervisory and/or legal services in a workmanlike manner or in accordance connection with any Tenant Alterations including, without limitation, Landlord’s review of the plans and specifications provided to LANDLORDfor the Tenant Alterations. In such eventWithout limiting the generality of the foregoing, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD mayLandlord may require Tenant, at its Tenant’s sole optioncost and expense, correct such problem(sto obtain and provide Landlord with proof of insurance coverage, in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any Tenant Alterations without Landlord’s prior written consent (except as otherwise allowed hereunder), or complete without satisfaction of any conditions reasonably established by Landlord, Landlord shall have the Alterationsright, in addition to and 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 expense and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rentsame condition existing prior to undertaking the Tenant Alterations. It is understood and agreed by LANDLORD and TENANT that any such All Tenant Alterations shall be constructed on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD Premises, regardless of which party constructed them or its designated AGENT no later than 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 delivered at the time of Landlord’s consent to the Tenant Alterations (or, with respect to Tenant Alterations that do not require Landlord’s consent (or, with respect to cosmetic Alterations described above as not requiring Landlord’s consent, around the time of and in connection with Tenant’s written request of Landlord as to whether removal will be required), within ten (10) days after following Tenant’s written notice to Landlord of such Tenant Alterations), may require Tenant, at its sole cost and expense, to remove all (or such portion as Landlord shall designate) of the Tenant Alterations which are prepared or obtained not typical and customary for general office purposes, 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. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be obligated to remove any implementationfixtures, cabling or improvements currently located in the Premises as of the date of this Lease. The TENANT agrees If Tenant fails to allow inspection from time remove any such Tenant Alterations as required by Landlord’s consent, Landlord may do so and Tenant shall pay the entire cost thereof to time Landlord within thirty (30) days after Tenant’s receipt of Landlord’s written demand therefor. Tenant shall reimburse Landlord, within thirty (30) days of demand therefor, for all out of pocket costs and expenses reasonably incurred by Landlord during the period its review of construction of all Alterations. In addition, TENANT agrees to furnish "as built" Tenant’s plans and specifications for all Alterations within (regardless of whether Landlord approves Tenant’s request) and Tenant’s construction. Nothing contained in this Section 4.4 or the Section captioned “Tenant’s Work Performance” shall be deemed a reasonable period waiver of time after completion the provisions of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the AlterationsSection captioned “Mechanic’s Liens.

Appears in 1 contract

Samples: Office Lease (Kythera Biopharmaceuticals Inc)

Tenant Alterations. (a) Except for initial Leasehold Improvements made pursuant to Section 29 and Exhibit D hereofalterations, TENANT shall not make or permit anyone to make any Alterations, decorationsrepairs, additions, or improvements, structural or otherwise, or install any fixtures (hereinafter collectively referred to as "Alterations"), in 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 prior, written consent of LANDLORDLandlord. All of As a condition to such Alterations permitted by LANDLORD must conform to all rules and regulations established from time to time by the Insurance Underwriter's Association of the local area and by the LANDLORD and conform to all requirements of the Federalconsent, state and local governments. Prior to the commencement of work on any Alterations, the LANDLORD'S written approval must Landlord shall be obtained as 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 contractor(sDisability Acts) and subcontractor(s) selected to perform such work, and (ii) comprehensive constructed and installed in a good and workmanlike manner. The plans and specifications showing all for the proposed Alterations, including detailed descriptions Tenant Alterations shall include all improvements which must be made pursuant to the Disability Acts as a result of the effect 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 the mechanical and electrical systems of the Building. LANDLORD Landlord, but Landlord shall have the right to stop such work if the LANDLORD or its designated agent determines that such work is not being done in a workmanlike manner or in accordance with the plans and specifications provided to LANDLORD. In such event, TENANT shall promptly correct the problem(s) which gave rise to the work stoppage, and if TENANT fails to do so within a time period determined by LANDLORD to be reasonable, then LANDLORD may, at its sole option, correct such problem(s), or complete the Alterations, or remove the Alterations and restore the Premises to their original condition, and TENANT shall be liable for the costs of such action as additional rent. It is understood and agreed by LANDLORD and TENANT that any such Alterations shall be constructed rely on behalf of TENANT. Copies of all plats, plans, sketches, permits, samples, etc. which are prepared or obtained in the course of such Alterations shall be provided to the LANDLORD or its designated AGENT no later than ten (10) days after such are prepared or obtained and prior to any implementation. The TENANT agrees to allow inspection from time to time during the period of construction of all Alterations. In addition, TENANT agrees to furnish "as built" plans and specifications for all Alterations within a reasonable period of time after completion of Alterations, and to pay to LANDLORD or its designated agent a reasonable fee for updating the master reproducible Building blueprint to show the Alterationssame.

Appears in 1 contract

Samples: Sell and Purchase (Sabre Holdings Corp)

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