Common use of TENANT IMPROVEMENTS & ALTERATIONS Clause in Contracts

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring (“Alterations”), without Landlord’s prior written consent. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 2 contracts

Samples: Lease Agreement (Sagimet Biosciences Inc.), Lease Agreement (Sagimet Biosciences Inc.)

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TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring (“Alterations”), without Landlord’s prior written consent. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by TenantTxxxxx’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. LandlordLxxxxxxx’s right to review and approve (or withhold approval of) TenantTxxxxx’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant Txxxxx is intended solely to protect Landlord, the Property and LandlordLxxxxxxx’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 2 contracts

Samples: Lease Agreement (Sagimet Biosciences Inc.), Lease Agreement (Sagimet Biosciences Inc.)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the "Tenant Improvements"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, ("Alterations"), without Landlord’s 's prior written consent. Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 2 contracts

Samples: Part of Lease Agreement (Talk City Inc), Lease Agreement (Trintech Group PLC)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant The Parties shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “"Tenant Improvements”), as provided in the Construction Rider. Tenant Improvement Rider attached to the Lease as Exhibit B. Except for any Tenant Improvements to be constructed by Landlord or Tenant as provided in the Construction Riderthis Lease, Tenant shall not make any alterations, improvements or similar structural or non-structural changes to the Premises, including installation of any security system or telephone or data communication wiring Premises (“Alterations”), without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that Tenant shall not be required to obtain Landlord’s prior consent for interior non- structural changes with a total project cost under $10,000. Tenant shall provide Landlord with at least five (5) business days prior notice prior to commencing any Alterations, which are not subject to Landlord’s prior consent. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new good materials; (ii) in compliance with plans and specifications approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; (iii) in compliance with the any construction rules and regulations which have then been promulgated uniformly and in good faith and communicated by Landlord from time to timeTenant; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable the conditions set forth in the following sentence which Landlord may in Landlord’s good faith discretion imposeimpose at the time of giving the consent. Such The conditions may include permissibly imposed by Landlord shall be limited to requirements for Tenant to: (ia) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors contractors or design professionals, if the cost of work undertaken as a single project exceeds $50,000.00 and if Landlord would require such bonds or insurance if the contractors or professionals were retained by Landlord); (iib) use contractors or subcontractors designated approved by Landlord, which approval shall not be unreasonably withheld or delayed (or withheld without a written explanation of the reason therefor) or delayed; and (iiic) remove all or part of the Alterations prior to (except Tenant Improvements or upon Alterations paid for in whole or in part by Landlord) within thirty (30) days after expiration or termination of the Term, as designated by Landlord, and Landlord shall make or such designation at Alterations will then become the time property of approvalLandlord. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systemssystems, is required in connection with or as a result of Tenant’s workAlterations, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed Tenant but approved by Tenant is intended solely to protect Landlord, the Property and Landlord’s interestswhich approval shall not be unreasonably withheld, conditioned or delayed. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided In addition to any Alteration paid for in whole or in part by Landlord’s consent, and subject to the following sentence, all Alterations which would be fixtures under Arizona law if Tenant owned fee title to the Project shall upon installation become part of the realty Building and be the property of Landlord. Tenant may from time to time replace any Alterations upon satisfaction of all applicable requirements of this Section 5, provided that if any Alterations so replaced are the property of Landlord the replacement Alterations shall also be the property of Landlord.

Appears in 2 contracts

Samples: Office Lease Agreement (JOINT Corp), Office Lease Agreement (JOINT Corp)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Tenant accepts the Premises in "as is" condition. Landlord consents to the alterations identified on Exhibit D and Tenant shall perform their respective obligations with respect to design and construction of any improvements D-1 to be constructed and installed in made by Tenant, at Tenants expense. Notwithstanding the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Riderforegoing alternations, Tenant shall not make any further alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, ("Alterations"), without Landlord’s 's prior written consent. Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 1 contract

Samples: Lease (FSP 50 South Tenth Street Corp)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the "Tenant Improvements"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction RiderRider and except for work which is entirely within the Premises, does not affect any structural element of the Building, does not consist of removing any Tenant Improvements (unless replaced by improvements of equal or better quality, usability and marketability) and does not cost in excess of $100,000.00 in the aggregrate with all other Alterations made by Tenant during any period of twelve (12) consecutive months, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring Premises ("Alterations"), without Landlord’s 's prior written consent. Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion reasonably impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 1 contract

Samples: Lease (FSP 50 South Tenth Street Corp)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction RiderRider and except as otherwise provided below, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“Alterations”), without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materialsmaterials and utilizing contractors approved by Landlord in its reasonable discretion; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; and (iv) in accordance with the Declaration and all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with the Declaration and all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to ensure compliance with the Declaration and Laws and to reasonably protect Landlord, ’s interest from any material diminution in value or material damage to the Property structure or the HVAC and Landlord’s interestsBuilding Systems of the Building. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with the Declaration or applicable Laws or other requirements. Notwithstanding the foregoing provisions to the contrary, Tenant shall have the right, without Landlord’s consent, to make non-structural Alterations such as painting, wall or window coverings, floor coverings, or installation or rearrangement of cubicles or other modular office dividers that do not violate the Declaration or otherwise disturb the parking lot or soil on the Premises and that do not affect the Building structure, HVAC or Building Systems (“Minor Alterations”), provided that Tenant gives Landlord not less than ten (10) days prior written notice of any such Minor Alterations and shall otherwise comply with the terms and provisions of this Lease. Except as otherwise provided in Landlord’s consentconsent (if applicable), and except as otherwise provided in Section 6.4 below, all Alterations shall upon installation become part of the realty and be the property of Landlord.. Tenant shall have no obligation to remove any Minor Alterations or any other Alterations except to the extent that the same materially diminish the value of the Building in Landlord’s reasonable determination or materially affect the Building’s structure, HVAC or Building Systems, and then only to the extent that Landlord, at the time of giving its consent to any such Alteration, notified Tenant of the requirement that such Alteration be removed at the end of the Term. Whether or not Landlord’s consent is required for any improvements, upon receipt of written notice of Tenant’s intention to make any Alterations, Landlord may impose conditions upon Tenant’s right to perform such work as Landlord may deem reasonably necessary to protect its interest in the Premises, including without limitation, requiring (a) insurance naming Landlord as additional insured, (b) Tenant to carry builder’s risk insurance with limits of coverage adequate to cover the cost of construction and naming Landlord as additional insured (which insurance shall be maintained during periods of construction and shall be primary in the event of a casualty occurring on or about the Premises), (c) adequate financial security or assurances to ensure the contractor and all subcontractors will be paid for their work, (d) the right to have a representative of Landlord be present during the making of any Alterations or Minor Alterations, and (e) the right to inspect any Alterations or Minor Alterations during the course of construction. Notwithstanding anything herein to the contrary, during any period where Landlord is performing initial construction of the Premises, including without limitation, constructing or installing the Tenant Improvements (i.e. until Landlord is completely finished with its initial construction work of the Premises and any Tenant Improvements), Tenant must use union contractors recognized and approved by the Building Trades Council having jurisdiction over Minneapolis, Minnesota to construct or install any tenant improvements, Alterations, Minor Alterations or tenant trade fixtures, equipment, etc...

Appears in 1 contract

Samples: Lease Agreement (Transoma Medical Inc)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective its obligations with respect to design and construction of any the improvements to be constructed and installed in the Premises (the “Landlord Improvements”), as provided in the Construction Rider - Landlord Improvements and Tenant shall perform its obligations with respect to design and construction of the improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction RiderRider - Tenant Improvements. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction RiderRider - Tenant Improvements, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“Alterations”), without Landlord’s prior written consent. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materialsmaterials (provided that, so long as the same is in like-new condition, Tenant may relocate to the Premises like-new items previously used by Tenant at its prior premises as a part of the Tenant Improvements and in any event, Tenant may reuse functioning existing wiring and cabling relocated from Tenant’s prior location); (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s reasonable discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated selected by Tenant and reasonably approved by Landlord; and (iii) subject to the terms and conditions of this Lease, remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property Project and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Ditech Networks Inc)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed menstruated by Tenant as provided in the Construction RiderRider or the Space Plan, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring (“Alterations”), without Landlord’s prior written consent. Notwithstanding the foregoing, Tenant may install a security system in the Premises, provided that the installation is otherwise done in accordance with the requirements of this Section 6 and this Lease, including obtaining Landlord’s prior written approval of the plans and specifications for such security system. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications reasonably approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s reasonable discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated reasonably approved by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated reasonably approved by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.Tenant Landlord _____ _____

Appears in 1 contract

Samples: Lease Agreement (BioElectronics Corp)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the "Tenant Improvements"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, ("Alterations"), without Landlord’s 's prior written consent. Notwithstanding any other provision contained herein, Tenant shall not be required to obtain Landlord's prior consent for minor, non-structural Alterations that (a) do not affect any. of the Building Systems, (b) are not visible from the exterior of the Premises, and (c) cost less than One Thousand Five Hundred Dollars ($1,500), so long as Tenant gives Landlord notice of the proposed Alterations at least ten (10) days prior to commencing the Alterations and complies with all of the following provisions (except that Tenant shall not be required to obtain Landlord's approval of any plans or specifications therefor). Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the reasonable construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's reasonable discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approvalTenant installs the Alterations. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, ; all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Blue Martini Software Inc)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the "Tenant Improvements”Improvement"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, ("Alterations"), without Landlord’s 's prior written consent. Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and contractor(s)and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 1 contract

Samples: Part of Lease Agreement (Trintech Group PLC)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect make no material alterations, changes or improvements to design the Leased Premises without the prior written consent of the Landlord, such consent not to be reasonably withheld, conditioned or delayed. Any and construction all alterations, additions, improvements and permanent fixtures made or placed in or on said Leased Premises (excluding Tenant's movable furnishings, furniture, equipment, trade fixtures and all other removable equipment) shall, upon the expiration of the Lease Term or the earlier termination of this Lease, belong to Landlord without compensation to Tenant; provided, however, that the Tenant shall be permitted to remove its movable furnishings, furniture, equipment, trade fixtures, other removable equipment and other personal property from the Leased Premises at any time during the Lease Term or within thirty (30) days after the expiration of the Lease Term or the earlier termination of this Lease. In any case where any alteration, addition, or improvement would require the consent of the holder of any improvements to be constructed and installed in mortgage or deed of trust, the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterationsprocure such consent before undertaking such alteration, improvements addition, or changes to the Premisesimprovement. No alteration, including installation of any security system addition, or telephone or data communication wiring (“Alterations”), without Landlord’s prior written consent. Any such Alterations improvement shall be completed by undertaken until the Tenant at Tenant’s sole cost shall have procured and expense: (i) with due diligence, in a good paid for all required municipal and workmanlike manner, using new materials; (ii) other governmental permits and authorizations of the various municipal departments and governmental subdivisions having jurisdiction. All work shall be done in compliance with plans applicable building codes and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including other laws, ordinances, orders, rates, regulations, and requirements of all workfederal, whether structural state, and municipal governments, and the appropriate departments, commissions, boards, and officers thereof. Tenant shall indemnify Landlord against any mechanic's and materialman's lien or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part other lien arising out of the Alterations prior to making of any alteration, addition, or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlordimprovement.

Appears in 1 contract

Samples: Lease Agreement (Tri Union Development Corp)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring (collectively, “Alterations”), without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Subject to Landlord’s prior written approval, not to be unreasonably withheld, conditioned or delayed, and subject to applicable Laws and the terms and conditions of this Lease, Tenant will be allowed to have its Approved Contractor (defined herein) install, at Tenant’s sole cost and expense (i) fiber and telecommunications cabling to the Building to serve the Premises for Tenant’s use, (ii) an antenna on the roof of the Premises in a location designated by Tenant and subject to the reasonable approval Landlord, and (iii) a backup generator on a concrete pad to be installed by Tenant at its sole expense to the rear of and adjacent to the Premises in a location designated by Tenant and subject to the reasonable approval of Landlord, to the extent the foregoing items are reasonably necessary for Tenant’s business operations. If the backup generator requires a fuel tank, then Landlord shall have the right to approve of the fuel tank and Tenant shall comply with all applicable governmental or quasi-governmental laws, rules, regulations, orders, ordinances and codes applicable to same, and any reasonable rules imposed by Landlord regarding such tank. The cabling, antenna and backup generator (and concrete pad) will be included in the definition of Alterations, except as otherwise provided herein. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable certain conditions which Landlord may in Landlord’s discretion imposeof this Section 6.1. Such The conditions of this Section 6.1, if applicable, may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation in writing at the time of approvalthe work. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors reasonably designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, and excluding Tenant’s identification signage, cabling, rooftop antenna, and backup generator (including concrete pad) and all appurtenances, all Alterations that are fixtures and not Tenant’s Trade Fixtures and personal property shall upon installation become part of the realty and be the property of Landlord. Notwithstanding anything in this Lease to the contrary, Tenant will be obligated to remove Tenant’s identification signage, cabling, rooftop antenna and backup generator (including concrete pad) and all appurtenances on or before the expiration or earlier termination of the Term of this Lease, and repair and restore any damage to the Premises, Building or Property arising because of installation or removal of the foregoing items.

Appears in 1 contract

Samples: Lease Agreement (Cascade Microtech Inc)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the "Tenant Improvements"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security 119 system or telephone or data communication wiring wiring, ("Alterations"), without Landlord’s 's prior written consent. Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, structural inside or outside the Premises, required to comply fully frilly with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's discretion impose. Such such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 1 contract

Samples: Original Lease Agreement (Murdock Group Career Satisfaction Corp)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the "Tenant Improvements"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, ("Alterations"), without Landlord’s 's prior written consent, which consent may not be unreasonably withheld, conditioned or delayed. Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations reasonably promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's reasonable discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by reasonably acceptable to Landlord; and (iii) remove all or part of the Alterations (which Alterations required Landlord's consent) prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of granting approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by reasonably acceptable to Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work work, proposed by Tenant is intended solely to protect Landlord, the Property Building and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord. If Tenant otherwise complies with this Section 6.1, Landlord's consent is not required for non-structural alterations which do not require a building permit or the cost of which do not exceed $0.50 per rentable square foot of the Premises in each instance.

Appears in 1 contract

Samples: Part of Lease Agreement (FSP 50 South Tenth Street Corp)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”"TENANT IMPROVEMENTS"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“Alterations”"ALTERATIONS"), without Landlord’s 's prior written consent, which consent shall not be unreasonably withheld or delayed. Notwithstanding any other provision contained herein, Tenant shall not be required to obtain Landlord's prior consent for minor, non-structural Alterations that (a) do not affect any of the Building Systems, (b) are not visible from the exterior of the Premises, and (c) cost less than Ten Thousand Dollars ($10,000), so long as Tenant gives Landlord notice of the proposed Alterations at least ten (10) days prior to commencing the Alterations and complies with all of the following provisions (except that Tenant shall not be required to obtain Landlord's approval of any plans or specifications therefor). Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the reasonable construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors approved by Landlord, which approval shall not be unreasonably withheld, and use contractors designated by LandlordLandlord for Alterations affecting the structure of the Building, the Building Systems and the life safety systems of the Building; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated in writing by Landlord, and Landlord shall make such designation at the time of approvalTenant requests Landlord's consent to the Alteration. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s ' s work, such work shall be performed at Tenant’s 's expense by contractors designated by Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Clarent Corp/Ca)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the "Tenant Improvements"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction RiderRider and except as otherwise provided below, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, ("Alterations"), without Landlord’s 's prior written consent, which consent shall not be unreasonably withheld or delayed. Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materialsmaterials and utilizing contractors approved by Landlord in its reasonable discretion; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; and (iv) in accordance with the Declaration and all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with the Declaration and all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to ensure compliance with the Declaration and Laws and to reasonably protect Landlord, 's interest from any material diminution in value or material damage to the Property structure or the HVAC and Landlord’s interestsBuilding Systems of the Building. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with the Declaration or applicable Laws or other requirements. Notwithstanding the foregoing provisions to the contrary, Tenant shall have the right, without Landlord's consent, to make non-structural Alterations such as painting, wall or window coverings, floor coverings, or installation or rearrangement of cubicles or other modular office dividers that do not violate the Declaration or otherwise disturb the parking lot or soil on the Premises and that do not affect the Building structure, HVAC or Building Systems ("Minor Alterations"), provided that Tenant gives Landlord not less than ten (10) days prior written notice of any such Minor Alterations and shall otherwise comply with the terms and provisions of this Lease. Except as otherwise provided in Landlord’s consent's consent (if applicable), and except as otherwise provided in Section 6.4 below, all Alterations shall upon installation become part of the realty and be the property of Landlord.. Tenant shall have no obligation to remove any Minor Alterations or any other Alterations except to the extent that the same materially diminish the value of the Building in Landlord's reasonable determination or materially affect the Building's structure, HVAC or Building Systems, and then only to the extent that Landlord, at the time of giving its consent to any such Alteration, notified Tenant of the requirement that such Alteration be removed at the end of the Term. Whether or not Landlord's consent is required for any improvements, upon receipt of written notice of Tenant's intention to make any Alterations, Landlord may impose conditions upon Tenant's right to perform such work as Landlord may deem reasonably necessary to protect its interest in the Premises, including without limitation, requiring (a) insurance naming Landlord as additional insured, (b) Tenant to carry builder's risk insurance with limits of coverage adequate to cover the cost of construction and naming Landlord as additional insured (which insurance shall be maintained during periods of construction and shall be primary in the event of a casualty occurring on or about the Premises), (c) adequate financial security or assurances to ensure the contractor and all subcontractors will be paid for their work, (d) the right to have a representative of Landlord be present during the making of any Alterations or Minor Alterations, and (e) the right to inspect any Alterations or Minor Alterations during the course of construction. Notwithstanding anything herein to the contrary, during any period where Landlord is performing initial construction of the Premises, including without limitation, constructing or installing the Tenant Improvements (i.e. until Landlord is completely finished with its initial construction work of the Premises and any Tenant Improvements), Tenant must use union contractors recognized and approved by the Building Trades Council having jurisdiction over Minneapolis, Minnesota to construct or install any tenant improvements, Alterations, Minor Alterations or tenant trade fixtures, equipment, etc...

Appears in 1 contract

Samples: Lease Agreement (Harvard Bioscience Inc)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the "Tenant Improvements"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the PremisesPremises ("Alterations"), including without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. Landlord shall not unreasonably withhold or delay consent to installation of any security system or telephone or data communication wiring which either requires any work outside the Premises or involves coordination or participation by the building engineers. Notwithstanding the foregoing, Tenant shall have the right, upon prior notice to Landlord to be given at least two (“Alterations”2) Business Days prior to any installation, but without any approval rights by Landlord, to install wiring for a security system or telephone or data communication which wiring is solely within the Premises and does not require coordination or participation by the building engineers. Notwithstanding any other provision contained herein, Tenant shall not be required to obtain Landlord's prior consent for minor, non-structural Alterations that (a) do not affect any of the Building Systems, (b) are not visible from the exterior of the Premises, and (c) cost less than Twenty-Five Thousand Dollars ($25,000), without so long as Tenant gives Landlord notice of the proposed Alterations at least ten (10) days prior to commencing the Alterations and complies with all of the following provisions (except that Tenant shall not be required to obtain Landlord’s prior written consent's approval of any plans or specifications therefor). Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the reasonable construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's reasonable discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors approved by Landlord, which approval shall not be unreasonably withheld or delayed, and use contractors designated by LandlordLandlord for Alterations affecting the structure of the Building, the Building Systems and the life safety systems of the Building (provided, that Landlord shall obtain bids from three [3] contractors for any such work costing more than Five Thousand Dollars [$5,000.00]); and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation in writing at the time of approvalLandlord consents to any such Alterations. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by LandlordLandlord (provided, that Landlord shall obtain bids from three [3] contractors for any such work costing more than Five Thousand Dollars [$5,000.00]). Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 1 contract

Samples: Part of Lease Agreement (Natus Medical Inc)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system (subject to the remaining terms and conditions of this Section 6.1) or telephone or data communication wiring wiring, (“Alterations”), without Landlord’s prior written consent, which consent will not be unreasonably withheld so long as Tenant gives Landlord at least ten (10) days prior written notice of the intended Alterations, and the Alterations (a) do not affect the structure, the water tight character of the Building or its roof, or any of the Building Systems and, (b) cost less than Forty Thousand Dollars ($40,000). Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new or like-new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s reasonable discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated approved by Landlord, which approval shall not be unreasonably withheld; and (iii) subject to the following provisions, remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord. Landlord hereby acknowledges and agrees that Tenant is subject to certain regulations and other applicable Laws regarding required security measures for banking institutions. Accordingly, Landlord shall in no event withhold consent to Tenant’s installation of a security system so required of Tenant to be installed within the Premises pursuant to the terms of this Lease. Subject to any applicable Regulations, inspection requirements, and the terms and conditions of this Lease, Tenant shall have the nonexclusive right to install an internal security system (Tenant’s “Security System”) within the Premises so long as such Security System in no ALMADEN FINANCIAL PLAZA event affects or otherwise impacts the functionality, structural integrity or operability of any Building system or the structure of the Building. The terms and conditions of this Lease, including, without limitation, Articles 6 and 19, shall govern such installation and removal by Tenant of the Security System. The size and design of such Security System shall be subject to Landlord’s prior written approval which approval shall not be unreasonably withheld, conditioned or delayed, and, to the extent required by applicable Laws, shall not be withheld. Tenant shall be responsible, at its sole cost and expense, for maintaining and repairing Tenant’s Security System in good condition and repair. Notwithstanding anything to the contrary contained in this Lease, so long as Landlord does not require in writing the Security System to be removed at the expiation or earlier termination of this Lease, upon expiration or earlier termination of this Lease, title to the Security System shall pass to Landlord. Notwithstanding anything to the contrary, Landlord shall make not directly or indirectly be liable to Tenant or any other person and Tenant hereby waives any and all claims against and releases Landlord and Landlord’s agents, employees, partners, shareholders, and managers from any and all claims arising as a consequence of or related to Tenant’s Security System, or the failure thereof. The terms of this paragraph are personal to Tenant initially named in this Lease and to an assignee pursuant to Permitted Transferee in connection with an assignment of this Lease. Notwithstanding the foregoing, but subject to the remaining terms of this Section 6.1, Tenant shall not be required to remove any portion of the Tenant Improvements to the extent the same are shown in the Approved Space Plan (defined in Exhibit B - Construction Rider) other than wiring and cabling which shall be removed by Tenant on or before the expiration or earlier termination of the Lease at Tenant’s sole cost; provided, however, that Landlord hereby reserves determination of Tenant’s removal and restoration obligations on any portion of the Tenant Improvements not shown on the Space Plan (attached to Exhibit B as Schedule 1 thereto), which are incomplete on the Space Plan or for which new information is derived from the Final Construction Documents. Further, it is agreed that other than cabling and wiring, Tenant shall have no obligation to remove any standard office improvements such designation as gypsum board, partitions, ceiling grids and tiles, fluorescent lighting panels, Building standard doors and non-glued down carpeting (such improvements collectively referred to as “Standard Office Improvements”). Notwithstanding anything to the contrary contained herein, so long as Tenant’s written request for consent for a proposed Alteration contains the following statement in large, bold and capped font “PURSUANT TO SECTION 6 OF THE LEASE, IF LANDLORD CONSENTS TO THE SUBJECT ALTERATION, LANDLORD SHALL NOTIFY TENANT IN WRITING WHETHER OR NOT LANDLORD WILL REQUIRE SUCH ALTERATION TO BE REMOVED AT THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE.”, at the time Landlord gives its consent for any Alterations, if it so does, Tenant shall also be notified whether or not Landlord will require that such Alterations be removed upon the expiration or earlier termination of approvalthis Lease. Notwithstanding anything to the contrary contained in this Lease, at the expiration or earlier termination of this Lease and otherwise in accordance with Section 19.1 hereof, Tenant shall be required to remove all Alterations made to the Premises except for any Standard Office Improvements (as provided above) and further except for any such Alterations which Landlord expressly indicates or is deemed to have indicated shall not be required to be removed from the Premises by Tenant. If Tenant’s written notice strictly complies with the foregoing and if Landlord fails to notify Tenant within twenty (20) days of Landlord’s receipt of such notice whether Tenant shall be required to remove the subject alterations or improvements at the expiration or earlier termination of this Lease, it shall be assumed that Landlord shall require the removal of the subject Alterations. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property Project and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Bridge Capital Holdings)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”"TENANT IMPROVEMENTS"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“Alterations”"ALTERATIONS"), without Landlord’s 's prior written consent, which consent shall not be unreasonably withheld or delayed. Notwithstanding any other provision contained herein, Tenant shall not be required to obtain Landlord's prior consent for minor, non-structural Alterations that (a) do not affect any of the Building Systems, (b) are not visible from the exterior of the Premises, and (c) cost less than Ten Thousand Dollars ($10,000), so long as Tenant gives Landlord notice of the proposed Alterations at least ten (10) days prior to commencing the Alterations and complies with all of the following provisions (except that Tenant shall not be required to obtain Landlord's approval of any plans or specifications therefor). Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the reasonable construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors approved by Landlord, which approval shall not be unreasonably withheld, and use contractors designated by LandlordLandlord for Alterations affecting the structure of the Building, the Building Systems and the life safety systems of the Building; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, for all Alterations shall upon installation become part of the realty costing more than One Hundred Thousand and be the property of Landlord.00/100 Dollars ($ 100,000.00) either (x) use Commercial Interior

Appears in 1 contract

Samples: Part of Lease Agreement (Clarent Corp/Ca)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“Alterations”), without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding any other provision contained herein, Tenant shall not be required to obtain Landlord’s prior consent for minor, non-structural Alterations that (a) do not affect any of the Building Systems, (b) are not visible from the exterior of the Premises, and (c) cost less than Ten Thousand Dollars ($10,000), so long as Tenant gives Landlord notice of the proposed Alterations at least ten, (10) days prior to commencing the Alterations and complies with all of the following provisions (except that Tenant shall not be required to obtain Landlord’s approval of any plans or specifications therefor). Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors approved by Landlord, which approval shall not be unreasonably withheld, and use one of three (3) contractors (having market rates) which are designated by LandlordLandlord for Alterations affecting the structure of the Building, the Building Systems and the life safety systems of the Building; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated in writing by Landlord, and Landlord shall make such designation at the time of approvalLandlord consents to any Alterations. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by LandlordLandlord who charge for such work at rates prevailing in the geographical location of the Project. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Fox Hollow Technologies Inc)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system Premises or telephone or data communication wiring the Building (“Alterations), without Landlord’s prior written consent. Notwithstanding the foregoing, Tenant shall have the right, without the consent of, but with prior written notice to, Landlord, to make Alterations to the Premises which (a) are not structural in nature, (b) are not visible from the exterior of the Building, (c) do not require modification or materially or adversely affect of the Building Systems, and (d) do not affect the water tight character of the Building or its roof (“Permitted Alterations“). In addition, Tenant shall be permitted to paint the interior exposed painted walls of the Premises, install telephone or data communication wiring for a normal general office use, and install floor covering in the Premises without Landlord’s prior written consent, but otherwise in accordance with the terms and conditions of this Section 6. Landlord may, in its reasonable discretion, withhold consent to any alteration, addition or improvement that may affect the structure of the Building or may adversely or materially affect, or otherwise require modification to, any Building System. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by LandlordLandlord to the extent required hereunder; (iii) in compliance with the reasonable construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable and industry standard conditions which Landlord may in Landlord’s discretion imposeimpose which are in accordance with such conditions that a landlord of a building of similar size and quality in the Milpitas, California area may reasonably impose for the type of Alterations being performed as the same is reasonably determined by Landlord. Such conditions may include requirements for Tenant to: (i1) with respect to Alterations costing more than two (2) months’ Base Rent, provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals)reasonable evidence acceptable to Landlord of source of funds for the same; (ii2) use contractors or subcontractors designated reasonably approved by LandlordLandlord for work on Building Systems and/or any work that may involve or impact any structural element of the Building; and (iii3) remove all or part of the Alterations (other than Standard Office Improvements (as defined below)) prior to or upon expiration or termination of the Term. Notwithstanding anything to the contrary contained herein, so long as designated by LandlordTenant’s written request for consent for a proposed Alteration contains substantially the following statement in large, bold and Landlord shall make such designation capped font “PURSUANT TO SECTION 6 OF THE LEASE, IF LANDLORD CONSENTS TO THE SUBJECT ALTERATION, LANDLORD SHALL NOTIFY TENANT IN WRITING WHETHER OR NOT LANDLORD WILL REQUIRE SUCH ALTERATION TO BE REMOVED AT THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE.”, at the time Landlord gives its consent for any Alterations, if it so does, Tenant shall also be notified whether or not Landlord will require that such Alterations be removed upon the expiration or earlier termination of approvalthis Lease. Notwithstanding anything to the contrary contained in this Lease, at the expiration or earlier termination of this Lease and otherwise in accordance with Paragraph 19.1 hereof, Tenant shall be required to remove all Alterations (other than Standard Office Improvements) made to the Premises except for any such Alterations which Landlord expressly indicates or is deemed to have indicated shall not be required to be removed from the Premises by Tenant. If Tenant’s written notice strictly complies with the foregoing and if Landlord fails to notify Tenant within twenty (20) days of Landlord’s receipt of such notice whether Tenant shall be required to remove the subject alterations or improvements at the expiration or earlier termination of this Lease, with respect to non-structural and non-Building systems related Alterations, it shall be assumed that Landlord shall not require the removal of the subject Alterations at the expiration or earlier termination of this Lease. Notwithstanding the foregoing, or anything to the contrary contained elsewhere in this Lease, other than cabling and wiring, Tenant shall have no obligation to remove any standard office improvements such as gypsum board, partitions, ceiling grids and tiles, fluorescent lighting panels, Building standard doors and non-glued down carpeting (such improvements collectively referred to as “Standard Office Improvements”). In addition, Landlord hereby acknowledges agrees that Tenant shall not be required to remove at the expiration or earlier termination of this Lease any improvements located in the Premises as of the date of this Lease (e.g., the fitness center, the kitchen, labs). If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s workthe Tenant Improvements or any Alterations, such work shall be performed at Tenant’s expense by contractors designated reasonably approved by Landlord. The foregoing sentence shall not limit or modify Landlord’s express obligations set forth in Section 2.4 of Exhibit C. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property Project and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 1 contract

Samples: Lease Agreement (FireEye, Inc.)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“Alterations”), without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided however that Landlord’s consent to any Alterations which affect the Base Building may be withheld or conditioned in Landlord’s sole and absolute discretion. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time, including the requirement that Tenant’s work be performed in a manner that does not unreasonably interfere with existing Tenants; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s reasonable discretion impose, except that Landlord may condition its approval of any Alterations that affect the Base Building in its sole and absolute discretion. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 1 contract

Samples: Part of Lease Agreement (Hemacare Corp /Ca/)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the "Tenant Improvements"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, ("Alterations"), without Landlord’s 's prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, upon seven (7) days prior written notice to Landlord, Tenant shall have the right to make installations and changes to the telephone and data communication wiring without Landlord's consent on the conditions that Tenant shall (x) at the expiration or termination of this Lease remove all such telephone and data communication wiring located above and below ceilings, in chases and in risers (to the extent, within seven (7) days after Landlord's receipt of Tenant's notification of such installation, Landlord notifies Tenant that Landlord will require Tenant to remove such telephone and data communications wiring at the expiration or termination of this Lease), (y) obtain Landlord's prior written consent to any boring or cutting through structural or load-bearing portions of the Premises, which consent shall not be unreasonably withheld so long as such boring or cutting does not affect the structural integrity of the Building, and Tenant complies with any requirements of Landlord's independent structural engineer, and (z) at the expiration or termination of this Lease, Tenant shall restore all portions of the Premises being detrimentally affected by any boring or cutting for wires or cables done by, or at the request of, Tenant. Notwithstanding any other provision contained herein, Tenant shall not be required to obtain Landlord's prior consent for minor, non-structural Alterations that (a) do not affect any of the Building Systems, (b) are not visible from the exterior of the Premises, and (c) cost less than One Hundred Thousand Dollars ($100,000), so long as Tenant gives Landlord notice of the proposed Alterations at least ten (10) days prior to commencing the Alterations and complies with all of the following provisions (except that Tenant shall not be required to obtain Landlord's approval of any plans or specifications therefor). Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord, which approval shall not be unreasonably withheld; (iii) in compliance with the reasonable construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion reasonably impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds (but only for Alterations costing more than $100,000.00) or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors approved by Landlord, which approval shall not be unreasonably withheld, provided that contractors and subcontractors for Alterations affecting (x) the Building Systems are bondable, are experienced and have done work in buildings similar to the Buildings, (y) the structure of the Building are selected by Tenant from one of three (3) contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If Landlord approves any work outside the Premises or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by LandlordAlterations. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property Project and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord. Notwithstanding the foregoing, or anything to the contrary contained in this Lease, upon expiration of this Lease, Tenant shall have the right to remove its Alterations from the Premises on the condition that (x) Tenant repairs all damage to the Premises resulting from such removal, and (y) where Tenant removes any such Alterations, Tenant restores that portion of the Premises affected thereby to the condition existing on the Rent Commencement Date (including capping all utility lines, if any resulting from such removal), ordinary wear and tear excepted, on the condition that the Alterations can be removed from the Premises or the Building without causing any structural damage to the Premises and the Building.

Appears in 1 contract

Samples: Lease Agreement (3do Co)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring (“Alterations”), without Landlord’s prior written consentconsent (not to be unreasonably withheld, conditioned or delayed). Landlord hereby consents to the Alterations which constitute the Tenant Improvements to be constructed by Tenant as provided in the Construction Rider. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new good quality materials; (ii) in compliance with plans and specifications reasonably approved by Landlord; (iii) in compliance with the any reasonable construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s its reasonable discretion impose. Such For Alterations that involve an aggregate cost of $100,000.00, such conditions may include requirements for the requirement that Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated . Unless otherwise directed by Landlord; and , all Alterations, including the Tenant Improvements other than the FF&E (iii) remove all or part which shall remain the property of the Alterations Landlord), shall be removed prior to or upon expiration or earlier termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Infinera Corp)

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TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the "Tenant Improvements"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, ("Alterations”)") costing in each instance more than $50,000, without Landlord’s 's prior written consent, which will not be unreasonably withheld. Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's reasonable discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated reasonably approved by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation if Landlord at the time such Alterations were approved by Landlord (or if approval was not required, then at the time Tenant delivered to Landlord written description of approvalsuch Alterations), Landlord notified Tenant that the Alterations must be removed upon expiration or termination of the Term. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Pegasus Solutions Inc)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform perforce their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the "Tenant Improvements"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, ("Alterations"), without Landlord’s 's prior written consent; provided, however, that Tenant shall not be required to obtain Landlord's prior approval or consent for minor, non-structural Alterations that cost less than $2,500, do not require a building permit, do not affect any of the Building Systems, and are not visible from outside the Premises ("Minor Alterations"). Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structuralnonstructural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s Xxxxxx's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by Landlord. Landlord’s Xxxxxxxx's right to review and approve (or withhold approval of) Tenant’s Xxxxxx's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant Xxxxxx is intended solely to protect Landlord, the Property and Landlord’s Xxxxxxxx's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s Xxxxxxxx's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 1 contract

Samples: Basic Lease Information (Americom Usa Inc)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 (a) Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction RiderRider (“Tenant’s Work”), Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring (“Alterations”), without Landlord’s prior written consent. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s workWork, including all permits and governmental approvals required for such Alterations, which shall be applied for and obtained by Tenant); and (v) subject to all reasonable conditions commensurate with real estate industry standards which Landlord may in Landlord’s discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals)) if such work is reasonably expected to exceed four (4) months’ Base Rent; (ii) use design professionals, contractors or and subcontractors designated approved by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s workWork, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Taleo Corp)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the "Tenant Improvements"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Landlord for Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring ("Alterations"), without Landlord’s 's prior written consent, which consent shall not be unreasonably withheld or delayed provided that the proposed Alterations comply with the provisions of this Section 6 and this Lease. (Notwithstanding the foregoing, any nonstructural Alterations within the Premises that do not affect any mechanical, electrical, or other Building systems, do not cost more than $10,000 in the aggregate, and do not adversely affect the value of the Premises for general office uses shall not require Landlord's prior approval, provided that Tenant shall give Landlord notice of the commencement of such work (including plans and specifications therefor, as provided below) at least ten (10) days in advance and the work otherwise complies with the provisions of this Section 6 and this Lease.) Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the non- discriminatory construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's reasonable discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord. If Tenant specifically requests at the time of its submission of proposed plans to Landlord by written notice bearing the legend "Request for Confirmation of Restoration Obligations," Landlord shall identify the elements (if any) of the proposed Alterations that Landlord may require Tenant to remove at the end of the Term, provided that Tenant shall not be required to remove Alterations that are standard for general office use of the Premises and do not increase the costs of demolishing space for another tenant. Landlord shall have the right to require Tenant to remove any internal stairs, cafeteria, raised floors, demising walls for subtenants, vaults, and private bathrooms installed by or for Tenant.

Appears in 1 contract

Samples: Lease Agreement (C Bridge Internet Solutions Inc)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 (a) Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction RiderWork Letter. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction RiderWork Letter (“Tenant’s Work”), Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring (“Alterations”), without Landlord’s prior written consent, which shall not be unreasonably withheld, delayed or conditioned. Any However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Minor Alteration”): (a) is not visible from the exterior of the Premises or Building; (b) will not affect the base Building; and (c) does not require work to be performed inside the walls or above the ceiling of the Premises. Tenant shall provide at least ten (10) days prior written notice to Landlord of any such Minor Alteration. Tenant shall be entitled to make without Landlord’s prior consent and without notice to Landlord, Alterations that satisfy all of the following criteria (“Cosmetic Alterations”): (A) are of a cosmetic nature, such as painting, wallpapering, hanging pictures and installing carpeting, (B) do not require work to be performed inside the walls or above the ceiling of the Premises, and (C) that will not affect the base Building. All Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord, if such plans and specifications are necessary for the issuance of required permits or if reasonably deemed necessary by Landlord due to the nature of the work to be performed (except in the case of Cosmetic Alterations); (iii) in compliance with the reasonable construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws Laws, subject to Landlord’s obligation set forth in Section 2 above (including all workwork within the Premises, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s workWork, including all permits and governmental approvals required for such Alterations, which shall be applied for and obtained by Tenant); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use design professionals, contractors and subcontractors approved by Landlord in its reasonable discretion; provided, however, that Landlord’s approval shall only be required for design professionals, contractors and subcontractors that perform work that affects the Building structure or subcontractors designated by Landlordsystems; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s workWork, such work shall be performed at Tenant’s expense (other than work which is Landlord’s responsibility pursuant to Section 2 above) by contractors designated approved by LandlordLandlord in its reasonable discretion. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property Project and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Tercica Inc)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective its obligations with respect to design and construction of any improvements Tenant Improvements (defined in Exhibit B) to be constructed and installed in the Premises (the “Tenant Improvements”)Premises, as provided in the Construction Rider. Except for any Tenant Improvements work to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“Alterations”), without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, except for Alterations to structural portions, footing, or foundations, or utility systems serving other tenants of the Building, where Landlord may withhold its consent in its sole discretion. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work; provided, however, Tenant shall not be responsible for any outstanding code compliance violations that are the responsibility of Landlord that may be triggered by Alterations made by Tenant to the Premises); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion impose. Such conditions may include requirements impose for Tenant to: (i) provide evidence of financial ability to pay costs of construction (e.g. loan commitment or bank statement), letter of credit, or payment or performance bonds to the extent the estimated cost of the Alterations equals or additional exceeds $100,000; (ii) provide evidence of insurance (from Tenant or and Tenant’s contractors, subcontractors or design professionals); (iiiii) use only contractors or and subcontractors designated who qualify as an Approved Contractor (defined in Section 6.6 herein) if required by Landlordthe terms of Section 6.6; and (iiiiv) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord provided written notice of requirement to remove such Alterations shall make such designation be given at the time Landlord consents to such Alterations, except Cosmetic Alterations and the Tenant Improvements shall not be required to be removed by Tenant at the end of approvalthe Term. Tenant shall have the right, without Landlord’s consent, to make non-structural alterations to the Premises that do not alter the Building Systems, such as painting, wall, floor or window coverings, or installation or rearrangement of cabinets or other modular office dividers that do not affect the Building structure (“Cosmetic Alterations”). Tenant shall give Landlord not less than ten (10) days prior written notice of any such Cosmetic Alterations and shall otherwise comply with the terms and provisions of this Lease. If any adjustment to any of the Building Systems is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors approved by Landlord. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord. Notwithstanding anything in this Lease to the contrary, Tenant will be obligated to remove Tenant’s identification signage, cabling, and Tenant’s Trade Fixtures and personal property on or before the expiration or earlier termination of the Term of this Lease, and repair and restore any damage to the Premises, Building or Property arising because of installation or removal of the foregoing items.

Appears in 1 contract

Samples: Lease Agreement (Mocon Inc)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”"TENANT IMPROVEMENTS"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“Alterations”"ALTERATIONS"), without Landlord’s 's prior written consent, which consent shall not be unreasonably withheld, unless such Alterations involve or otherwise affect the Building Systems, in which case Landlord may withhold its consent at its sole discretion. Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord, provided that Tenant may use contractors or subcontractors selected by Tenant, so long as such contractors and subcontractors are approved in writing by Landlord prior to the commencement of such Alterations, and such Alterations do not involve or otherwise affect the Building Systems in any manner; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation provided that Landlord, if requested at the time that Tenant requests approval of approvalthe Alterations, shall inform Tenant at the time Landlord approves the Alterations (if such Alterations are approved) whether it will require such removal. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 1 contract

Samples: Part of Lease Agreement (Imall Inc)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring (“Alterations”), without Landlord’s prior written consent, which consent Landlord shall not unreasonably withhold. Notwithstanding the foregoing, Landlord may, in its sole discretion, withhold consent to any alteration, addition or improvement that may affect the structure of the Building or may adversely or materially affect, or otherwise require modification to, any Building System. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the reasonable construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by TenantTxxxxx’s work); and (v) subject to all reasonable industry standards and conditions which Landlord may in Landlord’s reasonable discretion impose. Such conditions may include requirements for Tenant to: (ia) provide payment or and performance bonds (for any Alterations (but expressly excluding the Tenant Improvements for which Landlord shall not require a performance bond) which will cost more than Five Hundred Thousand Dollars and No Cents ($500,000.00)) or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); provided, however, that Landlord shall only be entitled to require Tenant to provide to Landlord payment and performance bonds or additional insurance in connection with any Alterations in the event that following Landlord's evaluation of Tenant's then-current financial condition and performance history, Landlord determines in its good faith, prudent business judgment that the same is reasonably and prudently required; (iib) use contractors or subcontractors designated reasonably approved by Landlord; and (iiic) subject to the remainder of this Section 6.1 below, remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s workthe Tenant Improvements or any Alterations, such work shall be performed at Tenant’s expense by contractors reasonably designated by Landlord. LandlordLxxxxxxx’s right to review and approve (or withhold approval of) TenantTxxxxx’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant Txxxxx is intended solely to protect Landlord, the Property Project and LandlordLxxxxxxx’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord. Landlord’s consent to any Alterations shall not be required (but Tenant shall provide no less than ten (10) Business Days prior written notice with reasonable detail of such Alterations) with respect to Alterations that (A) do not affect the structure and/or any of the Building Systems, (B) are not visible from the exterior of the Premises, (C) do not affect the water tight character of the Building or its roof, (D) do not require a building permit, (E) do not move any interior walls or otherwise change the layout of the Premises, and (F) cost in the aggregate less than Five Hundred Thousand Dollars ($200,000.00) during any calendar year which are merely cosmetic changes to the Premises (“Cosmetic Changes”), such as painting, wall or floor coverings. Notwithstanding anything to the contrary contained herein, so long as Txxxxx’s written request for consent for a proposed Alteration contains the following statement in large, bold and capped font “PURSUANT TO SECTION 6.1 OF THE LEASE, IF LANDLORD CONSENTS TO THE SUBJECT ALTERATION, LANDLORD SHALL NOTIFY TENANT IN WRITING WHETHER OR NOT LANDLORD WILL REQUIRE SUCH ALTERATION TO BE REMOVED AT THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE.”, at the time Landlord gives its consent for any Alterations, if it so does, Tenant shall also be notified whether or not Landlord will require that such Alterations be removed upon the expiration or earlier termination of this Lease. Notwithstanding anything to the contrary contained in this Lease, at the expiration or earlier termination of this Lease and otherwise in accordance with Section 19.1 hereof, Tenant shall be required to remove all Alterations made to the Premises except for any such Alterations which Landlord expressly indicates shall not be required to be removed from the Premises by Tenant. If Txxxxx’s written notice strictly complies with the foregoing and if Landlord fails to notify Tenant within ten (10) Business Days of Landlord’s receipt of such notice, it shall be assumed that Landlord shall require the removal of the subject Alteration at the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Corsair Gaming, Inc.)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”). Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“Alterations”), without Landlord’s prior written consent. Any such Notwithstanding any other provision contained herein, Tenant shall not be required to obtain Landlord’s prior consent for minor, non-structural Alterations that (a) do not affect any of the Building Systems, (b) are not visible from the exterior of the Premises, (c) do not affect the water tight character of the Building or its roof, (d) do not require a building permit, (e) do not move any interior walls or otherwise change the layout of the Premises, and (f) cost less than Twenty-Five Thousand Dollars ($25,000), (collectively, “Minor Changes”) so long as Tenant gives Landlord notice of the proposed Minor Change at least ten (10) days prior to commencing the Minor Change and complies with all of the following provisions (except that Tenant shall not be required to obtain Landlord’s approval of any plans or specifications therefor). All Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated approved by Landlord, which approval shall not be unreasonably withheld, except that Landlord shall have the right to designate contractors and subcontractors for Alterations affecting either the structure of the Building, or the Building Systems; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord. At the time Landlord consents to any Alterations, and Landlord shall make such designation indicate which of Tenant’s Alterations Tenant must remove at Tenant’s sole cost and expense at the time end of approvalthe Term. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property Building and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 1 contract

Samples: Part of Lease Agreement (ArcSight Inc)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant The Parties shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Tenant Improvement Rider. Except for any Tenant Improvements to be constructed by Landlord or Tenant as provided in this Lease or the Construction Tenant Improvement Rider, Tenant shall not make any alterations, improvements or similar structural or non-structural changes to the Premises, including installation of any security system or telephone or data communication wiring Premises (“Alterations”), without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that Tenant shall not be required to obtain Landlord’s prior consent for interior nonstructural changes with a total project cost under $30,000. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a lien free, good and workmanlike manner, using new good materials; (ii) in compliance with plans and specifications approved by Landlord, if applicable, which approval shall not be unreasonably withheld, conditioned or delayed; (iii) in compliance with the any construction rules and regulations which have then been promulgated uniformly and in good faith and communicated by Landlord from time to timeTenant; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable the conditions set forth in the following sentence which Landlord may in Landlord’s reasonable discretion imposeimpose at the time of giving the consent. Such The conditions may include permissibly imposed by Landlord shall be limited to requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors contractors or design professionals, if the cost of work undertaken as a single project exceeds $75,000.00 and if Landlord would require such bonds or insurance if the contractors or professionals were retained by Landlord); (ii) use contractors or subcontractors designated approved by Landlord, which approval shall not be unreasonably withheld or delayed (or withheld without a written explanation of the reason therefor); and (iii) remove all or part of the Alterations prior to (except Tenant Improvements or upon Alterations paid for in whole or in part by Landlord) within thirty (30) days after expiration or termination of the Term, as specifically designated by Landlord, and Landlord shall make such designation at the time the Alterations are approved, or such Alterations will then become the property of approvalLandlord and remain in the Premises. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systemssystems, is required in connection with or as a result of Tenant’s workAlterations, such work shall be performed at Tenant’s expense by contractors designated by Tenant but approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) contractors and other aspects of construction work for any Alterations proposed by Tenant is intended solely to protect Landlord, the Property Project and Landlord’s interestsinterests in the Project, and Landlord shall not withhold, condition or delay any such approval or any consent for any other reason. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided In addition to any Alteration paid for in whole or in part by Landlord’s consent, and subject to the following sentence, all Alterations which would be fixtures under Arizona law if Tenant owned fee title to the Project shall upon installation become part of the realty Building and be the property of Landlord. Tenant may from time to time replace any Alterations upon satisfaction of all applicable requirements of this Section 5, provided that if any Alterations so replaced are the property of Landlord the replacement Alterations shall also be the property of Landlord.

Appears in 1 contract

Samples: Office Lease Agreement (Ryland Group Inc)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 6.1. Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”"TENANT IMPROVEMENTS"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“Alterations”"ALTERATIONS"), without Landlord’s 's prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, upon seven (7) days prior written notice to Landlord, Tenant shall have the right to make installations and changes to the telephone and data communication wiring without Landlord's consent on the conditions that Tenant shall (x) at the expiration or termination of this Lease remove all such telephone and data communication wiring located above and below ceilings, in chases and in risers (to the extent, within seven (7) days after Landlord's receipt of Tenant's notification of such installation, Landlord notifies Tenant that Landlord will require Tenant to remove such telephone and data communications wiring at the expiration or termination of this Lease), (y) obtain Landlord's prior written consent to any boring or cutting through structural or load-bearing portions of the Premises, which consent shall not be unreasonably withheld so long as such boring or cutting does not affect the structural integrity of the Building, and Tenant complies with any requirements of Landlord's independent structural engineer, and (z) at the expiration or termination of this Lease, Tenant shall restore all portions of the Premises being detrimentally affected by any boring or cutting for wires or cables done by, or at the request of, Tenant. Notwithstanding any other provision contained herein, Tenant shall not be required to obtain Landlord's prior consent for minor, non-structural Alterations that (a) do not affect any of the Building Systems, (b) are not visible from the exterior of the Premises, and (c) cost less than One Hundred Thousand Dollars ($100,000), so long as Tenant gives Landlord notice of the proposed Alterations at least ten (10) days prior to commencing the Alterations and complies with all of the following provisions (except that Tenant shall not be required to obtain Landlord's approval of any plans or specifications therefor). Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord, which approval shall not be unreasonably withheld; (iii) in compliance with the reasonable construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s discretion reasonably impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds (but only for Alterations costing more than $100,000.00) or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors approved by Landlord, which approval shall not be unreasonably withheld, provided that contractors and subcontractors for Alterations affecting (x) the Building Systems are bondable, are experienced and have done work in buildings similar to the Buildings, (y) the structure of the Building are selected by Tenant from one of three (3) contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If Landlord approves any work outside the Premises or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated by LandlordAlterations. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property Project and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord. Notwithstanding the foregoing, or anything to the contrary contained in this Lease, upon expiration of this Lease, Tenant shall have the right to remove its Alterations from the Premises on the condition that (x) Tenant repairs all damage to the Premises resulting from such removal, and (y) where Tenant removes any such Alterations, Tenant restores that portion of the Premises affected thereby to the condition existing on the Rent Commencement Date (including capping all utility lines, if any resulting from such removal), ordinary wear and tear excepted, on the condition that the Alterations can be removed from the Premises or the Building without causing any structural damage to the Premises and the Building.

Appears in 1 contract

Samples: Lease Agreement (3do Co)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed menstruated by Tenant as provided in the Construction RiderRider or the Space Plan, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring (“Alterations”), without Landlord’s prior written consent. Notwithstanding the foregoing, Tenant may install a security system in the Premises, provided that the installation is otherwise done in accordance with the requirements of this Section 6 and this Lease, including obtaining Landlord’s prior written approval of the plans and specifications for such security system. Any such Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications reasonably approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s reasonable discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated reasonably approved by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s work, such work shall be performed at Tenant’s expense by contractors designated reasonably approved by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.Tenant Landlord _____ _______

Appears in 1 contract

Samples: Lease Agreement (BioElectronics Corp)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the “Tenant Improvements”"TENANT IMPROVEMENTS"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, (“Alterations”"ALTERATIONS"), without Landlord’s 's prior written consent, which consent shall not be unreasonably withheld. Notwithstanding any other provision contained herein, Tenant shall not be required to obtain Landlord's prior consent for minor, non-structural Alterations that (a) do not affect any of the Building Systems, (b) are not visible from the exterior of the Premises, and (c) cost less than Fifty Thousand Dollars ($50,000) per floor with respect to any given floor which Tenant is then leasing in a Building, so long as Tenant gives Landlord notice of the proposed Alterations at least ten (10) days prior to commencing the Alterations and complies with all of the following provisions (except that Tenant shall not be required to obtain Landlord's approval of any plans or specifications therefor). In addition, Tenant shall have the right to add or change carpets and paint in the Premises without Landlord's consent. Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications reasonably approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property Project and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Inktomi Corp)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the "Tenant Improvements"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring ("Alterations"), without Landlord’s 's prior written consent. Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's discretion impose. Such conditions may include requirements for Tenant to: (i1) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated by Landlord, and Landlord shall make such designation at the time of approval. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 1 contract

Samples: Part of Lease Agreement (Clean Energy Fuels Corp.)

TENANT IMPROVEMENTS & ALTERATIONS. 6.1 Landlord and Tenant shall perform their respective obligations with respect to design and construction of any improvements to be constructed and installed in the Premises (the "Tenant Improvements"), as provided in the Construction Rider. Except for any Tenant Improvements to be constructed by Tenant as provided in the Construction Rider, Tenant shall not make any alterations, improvements or changes to the Premises, including installation of any security system or telephone or data communication wiring wiring, ("Alterations"), without Landlord’s 's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding any other provision contained herein, Tenant shall not be required to obtain Landlord's prior consent for minor, non-structural Alterations that (a) do not affect any of the Building Systems, (b) are not visible from the exterior of the Premises, and (c) cost less than Ten Thousand Dollars ($10,000), so long as Tenant gives Landlord notice of the proposed Alterations at least ten (10) days prior to commencing the Alterations and complies with all of the following provisions (except that Tenant shall not be required to obtain Landlord's approval of any plans or specifications therefor). Any such Alterations shall be completed by Tenant at Tenant’s 's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s 's work); and (v) subject to all reasonable conditions which Landlord may in Landlord’s 's discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s 's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors approved by Landlord, which approval shall not be unreasonably withheld, and use one of three (3) contractors (having market rates) which are designated by LandlordLandlord for Alterations affecting the structure of the Building, the Building Systems and the life safety systems of the Building; and (iii) remove all or part of the Alterations prior to or upon expiration or termination of the Term, as designated in writing by Landlord, and Landlord shall make such designation at the time of approvalLandlord consents to any Alterations. If any work outside the Premises Premises, or any work on or adjustment to any of the Building Systems, is required in connection with or as a result of Tenant’s 's work, such work shall be performed at Tenant’s 's expense by contractors designated by Landlord who charge for such work at rates prevailing in the geographical location of the Project.. Landlord. Landlord’s 's right to review and approve (or withhold approval of) Tenant’s 's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s 's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord’s 's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Perclose Inc)

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