Tenant Changes Clause Samples
The Tenant Changes clause defines the rules and procedures for any alterations, modifications, or improvements that a tenant wishes to make to the leased premises. Typically, this clause outlines the requirement for the tenant to obtain the landlord’s prior written consent before making changes, and may specify the types of changes that are permitted or prohibited. It often addresses responsibility for costs, restoration obligations at lease end, and compliance with laws or building codes. The core function of this clause is to protect the landlord’s property interests while providing a clear process for tenants to request and implement changes, thereby preventing unauthorized alterations and potential disputes.
Tenant Changes. Landlord may, but shall not be obligated to, approve any Tenant Change on the condition that Tenant shall pay in full, in advance (or cause to be paid in full from the Tenant Improvements Allowance), any and all additional costs or expenses associated with the approval of said Tenant Change. If Tenant shall request any Tenant Change, Landlord shall provide Tenant in writing (a “Landlord’s Change Estimate Notice”) the estimated costs of design and/or construction of the Tenant Improvements or Landlord Work that Landlord determines will be incurred as a consequence of such Tenant Change on an order of magnitude basis and shall provide Tenant with the estimated Tenant Delay, if any, on account of such proposed Tenant Change. Tenant shall, within three Business Days following receipt of Landlord’s Change Estimate Notice, notify Landlord in writing whether it desires to proceed with the applicable Tenant Change or withdraw such Tenant Change. Tenant’s failure to respond in such three Business Day period shall be deemed to be a withdrawal of the applicable Tenant Change. The cost of any Tenant Change shall be determined on a net basis; i.e. taking into account the savings, if any, resulting from such Tenant Change. To the extent that there is no remaining unutilized Tenant Improvements Allowance, the Over-Allowance Amount shall be adjusted for any Tenant Change. If and to the extent that Landlord initiates any change orders in the Tenant Improvements, such change orders shall be at Landlord’s sole cost and expense to the extent that the net cost of such changes exceed the costs that would have been incurred but for such change. Without limiting the generality of any provisions of this Tenant Work Letter, Tenant acknowledges that any extension of time due to a Tenant Change will not cause an extension of any Rent Commencement Date. Landlord shall be authorized to proceed with work described in a Tenant Change upon receipt of Tenant’s notice to proceed following the giving of Landlord’s Change Estimate Notice.
Tenant Changes. Conditions. After installation of the initial Leasehold Improvements for the Premises pursuant to Exhibit "D", Tenant may, at its sole cost and expense, make alterations, additions, improvements and decorations to the Premises (collectively, "Tenant Changes") subject to and upon the following terms and conditions:
(a) Notwithstanding any provision in this Paragraph 14 to the contrary, Tenant is absolutely prohibited from making any alterations, additions, improvements or decorations which: (i) affect any area outside the Premises; (ii) affect the Building's structure, or detrimentally affect any equipment or systems, or the proper functioning thereof, or Landlord's access thereto; (iii) affect the outside appearance, character or use of the Project, the Building or the Common Areas; (iv) weaken or impair the structural strength of the Building; (v) in the reasonable opinion of Landlord, lessen the value of the Project or Building; or (vi) will violate or require a change in any occupancy certificate applicable to the Premises.
(b) Before proceeding with any Tenant Change which is not otherwise prohibited in Subparagraph 14.1(a) above, Tenant must first obtain Landlord's written approval thereof (including approval of all plans, specifications and working drawings for such Tenant Change), which approval shall not be unreasonably withheld or delayed. However, Landlord's prior approval shall not be required for any Tenant Change (i) which, when combined with all of Tenant's other Tenant Changes over a twelve-month period do not, in the aggregate, cost more than Ten Thousand Dollars ($10,000.00); (ii) provided that Tenant delivers to Landlord final plans, specifications and working drawings for such Tenant Change at least ten (10) days prior to commencement of the work thereof; and (iii) further provided that Tenant and such Tenant Change otherwise satisfy all other conditions set forth in this Subparagraph 14.1.
(c) After Landlord has approved the Tenant Changes and the plans, specifications and working drawings therefore, Tenant shall: (i) enter into an agreement for the performance of such Tenant Changes with such contractors and subcontractors selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (ii) before proceeding with any Tenant Change, provide Landlord with ten (10) days' prior written notice thereof; and (iii) pay to Landlord, within fifteen (15) days after written demand, the costs of any increa...
Tenant Changes. Landlord shall reasonably approve any Tenant Change on the condition that Tenant shall pay in full, in advance (or cause to be paid in full from the Tenant Improvements Allowance), any and all additional costs or expenses associated with the approval of said Tenant Change.
Tenant Changes. Landlord may, but shall not be obligated to, approve any Tenant Change on the condition that Tenant shall pay in full, in advance (or cause to be paid in full from the Tenant Improvements Allowance), any and all additional costs or expenses associated with the approval of said Tenant Change. If Tenant shall request any Tenant Change, Tenant shall provide Landlord in writing (a “Tenant’s Change Estimate Notice”) the estimated costs of design and/or construction of the Tenant Improvements that Tenant determines will be incurred as a consequence of such Tenant Change on an order of magnitude basis on account of such proposed Tenant Change. The cost of any Tenant Change shall be determined on a net basis; i.e. taking into account the savings, if any, resulting from such Tenant Change.
Tenant Changes. In the event that after Tenant’s execution of this Lease, any revisions, changes, or substitutions (“Tenant Changes”) shall be made by Tenant (subject to Landlord’s approval) to (i) the Space Plan, (ii) the Approved Working Drawings (once the same are completed and approved), or (iii) the Tenant Improvements or in the event that Tenant requests revisions, changes, or substitutions which cause the Approved Working Drawings to not be a logical extension of the Space Plan, then any additional costs which arise in connection with such revisions, changes or substitutions which would cause the cost to construct the Tenant Improvements to exceed Two Million Seven Hundred Ninety Thousand Four Hundred Seventy and No/100 Dollars ($2,790,470.00) (such excess, the “Over-Allowance Amount”) shall be paid by Tenant to Landlord within ten (10) business days of Landlord’s written request or, at Tenant’s election, Tenant may apply the Improvement Allowance to the cost of such changes pursuant to Section 2.2, below. Upon Tenant’s request for any such change, Landlord shall provide an good faith but non-binding estimate of any increased costs or delays resulting therefrom, and Tenant shall thereafter have two (2) business days to approve such change or withdraw its request.
Tenant Changes. Tenant may request a change, addition or alteration in the Tenant Improvements as shown by the Approved Plans after Tenant's final approval of such Approved Plans (a "Change Order") by delivery of a written request to Landlord for its approval and for the general contractor's determination of (i) the increase on the cost of work to implement the Change Order, and (ii) the estimated delay, if any, in the construction of the Tenant Improvements occasioned by the Change Order. Tenant's architect shall complete all working drawings necessary to show the change, addition or alteration, and a Change Order in form satisfactory to Landlord. Following its approval of the Change Order and any delays in construction occasioned by the Change Order, Landlord shall deliver to Tenant its written approval of the Change Order and authorization to proceed with the work as shown by the Change Order, conditioned upon payment by Tenant to Landlord, in advance and in full, of any cost increase occasioned thereby. Landlord may decline any proposed Change Order if the change is inconsistent with the provisions of any of paragraphs 1 through 4 above. Any delay caused by work stoppage pending Landlord's approval of a Change Order of payment by Tenant of any cost increase shall constitute Tenant Delay. If Landlord fails to disapprove a Change Order within five (5) days after Landlord's receipt thereof, the Change Order shall be deemed approved.
Tenant Changes. If Tenant requests any change, addition or alteration in the Tenant Improvement Plans or Final Plans, Tenant’s Architect shall prepare plans and specifications with respect to such change, addition or alteration, which plans and specifications shall be submitted to Landlord for Landlord’s review and approval. The procedure set forth in
Tenant Changes. Subject to the provisions of Section 3.4 of this Work Letter, Tenant may, from time to time, by written order to Landlord, on a form reasonably specified by Landlord, request a change in the Landlord Work shown on the Construction Documents ("Tenant Change"), which approval shall not be unreasonably withheld or conditioned, and shall be granted or denied within five (5) Business Days after delivery of such Tenant Change to Landlord. The Over-Allowance Amount (as defined below) shall be adjusted for any Tenant Change as further contemplated by Section 3.4, below. Landlord has no obligation to approve or perform any Tenant Change not shown on the Construction Documents if, in Landlord's reasonable judgment, such Tenant Change (i) would delay completion of the Landlord Work beyond the Substantial Completion Date set forth on Attachment 2; (ii) would materially increase the cost of performing the Landlord Work or any other work in the Building, unless in each case Tenant agrees to pay such costs based on Landlord's Change Estimate Notice (as defined below), (iii) are incompatible with the design, quality, equipment or systems of the Building or otherwise require a change to the existing Building systems or structure, each in a manner that would not otherwise be required in connection with the improvements contemplated by the Fit Plan, (iv) is not consistent the first class nature of the Building, or (v) otherwise do not comply with the provisions of the Lease.
Tenant Changes. If Tenant shall request any reasonable revisions to the Plans, Landlord shall have such revisions prepared at Tenant’s sole cost and expense and Tenant shall reimburse Landlord for the cost of preparing any such revisions to the Plans, plus any applicable state sales or use tax thereon, upon demand. Promptly upon completion of the revisions, Landlord shall notify Tenant in writing of the increased cost in the Landlord Work, if any, resulting from such revisions to the Plans. Tenant, within three (3) business days, shall notify Landlord in writing whether it desires to proceed with such revisions. In the absence of such written authorization, Landlord shall have the option to continue work on the Premises disregarding the requested revision. Tenant shall be responsible for any costs incurred by Landlord due to any delay in completion of the Premises resulting from any revision to the Plans. If such revisions result in an increase in the cost of Landlord Work, such increased costs, plus any applicable state sales or use tax thereon, shall be payable by Tenant upon demand. Notwithstanding anything herein to the contrary, all revisions to the Plans shall be subject to the approval of Landlord.
Tenant Changes. (a) Supplementing the provisions of Section 15.2(c) of the Lease: Simultaneously with the submission of any "as-built" plans, Tenant shall deliver such "as built" drawing to Landlord in the form of computer assisted design ("CAD") drawings on diskette.
(b) Effective on the Additional Premises Commencement Date, EXHIBIT N annexed hereto shall be deemed to replace Exhibit N originally annexed to the Lease.
(c) Supplementing the provisions of Section 15.4(b) of the Lease: Without limiting Tenant's obligations or Landlord's rights pursuant to Section 15.4(b), if Tenant fails to obtain all final governmental approvals, licenses, "sign-offs" and certificates which are necessary to "close out" any Permit and/or fails to close out such Permit within sixty (60) days after completion of any Tenant Change, Landlord may, but shall not be obligated to, take all commercially reasonable steps necessary in order to close out such Permit. The costs of such actions taken by Landlord to close out such Permit shall be paid by Tenant to Landlord within ten (10) days after Tenant's receipt of Landlord's invoice(s) therefor.