Tenant Improvements. Tenant shall obtain Landlord's written consent prior to performing any alteration, addition or improvement on or to the Premises; provided, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration of the structural components of the Premises, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is required, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of the alterations, additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by Landlord.
Appears in 6 contracts
Sources: Lease Agreement (Firstamerica Automotive Inc /De/), Lease Agreement (Firstamerica Automotive Inc /De/), Lease Agreement (Firstamerica Automotive Inc /De/)
Tenant Improvements. The Tenant shall obtain Landlord's may place additions or improvements (“Tenant Improvements”) on the Site provided that the Tenant first obtains written consent prior permission from the Landlord to performing any alteration, addition or improvement on or do so. No Tenant Improvements to the Premises; providedSite – including, howeverby way of example, that and not intended to be all inclusive: park model trailers, cabin and cottage style dwellings, bunk houses, Arizona rooms, covered decks, carports, oversized and additional sheds, gazebos, and the like – are to be of a permanent nature and must be capable of removal with a minimum amount of effort. All landscaping improvements whatsoever, including placement of soil, grass, gravel fill, decorative rock, shrubs, trees and the like, shall become the Landlord's consent ’s property upon placement of the same on the Site and shall not be required where removed by the contemplated work (i) does not include any alteration of Tenant unless directed to do so by the structural components of the Premises, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is required, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements Tenant Improvements placed by the Tenant shall be constructed in a good and workmanlike manner by licensed contractors and in compliance shall be safe for use, and free of danger, to all parties visiting the Site. Such improvements shall comply with all applicable laws, regulationsbylaws and regulations governing them. The Tenant assumes all risk, CC&R'sliability, zoning ordinances and building codescost arising directly or indirectly as a result of the Tenant Improvements including underground line locating or damage thereto. Except as provided immediately belowWhere the Tenant is in breach of these obligations, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant pay, upon expiration of the Term. Tenant shall not be required to remove any of the alterations, additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consentdemand, to the extent Landlord conditioned its consent upon removal for costs incurred by the Landlord remedying the Tenant’s breach of the subject alteration, addition or improvement by their obligations referred to in this paragraph 14. The Tenant at the expiration of the Term. With respect agrees such charge to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost be reasonable and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by Landlordnot a penalty.
Appears in 4 contracts
Sources: Lease Agreement, Lease Agreement, Lease Agreement
Tenant Improvements. In connection with the Extended Term and following full execution and delivery of this ▇▇▇▇▇▇▇▇ ▇▇. ▇, ▇▇▇▇▇▇▇▇ shall provide Tenant shall obtain Landlord's written consent prior to performing any alteration, addition or with a one-time Extended Term tenant improvement on or to the Premises; provided, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration allowance of the structural components of the Premises, and (ii) will not cost more than Two Hundred Fifty Sixty-Nine Thousand Seven Hundred Thirty-Seven and 50/100 Dollars ($250,000.00269,737.50) to complete. In (the event Landlord's consent is required, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000“Extended Term Improvement Allowance”). All alterations, additions The Extended Term Improvement Allowance shall be paid by Landlord as follows: (a) fifty percent (50%) of the Extended Term Improvement Allowance ($134,868.75) shall be paid to Tenant on the Effective Date; and (b) the remaining fifty percent (50%) of the Extended Term Improvement Allowance (“Remaining Extended Term Improvement Allowance”) in the amount of $134,868.75 shall be made available throughout the Extended Term and shall be used to install certain office and other tenant improvements for the Premises (the “Extended Term Improvements”). The Extended Term Improvements shall be of a quality and standard at least consistent with the improvements previously made by Landlord for the Premises and shall be constructed in a good accordance with plans and workmanlike manner specifications supplied by licensed contractors Tenant and approved in compliance with all applicable lawswriting by Landlord (“Plans”). The cost of the design and construction of the Extended Term Improvements shall be applied against the Remaining Extended Term Improvement Allowance. Tenant is not entitled to receive the unused portion of the Remaining Extended Term Improvement Allowance, regulationsif any. Other than the Tenant Improvements described above, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on Tenant hereby accepts the Premises by Tenant shall remain on for the Premises Extension Term in its current “AS-IS” condition, without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of the alterationsadditional modification, additions improvement or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured refurbishing by Landlord.
Appears in 2 contracts
Sources: Lease Addendum, Lease Addendum (Sonic Innovations Inc)
Tenant Improvements. The “Tenant Improvements” shall obtain Landlord's written consent prior mean the interior walls, partitions, doors, door hardware, wall coverings, wall base, counters, lighting fixtures, electrical and telephone wiring (from the point of general supply to performing any alteration, addition or improvement all tenants on or to the Premises; provided, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration floor of the structural components Building upon which the Premises is located), voice and data cabling and wiring for phones and computers, metering (if applicable) and outlets, ceiling grid and tiles, floor and window coverings, HVAC system (from the point of general supply to all tenants on the floor of the PremisesBuilding upon which the Premises is located, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In as well as supplemental HVAC on the event roof of the Building or other location approved by Landlord's consent is required, such consent shall approval not to be unreasonably withheld, conditioned or delayed), furniture, additional plumbing for the Premises, and other items of general applicability that Tenant desires to be installed in the interior of the Premises. In all events, Tenant shall provide promptly commence and diligently prosecute to Landlord a written description of any alterations (full completion Tenant’s Work in accordance with the Drawings. The parties agree that no demolition work or other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements Tenant’s Work shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or commenced on the Premises by until such time as Tenant shall remain has provided to Landlord copies of the demolition and building permits required to be obtained from all applicable governmental authorities and all other conditions precedent have been fully satisfied. All materials, work, installations, equipment and decorations of any nature whatsoever brought on or installed in the Premises without compensation of any kind to Tenant upon expiration before the commencement of the Term. Tenant shall not be required to remove any of the alterations, additions Term or improvements made to the Premises during the Term except only those alterationsshall be at Tenant’s risk, additions and neither Landlord nor any party acting on Landlord’s behalf shall be responsible for any damage thereto or improvements requiring Landlord's consentloss or destruction thereof due to any reason or cause whatsoever, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement excluding by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request reason of Landlord, shall upon the expiration of the Term, remove such alteration, addition ’s gross negligence or improvement at its cost and restore the Premises to its condition prior to such alteration, addition willful or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by Landlordcriminal misconduct.
Appears in 2 contracts
Sources: Office Building Lease Agreement (Sunnova Energy International Inc.), Office Building Lease Agreement (Sunnova Energy International Inc.)
Tenant Improvements. Landlord shall provide Tenant an allowance of $124,915 in consideration of Tenant’s cost of repainting and recarpeting the Leased Premises, construction of five additional offices, phone/data cabling, relocation expenses, adding add an auxiliary HVAC unit to serve voice and/or data equipment room. Tenant Improvement allowance shall be paid by Landlord within thirty (30) days of Tenant’s written request which shall include copies of paid invoices and notarized lien waivers from vendors performing work for Tenant. Tenant shall obtain Landlord's written consent prior not make or allow to performing be made any alteration, addition alterations or improvement on physical additions in or to the PremisesLeased Premises without first obtaining the written consent of Landlord, which consent may in the sole and absolute discretion of Landlord be denied. Any alterations, physical additions or improvements to the Leased Premises made by Tenant shall at once become the property of Landlord and shall be surrendered to Landlord upon the termination of this Lease; provided, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration of the structural components of the Premises, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is requiredat its option, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, may require Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of physical additions other than the alterations, additions or improvements made five offices and the auxiliary HVAC unit serving voice and/or data room and/or repair any alterations in order to restore the Leased Premises to the Premises during condition existing at the Term except only those alterationstime Tenant took possession, additions all costs of removal and/or alterations to be borne by Tenant. This clause shall not apply to moveable equipment or improvements requiring Landlord's consentfurniture owned by Tenant, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement which may be removed by Tenant at the expiration end of the Term. With respect Term if Tenant is not then in default and if such equipment and furniture are not then subject to such alterationsany other rights, additions or improvements only, Tenant upon the written request liens and interest of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by Landlord.
Appears in 2 contracts
Sources: Office Lease (Interface Security Systems, L.L.C.), Office Lease (Interface Security Systems Holdings Inc)
Tenant Improvements. Promptly after the Execution Date, Landlord, at Tenant’s sole cost and expense, shall commence and diligently pursue completion of the Additional Tenant Improvements to be constructed by it on the Premises. All Additional Tenant Improvements shall obtain Landlord's be constructed in substantial accord with Schedule C (as approved by the parties), in a workmanlike manner, and otherwise in substantial compliance with all applicable building, fire, health, and sanitary codes and regulations, and shall be performed by a licensed general contractor selected by Landlord and reasonably acceptable to Tenant. Once approved, no material changes to the Additional Tenant Improvements may be made without the written consent prior to performing any alterationof both parties, addition or improvement on or to the Premises; provided, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration of the structural components of the Premises, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is required, such consent which shall not be unreasonably withheld, conditioned conditioned, or delayed. In All approved changes shall be made in the form of a change order (“Change Order”) setting forth the increased costs, if any, caused by the change and specifying any anticipated delay relating to that Change Order, it any. Landlord shall be entitled to receive a supervision fee from Tenant on all eventsChange Orders equal to the greater of: (i) seven percent (7.0%) of the amount of the Change Order; and (ii) $50.00. Tenant shall reimburse Landlord for any increased costs, including any applicable supervision tees, within ten (10) days of Tenant’s receipt of the invoice from Landlord for those increased costs. Unless otherwise noted in writing in Schedule C or in the applicable Change Order, the Additional Tenant Improvements shall remain and be surrendered with the Premises on expiration of the Lease. If Schedule C or the Change Order provides that certain improvements are not to be surrendered, Tenant, at its sole cost, shall, upon termination of the Lease, remove those Additional Tenant Improvements which are not to remain and repair all damage to the Premises caused by their removal. This obligation shall survive a termination of the Lease. Except to the extent such is included in the Landlord’s property tax ▇▇▇▇ for the Building or as otherwise stipulated by the parties, during the Term, Tenant shall provide be responsible for any ad valorem taxes relating to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000)the Additional Tenant Improvements whether such are to remain or be removed. All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration Upon completion of the Term. Tenant shall not be required to remove any of the alterationsImprovements, additions or improvements made to the Premises during the Term except only those alterationsTenant, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned at its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlordexpense, shall upon provide Landlord with an as-built set of plans for the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by LandlordImprovements.
Appears in 2 contracts
Sources: Lease Agreement (Liquidia Technologies Inc), Lease Agreement (Liquidia Technologies Inc)
Tenant Improvements. Landlord shall complete the tenant improvements, if any, described on Exhibit “E” (the “Tenant Improvements”). The term “Substantially Completed” or any grammatical variation thereof, when used in this Lease, shall mean that the Tenant Improvements have been completed with the exception of punch list items which can be fully completed subsequent to the Commencement Date without material interference with Tenant’s activities. Tenant’s taking possession of the Premises shall be conclusive evidence of Tenant’s receipt of the Premises and of the Tenant Improvements being Substantially Completed and in good and satisfactory order, condition and repair. Tenant shall obtain have thirty (30) days from the Delivery Date to submit to Landlord's written consent prior , its punch list and Landlord shall, thereafter, use diligent efforts to performing any alteration, addition or improvement on or perform such work as may be necessary to complete same in an expeditious manner. Except with respect to the Premises; providedinitial Tenant Improvements, howeverLandlord shall have the right to include, that Landlord's consent as a cost of any work performed on behalf of Tenant, or at the request of Tenant, a construction management fee on all Tenant Improvements (the “Construction Management Fee”). Such fee shall not be required where the contemplated work exceed five percent (i5%) does not include any alteration of the structural components total cost of the Premises, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to completeTenant Improvements. In the event Landlord's consent is required, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good accordance with plans and workmanlike manner specifications prepared by duly licensed contractors and design professionals selected or approved by Landlord, in compliance with all the building code and other applicable laws, regulations, CC&R's, zoning ordinances and building codeslaw. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant Landlord shall not be required subject to remove any liability for failure to give possession of the alterations, additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior Tenant or to such alteration, addition cause the Tenant Improvements to be Substantially Completed on or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by Landlorda specific date.
Appears in 2 contracts
Sources: Office Lease (DiaMedica Therapeutics Inc.), Office Lease (DiaMedica Therapeutics Inc.)
Tenant Improvements. 8.1 The Tenant may place additions or improvements (“Tenant Improvements”) on the Site provided that the Tenant first obtains written permission from the Landlord to do so. Tenants must also obtain written permission from the Landlord to alter Sites, including but not limited to elevation, back-fill and drainage by way of the submission of written plans including dates of work to be done. All costs of any approved Tenant Improvements or Site alterations (including any costs to locate underground services) shall obtain Landlord's written consent prior be borne solely by the Tenant.
8.2 Tenant Improvements shall include but not be limited to performing any alterationbunk houses, addition or improvement on or Arizona rooms, covered decks, oversized and additional sheds, gazebos, and the like.
8.3 No Tenant Improvements to the Premises; provided, however, that Landlord's consent shall not Site are to be required where of a permanent nature and Tenant Improvements must be capable of removal with a minimum amount of effort.
8.4 Orientation (placement) of recreational vehicles on the contemplated work (i) does not include any alteration Site is at the sole discretion of the structural components of Landlord and must be orientated for their easy removal.
8.5 All Tenant Improvements placed by the Premises, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is required, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance shall be safe for use, and free of danger, to all parties visiting the Site. Such improvements shall comply with all applicable laws, regulationsbylaws and regulations governing them. The Tenant assumes all risk, CC&R'sliability, zoning ordinances and building codescost arising directly or indirectly as a result of the Tenant Improvements including underground line locating or damage thereto. Except as provided immediately belowWhere the Tenant is in breach of these obligations, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant pay, upon expiration of the Term. Tenant shall not be required to remove any of the alterations, additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consentdemand, to the extent Landlord conditioned its consent upon removal for costs incurred by the Landlord remedying the Tenant’s breach of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect their obligations referred to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of in this Section 8.1, it being understood and agreed that none of such improvements shall be insured by Landlordparagraph 8.5.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Tenant Improvements. Landlord shall construct certain improvements in the Second Additional Premises, the Third Additional Premises and the Existing Premises (the “Tenant Improvements”) in accordance with the attached Work Letter. In addition, Landlord shall deliver vacant, broom-clean possession of the Second Additional Premises with the following systems serving such premises in good working order, and as of the Third Additional Premises Commencement Date, the following systems serving such premises shall be in good working order: (i) electrical and lighting; (ii) fire protection systems; and (iii) fixtures, plumbing, roof and HVAC. Notwithstanding anything to the contrary in this Amendment, Tenant’s acceptance of the Second Additional Premises and the Third Additional Premises shall not be deemed a waiver of Tenant’s right to have defects in the foregoing repaired at no cost to Tenant as more particularly described in the next sentence. Tenant shall obtain Landlord's notify Landlord of such defects in writing within twelve (12) months after the applicable Commencement Date for such premises, and in each case, Landlord shall promptly commence repair of all such defects upon written consent prior to performing any alterationnotice from Tenant, addition or improvement on or to the Premises; provided, however, that Landlord's consent Landlord shall have no obligation to correct defects not reported to Landlord in writing within the applicable time period set forth above; provided further that the foregoing is not intended to and shall not be required where deemed as a limitation of Landlord’s on-going repair and maintenance obligation under the contemplated work (i) does not include any alteration Lease as amended hereby. Notwithstanding anything in the Lease to the contrary, provided the same are generally in keeping with Building standards and are consistent with Tenant’s permitted use or the interior improvements of the structural components of the PremisesExisting Premises and Suite 150, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is required, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of the alterations, additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant Improvements at the expiration or sooner termination of the Term. With respect to such alterationsLease, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by Landlordamended hereby.
Appears in 2 contracts
Sources: Sublease (Callidus Software Inc), Sublease (Callidus Software Inc)
Tenant Improvements. (a) Tenant currently occupies the Premises and acknowledges that it shall obtain Landlord's written consent prior continue to performing lease the Premises in its "as is" condition. In connection with this Second Amendment, Landlord has no obligation to make or pay for any alteration, addition improvements or improvement on or to alteration work in the Premises, the Building or the Project; provided, however, that Landlord's consent Landlord shall not provide Tenant with a tenant improvement allowance in an amount equal to Twenty One Thousand Nine Hundred Seventy Six Dollars ($21,976.00) (the "Improvement Allowance") to be required where used by Tenant toward the contemplated work cost of design and construction of certain improvements to the Premises (the "Improvements"). Tenant shall be responsible for all additional costs associated with the design and construction of the Improvements.
(b) Upon completion of the Improvements, Tenant shall submit to Landlord a request for disbursement of the Improvement Allowance, which disbursement request shall be accompanied by (i) does not include any alteration a description of the structural components costs of the PremisesImprovements for which such disbursement is requested, together with invoices evidencing such costs; and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is required, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of the alterations, additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent that any costs are to be paid to contractors or subcontractors for labor and materials, executed mechanic's lien releases from such contractors or subcontractors, which shall comply with the appropriate provisions of California Civil Code Section 3262(d).
(c) Provided that the Lease, as amended by this Second Amendment, is then in full force and effect and Tenant is not then in default, Landlord conditioned its consent upon removal shall disburse the Improvement Allowance to Tenant within thirty (30) days after Landlord's review and approval of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by items described in Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by Landlord6(b) above.
Appears in 2 contracts
Sources: Industrial Lease (Quantenna Communications Inc), Industrial Lease (Quantenna Communications Inc)
Tenant Improvements. Notwithstanding the fact that the Commencement Date of this Lease does not occur until the date set forth in Paragraph 2.b. above, following Delivery, Tenant shall obtain Landlord's written consent commence construction of the improvements Tenant desires to make in the Premises prior to performing any alterationTenant’s initial occupancy (the “Tenant Improvements”). For avoidance of doubt, addition or improvement on or to the Premises; provided, however, that Landlord's consent shall not be required where the contemplated work (i) does the Tenant Improvements shall consist of interior improvements necessary to facilitate the use by Tenant of the Premises for the use(s) permitted hereunder, and shall not include the installation of Building Systems or the modification of same; and (ii) Tenant is not acting as the agent of Landlord in its construction efforts and not performing any alteration work of improvements within the Premises on behalf of Landlord. During the portion of the structural components Construction Period following Delivery and prior to the Commencement Date, all of the Premisesprovisions of the Lease shall apply to the activities of Tenant and its contractors, suppliers, employees and agents in the Premises and the Building, except that (i) no rent shall be due or accrue under this Lease prior to the date Tenant’s free rent under Paragraph 2.c. above has expired, and (ii) during the Construction Period, Tenant’s liability under this Lease for acts or failures to act will not cost more than Two Hundred Fifty Thousand Dollars be limited as described in Paragraph 25.b.6. below. Except as otherwise expressly provided in this Paragraph 4 or Paragraph 9 below, all of the provisions of Paragraph 9 below ($250,000.00entitled “Alterations and Restoration”) shall apply to completethe construction of the Tenant Improvements. In Notwithstanding anything to the event contrary herein, the Alteration Operations Fee provided for in Paragraph 9.a. below shall be inapplicable to the construction of the initial Tenant Improvements and the Construction Management Fee provided for in Paragraph 4.e.iii. below shall instead apply. The architect selected by Tenant to prepare the plans and specifications and the general contractor selected by Tenant for the construction of the initial Tenant Improvements (“Tenant’s Contractor”) shall be subject to Landlord's consent is required’s prior written approval, such consent which shall not be unreasonably withheld, conditioned or delayed. In order to facilitate Tenant’s design of the Tenant Improvements, on or before May 15, 2011, Landlord shall submit to Tenant Building plans and specifications described as “permit and pricing documents” prepared by RMW Architects and its consultants, dated on or about April 28, 2011, in the form of an AutoCad compatible drawing file (“Base Building Plans”) as well as a complete and current copy of all eventsrules, regulations, instructions and procedures promulgated by Landlord with respect to design and/or construction of improvements within the Building, including contractor and insurance requirements (“Building Requirements”) sufficient to allow Tenant to complete Tenant’s plans for the Tenant Improvements. Subject to Landlord’s reasonable approval of the plans and specifications for the Tenant Improvements in accordance with the provisions of Paragraph 9.a. below (and provided that the work complies with all applicable Legal Requirements) the Tenant Improvements may include, without limitation, the following:
i. The construction of a full-service kitchen and cafeteria, which improvements may include (x) connecting the kitchen equipment to existing mechanical, electrical, plumbing and fire suppressions systems in the Building, (y) making necessary modifications to the Base Building structure and/or envelope for passage and routing of required infrastructure and (z) the installation of equipment and pertinent infrastructure required for a functioning kitchen, including but not limited to food service equipment, exhaust systems, waste systems (including grease interceptors), food storage units, and similar installations, and
ii. The construction of internal stairways between floors of the Premises (although, in any event, Tenant shall provide retain the right to Landlord a written description utilize the designated fire stairs for travel between floors of any alterations (other than alterations involving expenditure of less than $10,000its Premises, subject to Legal Requirements and reasonable Building rules). All alterations, additions and improvements In no event shall Tenant or Tenant’s Contractor be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of the alterations, additions or improvements made given access to the Premises during until Tenant has delivered to Landlord the Term except only those alterations, additions or improvements requiring Landlord's consent, to insurance certificates required by Landlord in connection with the extent Landlord conditioned its consent upon removal construction of the Tenant Improvements work and the insurance required under Paragraph 15 below. During the period that the Tenant Improvements are being performed concurrently with the Overlap Work, Tenant’s Contractor and Landlord’s Contractor shall cooperate with each other to ensure that their respective work can be performed in as efficient and cost effective a manner as possible. The Tenant Improvements shall be deemed “Substantially Completed” by Tenant’s Contractor when they have been completed in accordance with the final plans (as reasonably approved by Landlord and Tenant), subject alterationonly to correction or completion of “punch list” items, addition which items shall be limited to minor items of incomplete or improvement by Tenant at defective work or materials or mechanical maladjustments that are of such a nature that the expiration lack of completion does not materially interfere with or impair Tenant’s use of the Term. With respect to such alterations, additions or improvements only, Tenant upon Premises for Tenant’s business and the written request of Landlord, shall upon the expiration subsequent performance of the Term, remove such alteration, addition completion of the work will not materially interfere with or improvement at its cost and restore impair the use of the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by Landlordfor Tenant’s business.
Appears in 2 contracts
Sources: Office Lease (Twitter, Inc.), Office Lease (Twitter, Inc.)
Tenant Improvements. Tenant Landlord shall obtain Landlord's written consent prior to performing any alterationconstruct and, addition or improvement on or except as provided below to the Premises; providedcontrary, however, pay for the entire cost of constructing the tenant improvements (“Tenant Improvements”) described by the plans and specifications identified in Schedule “1” attached hereto (the “Plans”) including all shown Alternates with exception of Alternate #9. Tenant may request changes to the Plans provided that Landlord's consent (a) the changes shall not be required where of a lesser quality than Landlord’s standard specifications for tenant improvements for the contemplated work Building, as the same may be changed from time to time by Landlord (ithe “Standards”); (b) does the changes conform to applicable governmental regulations and necessary governmental permits and approvals can be secured; (c) the changes do not include require building service beyond the levels normally provided to other tenants in the Building; (d) the changes do not have any alteration adverse affect on the structural integrity or systems of the structural components Building; (e) the changes will not, in Landlord’s opinion, unreasonably delay construction of the Premises, Tenant Improvements; and (iif) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) Landlord has determined in its sole discretion that the changes are of a nature and quality consistent with the overall objectives of Landlord for the Building. If Landlord approves a change requested by Tenant, then, as a condition to complete. In the event effectiveness of Landlord's consent is required, such consent shall not be unreasonably withheld, conditioned or delayed. In all events’s approval, Tenant shall provide pay to Landlord a written description of upon demand by Landlord the increased cost attributable to such change, as reasonably determined by Landlord. To the extent any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed such change results in a good and workmanlike manner by licensed contractors and in compliance with all applicable lawsdelay of completion of construction of the Tenant Improvements, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises then such delay shall constitute a delay caused by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of the alterations, additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by Landlorddescribed below.
Appears in 2 contracts
Sources: Office Lease Agreement, Office Lease Agreement (Exponential Interactive, Inc.)
Tenant Improvements. Landlord agrees to construct within the Premises ------------------- certain improvements to the Premises ("Tenant shall obtain Improvements") pursuant to the terms of Exhibit B. Subject to completion of the Tenant Improvements, if any, --------- and to Landlord's written consent obligations set forth below in this Section 7, the Premises shall be delivered to Tenant in its then "as-is" condition, and Landlord shall not have any obligation to make or pay for any alterations, additions, improvements or repairs to prepare the Premises for Tenant's occupancy. The foregoing is not intended to diminish Landlord's repair and maintenance obligations pursuant to other provisions of this Lease. Within fifteen (15) days after Substantial Completion of the Tenant Improvements, but prior to performing Tenant moving any alterationof its furniture, addition fixtures or improvement on or to the Premises; provided, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration of the structural components of equipment into the Premises, upon either party's request Landlord and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is required, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, Tenant shall provide to Landlord a written description together conduct an inspection of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration and prepare a list of the Term. Tenant shall not be required to remove Punch List Items any items of the alterations, additions or improvements made to Tenant Improvements that are not in conformity with the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance Improvements as required by Section 11.2 covering the terms of this Lease. Landlord shall use its good faith efforts to correct all such items within a reasonable period of time following preparation of such list. In addition, within thirty (30) days following preparation of such list, upon either party's request Landlord and Tenant shall conduct a second inspection of the Premises and prepare a second list with respect to any improvementsitems that were not adequately completed from the first list and any items that were not reasonably discoverable during the first inspection. Landlord shall use its good faith efforts to correct any items listed on the second list within a reasonable period of time following preparation of such list. During the term of this Lease, alterations or additions Landlord shall use its good faith efforts to enforce any warranty claims with respect to the Premises made by construction of the Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by LandlordImprovements.
Appears in 2 contracts
Tenant Improvements. Tenant Lessee shall obtain Landlord's written consent prior to performing any alteration, addition or improvement on or accept the Premises in "as-is" condition and Lessee may make such alterations and modifications to the Premises; provided, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration of the structural components Premises as it requires for its initial occupancy of the Premises, provided that Lessor may provide that the Premises be returned to their original configuration to the extent that Lessee makes changes to the building exterior, windows or structural systems in performing said initial work. Landlord shall give Lessee notice six (6) months before the lease expiration of any such requirement by Lessor. For any and all improvements constructed after the first six (ii6) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) months following Lessee's occupancy of the Premises, Lessor shall have the right to completerequire that such later changes must also be returned to original condition by Lessee. In the event Landlord's consent is requiredcase of such later improvements, Lessee shall submit plans depicting such consent shall not work to Lessor at least ten (10) days prior to the proposed commencement date of the work. Prior to the commencement of any such work Lessor will confirm with Lessee whether Lessor requires the area affected by said work to be unreasonably withheld, conditioned or delayedrestored to original condition. In all eventsno event will Lessee be permitted to perform work which will result in the floor area of the Premises being increased without the prior written consent of Lessor, Tenant shall provide which consent may be withheld at Lessor's sole discretion. In connection with approved subleases or assignments for a portion of the Premises pursuant to Landlord a written description Paragraph 12 of any alterations (other than alterations involving expenditure of less than $10,000). All alterationsthe Lease, additions Lessee may subdivide the space and improvements shall be constructed in a good build out separate distinct suites with their own ingress and workmanlike manner by licensed contractors and egress to the common areas in compliance with all applicable laws, regulations, CC&R's, zoning ordinances city codes and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind expressly subject to Tenant upon expiration Lessor's prior written approval of the Termplans for such improvements. Tenant shall not be required to remove any of the alterations, additions or improvements made All alterations and modifications to the Premises during are conditioned upon Lessee's acquiring a permit to do so from the Term except only those alterationsappropriate governmental agencies, additions or improvements requiring Landlord's consent, the furnishing of a copy thereof to the extent Landlord conditioned its consent upon removal Lessor prior to commencement of the subject alteration, addition or improvement by Tenant at work and the expiration compliance of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request Lessee with all conditions of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost said permits in a prompt and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by Landlordexpeditious manner.
Appears in 2 contracts
Sources: Commercial Lease Agreement (Digital Domain Media Group, Inc.), Commercial Lease Agreement (Digital Domain)
Tenant Improvements. Tenant shall obtain Landlord's written consent prior not make or allow to performing be made any alterationalterations, addition physical additions or improvement on improvements in or to the PremisesLeased Premises without first obtaining the written consent of Landlord, which consent may in the sole and absolute discretion of Landlord be denied. Any alterations, physical additions or improvements to the Leased Premises made by or installed by either party hereto shall remain upon and be surrendered with the Leased Premises and become the property of Landlord upon the expiration or earlier termination of this Lease without credit to Tenant; provided, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration of the structural components of the Premises, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is requiredat its option, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, may require Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of physical improvements or additions and/or repair any alterations in order to restore the alterations, additions or improvements made Leased Premises to the Premises during condition existing at the Term except only those alterationstime Tenant took possession, additions all costs of removal and/or alterations to be borne by Tenant. This clause shall not apply to moveable equipment, furniture or improvements requiring Landlord's consentmoveable trade fixtures owned by Tenant, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement which may be removed by Tenant at the expiration end of the Term. With respect term of this lease if Tenant is not then in default and if such equipment and furniture are not then subject to such alterationsany other rights, additions or improvements only, Tenant upon the written request liens and interests of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required have no authority or power, express or implied, to create or cause any mechanic's or materialmen's lien, charge or encumbrance of any kind against the Leased Premises, the Property or any portion thereof. Tenant shall promptly cause any such liens that have arisen by Section 11.2 covering reason or any improvementswork claimed to have been undertaken by or through Tenant to be released by payment, alterations bonding or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured otherwise within thirty (30) days after request by Landlord, and shall indemnify Landlord against losses arising out of any such claim (including, without limitation, legal fees and court costs).
Appears in 1 contract
Sources: Office Lease (FWT Inc)
Tenant Improvements. Tenant agrees all improvements or renovations to the Premises (the “Tenant Improvements”) shall be at Tenant’s sole cost and own expense. In connection with the Tenant Improvements, ▇▇▇▇▇▇ agrees as follows:
(a) Tenant hereby takes the Premises in a strictly “AS IS” condition, and undertakes to perform all renovations and improvements necessary to make the Premises suitable for Tenant’s use, at Tenant’s sole expense.
(b) Tenant may make non-structural improvements to the Premises without the prior written consent of Landlord. Tenant shall obtain Landlord's written consent submit to Landlord such plans and specifications as Landlord may reasonably request prior to performing any alterationthe commencement of work.
(c) Tenant may not make structural alterations and changes in the Premises without first obtaining Landlord’s written consent, addition or improvement on or to the Premises; provided, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration of the structural components of the Premises, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is required, such consent which shall not be unreasonably withheld, conditioned delayed or delayedconditioned, after submission to the Landlord all plans, specifications and permits. In ▇▇▇▇▇▇▇▇’s permission may be withheld, and all events, Tenant shall provide to Landlord a written description of any structural alterations or changes are subject the following conditions:
(other than 1) All alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed performed so as not to interfere with the use of the building on the Property.
(2) No alterations shall be undertaken until Tenant shall have procured all required permits and authorizations of all municipal departments.
(3) All alterations shall be of the character as not to reduce the value of the Premises below its value immediately prior to the commencement of the Tenant Improvements.
(4) All alterations and improvements shall be made in a good and workmanlike manner by licensed contractors and in compliance with all applicable lawspermits, regulationsauthorizations, CC&R's, zoning ordinances legal requirements and the terms of this Lease.
(5) All aesthetic changes or alterations shall be consistent with the aesthetics of the building codes. Except as provided immediately below, all on the Property.
(d) All alterations, additions additions, or improvements shall become the property of the Landlord and improvements constructed in or on shall remain the property of the Landlord as part of the Premises by Tenant shall remain on at the Premises without compensation termination of any kind to Tenant upon expiration of the Termthis Lease, unless otherwise agreed. Tenant shall not be required permit any mechanics’ liens, or similar liens, to remove any of the alterations, additions or improvements made to remain upon the Premises during the Term except only those alterations, additions in connection with work of any character performed or improvements requiring Landlord's consent, claimed to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant have been performed at the expiration direction of the Term. With respect Tenant and shall cause any such lien to such alterations, additions be released or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its removed forthwith without cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by Landlord.
Appears in 1 contract
Sources: Lease Agreement
Tenant Improvements. Tenant shall obtain Landlord's written consent prior to performing any alteration, addition or improvement on or to the Premises; provided, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration of the structural components of the Premises, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is requiredof damage to or destruction of Tenant Improvements located within the Premises or in the event Tenant Improvements located within the Premises are declared unsafe or unfit for use or occupancy by a public entity with the authority to make and enforce such declaration, such consent Tenant shall, within thirty (30) days, commence and diligently pursue to completion the repair, replacement, or reconstruction of Tenant Improvements to the same size as they existed immediately prior to the event causing the damage or destruction, as necessary to permit full use and occupancy of the Premises for the purposes required by the Lease. Repair, replacement, or reconstruction of Tenant Improvements within the Premises shall be accomplished in a manner and according to plans approved by the Director, which approval shall not be unreasonably withheld, conditioned delayed or delayedconditioned, provided however that if the event causing the damage was an extraordinary occurrence not caused by Tenant (e.g. earthquake hurricane, tornado, tsunami, explosion, act of terror, war, or other casualty beyond the reasonable control of Tenant), Tenant may elect not to so repair or replace such improvements, in its sole discretion (provided that if the improvements are not to be repaired or replaced, then they shall be placed into a safe condition or removed), and the Rent shall be reduced accordingly based upon the reduction in use. In all eventsCounty shall not be liable for any damage to Tenant Improvements or Tenant personal property or of others located on the Premises, nor for the loss of or damage to any property of Tenant or others by theft or otherwise. All property of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant, unless such damage is caused by County willful misconduct or gross negligence. Notwithstanding the foregoing, should the Premises be substantially damaged (and not repaired by County) or the Tenant Improvements substantially damaged (and not repaired by Tenant) such that Tenant cannot make use of the Premises as contemplated by this Lease, Tenant shall provide have the right to Landlord a terminate this Lease upon thirty (30) days’ written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in notice to County after Tenant makes Tenant Improvements safe or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of the alterations, additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by Landlordsecure.
Appears in 1 contract
Sources: Lease Agreement
Tenant Improvements. Tenant shall obtain Landlord's written consent prior to performing any alteration, addition or improvement on or to (a) Landlord represents and warrants that the Premises; provided, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration of the structural components of the Additional Premises, and all routes of ingress and egress therefrom, as configured on the date hereof, comply with all applicable laws, regulations and ordinances, as in effect on the date hereof (iiincluding, without limitation, the Pennsylvania Fire and Panic Act, 35 P.S. Section 1221 et seq., and the United States Americans with Disabilities Act). Except as provided in the preceding sentence, Tenant has inspected the Demised Premises, is familiar with the condition thereof, and accepts the Additional Premises in "AS IS" condition, without any representation or warranty by Landlord, express or implied.
(b) will Landlord shall bear the entire expense of causing the Additional Premises, and all routes of ingress and egress therefrom, as configured on the date hereof, to comply with all applicable laws, regulations and ordinances, as in effect on the date hereof, consistent with the representation in subparagraph (a) of this paragraph 6. Except as provided in the preceding sentence, Tenant acknowledges that Landlord shall have no obligation to perform any improvements to the Demised Premises to prepare the Demised Premises for Tenant's occupancy.
(c) Tenant may perform, and Landlord hereby consents to, the work described on Exhibit "B" attached hereto (the "Tenant Improvements") upon the Additional Premises, and may occupy the Additional Premises by its employees and contractors for such purpose and any other purpose consistent with the Lease, without payment of any rent, from the date hereof through the Additional Premises Commencement Date. Tenant shall not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In make any other alterations or improvements within the event Additional Premises without the prior written consent of Landlord's consent is required, such which consent shall not be unreasonably withheld, conditioned or delayed. In all events, Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of the alterations, additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by Landlord.
Appears in 1 contract
Sources: Office Lease (Exe Technologies Inc)
Tenant Improvements. Sublessor shall provide Sublessee with a Tenant shall obtain Landlord's written consent prior to performing any alteration, addition or improvement on or to the Premises; provided, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration Improvement Allowance of the structural components of the Premises, and (ii) will not cost more than One Hundred Forty-Seven Thousand Two Hundred Fifty Thousand Thirty and 00/100 Dollars ($250,000.00147,230.00) which shall be issued to completeSublessee in the form of a check sixty (60) days after the Commencement Date. In Any Tenant Improvement work performed by Sublessee shall be done by a licensed and reputable contractor, and in accordance with all applicable governmental codes and ordinances, and in accordance with the event Landlord's consent is requiredprovisions of Paragraph 7 of the Master Lease. Sublessee shall use its best good faith efforts to perform any Tenant Improvement work in such a fashion that it will minimize any business disruption to any neighboring building occupants. Any work requiring disconnection of electrical service, such consent water, or sewer shall be performed whenever possible outside of normal business hours. Sublessee shall provide Sublessor with scale drawings of any work it intends to perform, and must have Sublessor’s written approval to perform any tenant improvement work, which approval shall not be unreasonably withheld, conditioned or delayed. In all events, Tenant Sublessor and Master Sublessor shall provide have the right to Landlord a written description post appropriate notice of non-responsibility for any alterations (other than alterations involving expenditure of less than $10,000)work performed by Sublessee. All alterations, additions Tenant Improvement work shall remain upon and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance surrendered with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on and become the Premises property of Sublessor at the termination of this Sublease without credit or compensation of any kind to Tenant upon expiration Sublessee. Prior to termination of the Term. Tenant shall not sublease, and at Sublessor’s discretion and one hundred eighty (180) day advance notice, Sublessee shall: (a) be required to remove all of its unattached, movable personal property; (b) remove any or all interior fixtures and equipment, if so required by the Sublessor; (c) remove any or all of the alterationsTenant Improvement work, additions at Sublessee’s expense, as may be stipulated by Sublessor; and cap off any exposed plumbing or improvements made to electrical in the Premises during Premises; and (d) repair any damage occasioned by the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by Landlordremoval.
Appears in 1 contract
Sources: Sublease Agreement (CITIC Capital Acquisition Corp.)
Tenant Improvements. Tenant shall obtain Landlord's written consent prior not make or allow to performing be made any alteration, addition alterations or improvement on physical additions in or to the Premisesleased premises without first obtaining the written consent of Landlord, which consent may in the sole and absolute discretion of Landlord be denied. Any alterations, physical additions or improvements to the leased premises made by Tenant shall at once become the property of Landlord and shall be surrendered to Landlord upon the termination of this Lease; provided, however, that Landlord's consent , at its option, may require Tenant to remove any physical additions and/or repair any alterations in order to restore the leased premises to the condition existing at the time Tenant took possession, all costs of removal and/or alterations to be borne by Tenant. This clause shall not apply to moveable equipment or furniture owned by Tenant, which may be required where removed by Tenant at the contemplated work (i) does not include any alteration end of the structural components term of this Lease if Tenant is not then in default and if such equipment and furniture are not then subject to any other rights, liens and interests of Landlord and such removal can be accomplished without material change to the Premises, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to completeleased premises. In the event Landlord's consent is required, Upon completion of any such consent shall not be unreasonably withheld, conditioned or delayed. In all eventswork by Tenant, Tenant shall provide Landlord with "as built plans", copies of all construction contracts and proof of payment for all labor and materials. To defray Landlord's costs associated with the approval and oversight of Tenant's Improvements and to confirm that such improvements are in accordance with the terms of this Lease and complies with all applicable codes and ordinances, Tenant shall pay to Landlord a written description construction management fee equal to ten percent (10%) of any alterations (other than alterations involving expenditure the cost of less than $10,000)such improvements. All alterations, additions and improvements Such fee shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of the alterations, additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition paid one-half prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none commencement of such improvements shall be insured by Landlordand one-half upon completion thereof.
Appears in 1 contract
Tenant Improvements. Tenant accepts the Premises in its "as-is" condition except, that Landlord agrees to complete the improvements for the Premises shown on EXHIBIT C, which is attached hereto and incorporated herein by this reference (the "Tenant Improvements"), using similar materials to those already existing in the Premises. Except as specifically set forth below, the Tenant Improvements shall obtain be constructed at Landlord's written consent prior sole cost and expense.
a. Landlord shall commence to performing any alterationconstruct the Tenant Improvements and shall use reasonable efforts to Substantially Complete, addition or improvement as defined below, construction thereof on or before the Commencement Date, subject, however, to extensions equal to the Premisesdelays suffered by Landlord and caused by strikes, lockouts, fire or other casualty loss, acts of God, unavailability of materials, hostile or war-like action, riot, or other causes beyond Landlord's reasonable control. If any request(s) for change(s) to materials, labor or the Space Plans ("Changes") made by Tenant (which Changes must be approved in writing by Landlord) or delays caused in whole or in part by Tenant result in any increase in the costs of completing the Tenant Improvements, such increased costs shall be at the sole cost and expense of Tenant and paid by Tenant to Landlord from time-to-time upon demand by Landlord.
b. Tenant's obligation to pay rent for the Premises under this Lease shall not commence until the date the Premises is Substantially Complete; provided, however, that if Landlord shall be delayed in rendering the Premises Substantially Complete by the Commencement Date set out in Paragraph 1.1B of this Lease as a result of one or more of the following:
(i) Tenant's failure to devote the time or furnish the information required in connection with the space plan for the Tenant Improvements; or
(ii) Tenant's changes to the Tenant Improvements in the space plan relating thereto, or in the plans for such changes (notwithstanding Landlord's consent approval of any such changes); or
(iii) Any other act or omission by Tenant or its agents; then and in any such event, Tenant's obligation to commence the payment of rent under this Lease on the Commencement Date provided for in Paragraph 1.1B shall not be required where affected or deferred of such delay.
c. If Landlord is unable to cause the contemplated work Premises to be Substantially Completed by the Commencement Date for reasons other than those not set out in subsection (i) does through (iii) of Paragraph b above, then, as Tenant's sole remedy, the Commencement Date of this Lease shall be on the first date the Premises is Substantially Complete; provided, however if the date the Premises is Substantially complete is not include any alteration the first day of a month, then the Commencement Date shall be the first day of the structural components month immediately following the date the Premises is Substantially Complete. The period between the date the Premises is Substantially Complete and the Commencement Date shall be deemed to be the Interim Lease Term and Tenant shall be obligated to pay rent for such Interim Lease Term on a pro rata basis based on the current minimum monthly rent and additional rent for the first full month of the Premises, Lease term following the Commencement Date. Tenant shall hold the Premises during the Interim Lease Term under all of the other terms and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to completeconditions of the Lease. In the event the Commencement Date set out in Paragraph 1.1B of this Lease is changed as provided for in this Paragraph c, then the Lease Expiration Date as set forth in Paragraph 1.1B of this Lease, shall be extended through the end of the thirty- sixth (36th) month following Commencement Date. Tenant shall, at Landlord's consent is requiredrequest, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, Tenant shall provide execute an Amendment to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions Lease stating the Commencement Date in which the parties specify the Commencement Date and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration Expiration Date of the Term. Tenant shall not be required to remove any of the alterations, additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by LandlordLease term.
Appears in 1 contract
Sources: Lease Agreement (Navidec Inc)
Tenant Improvements. Except as specifically set forth herein or in the Tenant shall obtain Landlord's written consent prior Work Letter attached to performing any alterationthis Fourth Amendment as Exhibit B (the "Tenant Work Letter"), addition or improvement on or to the Premises; provided, however, that Landlord's consent Landlord shall not be required where obligated to provide or pay for any improvement work or services related to the contemplated work (i) does not include any alteration improvement of the structural components of the Fourth Expansion Premises, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is required, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, Tenant shall provide accept the Fourth Expansion Premises in its presently existing, "as-is" condition, provided that Landlord shall deliver the Fourth Expansion Premises to Landlord Tenant fully decommissioned in good, vacant, broom clean condition, and otherwise in the same condition as of the date of this Fourth Amendment, in compliance with all Applicable Laws (to the extent necessary to maintain a written description certificate of any alterations (occupancy or its legal equivalent for the Fourth Expansion Premises), with the roof water-tight and shall cause the HVAC systems, plumbing, electrical systems, fire sprinkler system, lighting, emergency generators, and all other than alterations involving expenditure of less than $10,000). All alterations, additions Building systems serving the Fourth Expansion Premises to be in good operating condition and improvements shall be constructed in a good and workmanlike manner by licensed contractors repair and in compliance with all applicable lawsApplicable Laws (to the extent necessary to obtain or maintain a certificate of occupancy, regulationsor its legal equivalent, CC&R's, zoning ordinances and building codes. Except for the Fourth Expansion Premises) as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the TermFourth Expansion Commencement Date. Additionally, Tenant acknowledges that it shall continue to accept the Existing Premises in its presently existing "as-is" condition, and Landlord shall not be required obligated to remove provide or pay for any improvement work related to the improvement of the Existing Premises, provided that, the foregoing shall not relieve Landlord of any of its maintenance, repair or replacement obligations under the Lease, if any. Tenant also acknowledges that, except as expressly set forth herein, neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Existing Premises, the Fourth Expansion Premises, or the Building or with respect to the suitability of any of the alterations, additions foregoing for the conduct of Tenant's business in the Existing Premises or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by LandlordFourth Expansion Premises.
Appears in 1 contract
Sources: Lease (Nkarta, Inc.)
Tenant Improvements. Tenant Lessee intends to install substantial improvements to the Premises at Lessee’s sole cost and expense and subject to the following:
a. Lessee’s build-out of the Premises shall obtain Landlord's written consent be subject to the Terms of the Lease including, but not limited to, Lessor’s right to review and approve, deny or modify all aspects of the construction plans and/or change orders
b. Lessee shall provide Lessor with the name, contact information and certificate of insurance as required in this Lease for the General Contractor prior to performing the start of any alterationconstruction. Lessor shall have the right to accept or reject the General Contractor within 5 days of receipt of such information.
c. Lessee shall provide Lessor with a copy of the construction budget and plans for Lessor’s review and approval or denial. Once the budget has been approved by Lessor (“Approved Budget”), addition or improvement any change orders must be approved by Lessor in advance of start of work on or such changes.
d. No work shall commence without Lessor’s advance written approval.
e. Lessee acknowledges that Lessor intends to file a Notice of Non-Responsibility for the Improvements and will provide Lessor with the actual date of start of work, as well as provide copies of the Notice of Non-Responsibility to all suppliers, materialmen, contractors and sub-contractors.
f. Lessee shall keep the Premises free from any and all liens related to the Premises; provided, however, that Landlord's consent Improvements.
g. Lessee shall not be required where the contemplated work (i) does not include any alteration construct all aspects of the structural components of the Premises, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is required, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed Improvements in a good and workmanlike manner by licensed contractors manner, shall diligently pursue completion of the Improvements, and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances shall use reasonable means to minimize noise and building codes. Except as provided immediately below, all alterations, additions inconvenience to other tenants within the Project throughout construction.
h. Lessee shall be responsible for the acquisition and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation completion of any kind and all permits, fees, inspections, etc. required by government agency in regards to Tenant upon expiration the construction of the TermImprovements, and shall provide Lessor with copies of all such signed-off permits, fees, inspections, etc. Tenant shall not be required to remove any of the alterations, additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. release of Tenant shall maintain insurance as required Improvement funds by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by LandlordLessor.
Appears in 1 contract
Tenant Improvements. Tenant Lessor shall obtain Landlord's written consent prior to performing any alterationconstruct and, addition or improvement on or except as provided below to the Premises; providedcontrary, however, pay for the entire cost of constructing the tenant improvements ("Tenant Improvements") described by the plans and criteria specifications identified in Schedule "1" attached hereto (the "Plans"). Lessee may request changes to the Plans provided that Landlord's consent (a) the changes shall not be required where of a lesser quality than Lessor's standard specifications for tenant improvements for the contemplated work Building (ithe "Standards"); (b) the changes conform to applicable governmental regulations and necessary governmental permits and approvals can be secured; (c) the changes do not require building service beyond the levels normally provided to other tenants in the Building; (d) the changes do not have any adverse affect on the structural integrity or systems of the Building; (e) the changes will not, in Lessor's opinion, unreasonably delay construction of the Tenant Improvements; and (f) Lessor has determined in its reasonable discretion that the changes are of a nature and quality consistent with the overall objectives of Lessor for the Building. If Lessee requests a change in the Plans, then Lessor shall provide Lessee with an estimate of the increase in the total cost of the Tenant Improvements and any delay in the Substantial Completion of the Tenant Improvements as a result thereof. As a condition to the effectiveness of Lessor's approval of Lessee's requested change, Lessee shall pay to Lessor upon demand by Lessor the actual increased cost of the Tenant Improvements attributable to such change and upon Lessor's receipt of such payment, Lessor shall proceed with such change. To the extent any such change results in a delay of completion of construction of the Tenant Improvements, then such delay shall constitute a delay caused by Lessee as described below. Tenant Improvements does not include any alteration of the structural components of the PremisesLessee's signage, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is requiredfurniture, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of the alterations, additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by Landlordtrade fixtures and/or equipment.
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease Net (Socket Communications Inc)
Tenant Improvements. Tenant shall obtain Landlord's written consent prior not make or allow to performing be made any alterationalterations, addition physical additions or improvement on improvements in or to the PremisesLeased Premises without first obtaining the written consent of Landlord, which consent may in the sole and absolute discretion of Landlord be denied. Any alterations, physical additions or improvements to the Leased Premises made by or installed by either party hereto shall remain upon and be surrendered with the Leased Premises and become the property of Landlord upon the expiration or earlier termination of this Lease without credit to Tenant; provided, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration of the structural components of the Premises, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is requiredat its option, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, may require Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of physical improvements or additions and/or repair any alterations in order to restore the alterations, additions or improvements made Leased Premises to the Premises during condition existing at the Term except only those alterationstime Tenant took possession, additions all costs of removal and/or alterations to be borne by Tenant. This clause shall not apply to moveable equipment, furniture or improvements requiring Landlord's consentmoveable trade fixtures owned by Tenant, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement which may be removed by Tenant at the expiration end of the Term. With respect term of this Lease if Tenant is not then in default and if such equipment and furniture are not then subject to such alterationsany other rights, additions or improvements only, Tenant upon the written request liens and interests of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required have no authority or power, express or implied, to create or cause any mechanic's or materialmen's lien, charge or encumbrance of any kind against the Leased Premises, the Property or any portion thereof. Tenant shall promptly cause any such liens that have arisen by Section 11.2 covering reason of any improvementswork claimed to have been undertaken by or through Tenant to be released by payment, alterations bonding or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured otherwise after request by Landlord, and shall indemnify Landlord against losses arising out of any such claim (including, without I imitation, regal fees and court costs).
Appears in 1 contract
Sources: Lease Agreement (Deep Down, Inc.)
Tenant Improvements. Tenant shall obtain Landlord's written consent prior not make or allow to performing be made ------------------- any alterationalterations, addition physical additions or improvement on improvements in or to the PremisesPremises without first obtaining the written consent of Landlord, which consent, not to be unreasonably withheld, may in the sole and absolute discretion of Landlord be denied. Any alterations, physical additions or improvements to the Premises made by or installed by either party hereto shall remain upon and be surrendered with the Premises and become the property of Landlord upon the expiration or earlier termination of this Lease without credit to Tenant; provided, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration of the structural components of the Premises, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is requiredat its option, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, may require Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of physical improvements or additions and/or repair any alterations in order to restore the alterations, additions or improvements made Premises to the Premises during condition existing at the Term except only those alterationstime Tenant took possession, additions all costs of removal and/or alterations to be borne by Tenant. This clause shall not apply to moveable equipment, furniture or improvements requiring Landlord's consentmoveable trade fixtures owned by Tenant, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement which may be removed by Tenant at the expiration end of the Term. With respect term of this Lease if Tenant is not then in default and if such equipment and furniture are not then subject to such alterationsany other rights, additions or improvements only, Tenant upon the written request liens and interests of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required have no authority or power, express or implied, to create or cause any mechanic's or materialmen's lien, charge or encumbrance of any kind against the Premises, the Property or any portion thereof. Tenant shall promptly cause any such liens that have arisen by Section 11.2 covering reason of any improvementswork claimed to have been undertaken by or through Tenant to be released by payment, alterations bonding or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured otherwise within thirty (30) days after request by Landlord, and shall indemnify Landlord against losses arising out of any such claim (including, without limitation, legal fees and court costs).
Appears in 1 contract
Tenant Improvements. Tenant shall obtain Landlord's written consent prior to performing not construct any alteration, addition improvements or improvement on or make any alterations to the Premises; providedPremises without Landlord’s prior written consent, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration of the structural components of the Premises, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is required, such consent shall not be unreasonably withheld, conditioned or delayed. In all eventsAll such work, Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, decorations, installations, additions and or improvements (collectively, the “Improvements”) shall be constructed done at Tenant’s sole expense in a good and workmanlike manner by licensed contractors and in full compliance with all applicable laws, rules, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, requirements of all alterations, additions governmental bureaus and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Termbodies having jurisdiction thereover. Tenant shall not be required to remove repair any of damage which may occur from the alterations, additions or improvements made Improvements to the Premises. Landlord reserves the right to require certificates evidencing insurance from Tenant’s contractors in amounts reasonably determined by Landlord and naming Landlord as an additional insured party thereunder. All Improvements (other than communications equipment, trade fixtures as provided herein, or equipment leased by Tenant) shall become the property of Landlord and shall remain upon, and be surrendered with, the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant as a part thereof at the expiration of the Term. With respect to such alterationsLease Term or prior termination of this Lease, additions or improvements only, Tenant upon as the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvementcase may be. Tenant shall maintain insurance as required by Section 11.2 covering keep full and accurate records of the cost of any improvements, alterations or additions Improvements in and to the Premises made by Tenant under and shall, if requested by Landlord, make the provisions same available to Landlord for use in connection with any proceeding to review the assessed valuation of this Section 8.1the Premises, it being understood any proceeding to acquire the Land 40054017V9 and agreed that none Premises for public or quasi-public use, or otherwise. Tenant shall promptly pay and discharge any and all liens or other charges arising out of or in connection with the performance of any act required of or permitted Tenant hereunder, and Tenant shall keep the Premises free and clear from any and all such liens or charges, and any liens and charges shall exist only against the leasehold estate of Tenant and not against the fee. Additionally, Tenant agrees to indemnify and hold harmless Landlord from and against any and all losses, costs, damages or liabilities resulting from or attributable to any liens or claims of lien for such work and Tenant shall remove any such lien or claim of lien promptly upon notice of such improvements shall be insured by Landlordlien or claim of lien.
Appears in 1 contract
Tenant Improvements. Tenant shall obtain Landlord's written consent prior not make or allow to performing be made any alteration, addition alterations or improvement on physical additions in or to the Premises; providedPremises without first obtaining the written consent of Landlord, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration of the structural components of the Premises, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is required, such which consent shall not be unreasonably withheld, conditioned or delayed. In all eventsexcept for those described on Exhibit C. , Tenant shall provide agrees to complete the Required Alterations described on Exhibit C hereto. Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterationshereby consents to the Required Alterations, additions and improvements shall also to Optional Alterations, which may be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Termmade at Tenant's option. Tenant shall not be required have full access to remove any the Premises upon execution of this Lease to commence the Required Alterations, provided that Tenant shall cooperate with Landlord's roofing contract or in installing HVAC related improvements. Any alterations, physical additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under shall at once become the provisions property of Landlord and shall be surrendered to Landlord upon the termination of this Section 8.1Lease; except that Tenant, it being understood at its option, may elect to remove equipment, furniture and agreed that none any personal property installed or supplied by Tenant, so long as Tenant repairs any resulting damage to the Premises. Landlord may not require Tenant to remove any physical additions and/or repair any alterations in order to restore the Premises to the conditions existing at the time Tenant took possession, except for removal of such improvements shall (i) any back up generator installed by Tenant, and (ii) driveway connection with ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, both of which Landlord may require Tenant to remove at Tenant's cost, and restore to prior condition. Any moveable equipment or furniture owned by Tenant may be insured removed by LandlordTenant at the end of the term of this Lease.
Appears in 1 contract
Sources: Lease (Stratasys Inc)
Tenant Improvements. Landlord at its sole cost and expense shall perform, or cause to be performed, certain Tenant Improvements ("Tenant Improvements") to the Premises as set forth in Exhibit D ("Construction Drawings"), attached and made a part hereof and mutually agreed upon by Landlord and Tenant. Furthermore, Landlord and Tenant agree that Tenant shall obtain Landlord's written consent prior contribute $12,580.00 towards the costs of the Tenant Improvements, which Tenant shall pay 100% upon construction commencement. In the event Tenant elects to performing make any alteration, addition or improvement on or modifications to the Premises; Construction Drawings or Tenant Improvement Specifications, such modifications shall be made at Tenant's sole cost and expense ("Tenant's Share"). Tenant's Share (if such Tenant's Share actually increases the cost of the Tenant Improvements), if any, shall be paid by Tenant as additional rent, upon construction commencement Landlord shall perform, or cause to be performed the Tenant Improvements substantially in accordance with the Construction Drawings provided, however, that Landlord may make non-material changes in design or construction which are necessary in the reasonable judgment of Landlord or its architects, contractors, agents, or representatives. Landlord assumes no responsibility for existing improvements in the premises which do not meet building code. Tenant also may alter or modify the Construction Drawings at any time, but any such change, alteration, or modification is subject to Landlord's consent shall not be required where the contemplated work (i) does not include any alteration of the structural components of the Premisesreasonable approval, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) must conform to complete. In the event Landlord's consent is requiredall relevant building codes, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable lawsordinances, regulations, CC&R'senergy regulations, zoning ordinances and building codesany other governmental requirements. Except as provided immediately belowThe cost of such change, all alterationsalteration, additions and improvements constructed in or on modification by the Premises by Tenant shall remain on be at the Premises without compensation Tenant's sole cost and expense, and shall delay the Rent Commencement Date as outlined within Section 2.02 of this Lease Agreement. The cost of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of the alterations, changes and/or additions or improvements made to the Premises during at the Term except only those alterationsrequest of Tenant after Landlord and Tenant have agreed on the Construction Drawings, additions including, but not limited to, the actual cost of such changes and/or additions, the cost of revisions in the plans and specifications and the cost of any delays in construction, whether or improvements requiring not such changes are finally agreed to, shall be paid upon Landlord's consentpresentation of a bill therefore, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements amount shall be insured by Landlordtreated as additional ▇▇▇▇.
Appears in 1 contract
Tenant Improvements. Landlord agrees to provide to Tenant shall obtain Landlord's written consent prior to performing any alteration, addition or improvement on or to the Premises; provided, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration of the structural components of the Premises, a Seventy-Five Thousand and (ii) will not cost more than Two Hundred Fifty Thousand no/100 Dollars ($250,000.0075,000) tenant improvement allowance so that Tenant may complete its improvements to complete. In the event Landlord's consent is required, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by provided that Tenant shall remain completes tenant improvements and submits invoices for the same to the Landlord on or before December 31, 2000. Should Tenant not complete its tenant improvements and/or submit invoices for the Premises without compensation of any kind same to Tenant upon expiration of the Term. Tenant Landlord on or before December 31,2000, Landlord shall not be required to remove any pay the $75,000 tenant improvement allowance. Prior to Tenant commencing work on these improvements, Tenant shall submit to Landlord two (2) copies of plans detailing the design and plan of improvements Landlord shall either approve or disapprove plans within five (5) days and, if approved, return a signed, approved copy to Tenant. In the event that the plans are not approved by Landlord, Landlord shall inform Tenant of the alterationsreasons for such disapproval and Tenant shall have five (5) days in which to submit revised plans to Landlord for approval, additions which approval shall not be unreasonably withheld or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvementdelayed. Tenant shall maintain insurance as required not unreasonably refuse to satisfy any objections made by Section 11.2 covering Landlord to said plans and specifications. Any objections Tenant has to Landlord's objection shall be submitted to Landlord in ▇▇▇▇▇▇▇ within said five (5) day period. A failure of one party to give any improvements, alterations or additions notice to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of other party within such improvements five (5) day period shall be insured by Landlorddeemed to constitute approval of the plans and specifications or the objections thereto, as appropriate.
Appears in 1 contract
Sources: Lease Agreement (Sparkling Spring Water Holdings LTD)
Tenant Improvements. Landlord shall provide Tenant shall obtain Landlord's written consent prior with a tenant improvement allowance (the “TI Allowance”) in the amount of $859,355.00 ($35.00 x 24,553 usable square feet) for tenant improvements (the “Tenant Improvements”) to performing be made by Landlord to any alteration, addition or improvement on or to the Premises; provided, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration of the structural components portion of the Premises, which may or may not include the Additional Space, as elected by Tenant. The TI Allowance may be used, without limitation, for space planning, architectural and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) engineering fees and permits related to completethe Tenant Improvements, and the Tenant Improvements shall include, without limitation, the installation of an exterior double door and the construction of related alterations to the curbing and sidewalk adjacent to such door as well as upgraded electrical and venting systems necessary for the Permitted Use. In The Parties shall exert good faith, commercially reasonable efforts to agree as soon as reasonably practicable on the event Landlord's consent is required, Tenant Improvements and a budget therefor. Such agreed on Tenant Improvements shall then be made by Landlord in accordance with such consent budget as soon as reasonably practicable after such agreement. The construction reasonably required to complete the Tenant Improvements shall not be unreasonably withheldlessen or otherwise affect Tenant’s rent obligations under the Lease, conditioned or delayed. In all events, Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner as amended by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Termthis Amendment. Tenant shall not pay to Landlord all costs and expenses incurred by Landlord in connection with the Tenant Improvements, together with a project management fee of five percent (5%) of such costs and expenses, less the TI Allowance, within ten (10) days after the date of an invoice therefor, which invoice may, following the Parties’ agreement on such budget, be required delivered prior to remove the commencement of construction. If all or any portion of the alterationsTI Allowance is not used on or before December 31, additions 2023, the TI Allowance or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed portion that none of such improvements is not used shall be insured by Landlordlost and shall no longer be available to Tenant.
Appears in 1 contract
Sources: Office Lease (Cricut, Inc.)
Tenant Improvements. The Tenant shall obtain Landlord's written consent prior Improvements (as defined in the Tenant Work Letter attached as Exhibit B to performing any alteration, addition or improvement on or this Second Amendment) to the Premises; provided, however, that Landlord's consent Expanded Premises shall not be required where installed and constructed in accordance with the contemplated work (i) does not include any alteration terms of the structural components of Tenant Work Letter (the Premises, “Work Letter”) attached hereto as Exhibit B and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to completemade a part hereof. In the event Landlord's consent is required, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of the alterations, additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering If any improvements, alterations or additions work are required under provisions of the ADA due to the Premises made Tenant Improvements or the Building Systems Improvements (as defined in Exhibit B), such improvements, alterations or work shall be deemed Tenant ADA Work and the cost of such Tenant ADA Work shall be borne solely by Tenant under (subject to the provisions Tenant Improvement Allowance and the Building Systems Allowance) and shall not be included as part of the Operating Expenses. Tenant acknowledges that it has been and continues to be in possession of the Original Premises and is familiar with the condition of the Original Premises. Except as expressly provided in this Section 8.1Second Amendment, it being understood and agreed Tenant hereby agrees that none of such improvements the ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ First Floor Premises shall be insured taken “as is”, “with all faults”, “without any representations or warranties.” Tenant hereby acknowledges that it has had an opportunity to investigate and inspect the condition of the ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ First Floor Premises and the suitability of same for Tenant’s purposes, and Tenant does hereby waive and disclaim any objection to, cause of action based upon, or claim that its obligations hereunder should be reduced or limited because of the condition of the ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ First Floor Premises, the ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Building or the Park or the suitability of same for Tenant’s purposes. Tenant acknowledges that, except as expressly set forth otherwise in the Lease, as amended by Landlordthis Second Amendment, neither Landlord nor any agent nor any employee of Landlord has made any representations or warranty with respect to the ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ First Floor Premises, the Original Premises, the ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Building, the 892 ▇▇▇▇ Drive Building or the Park or with respect to the suitability of either for the conduct of Tenant’s business and Tenant expressly warrants and represents that Tenant has relied solely on its own investigation and inspection of the ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ First Floor Premises, the Building and the Park in its decision to enter into this Second Amendment and let the ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ First Floor Premises in an “as is” condition. No promise of Landlord to alter, remodel, repair, or improve the ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ First Floor Premises, the Original Premises, the Building, or the Park, and no representation, express or implied, respecting any matter or thing relating to the ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ First Floor Premises, Original Premises, Building, Park, or this Second Amendment (including, without limitation, the condition of the ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ First Floor Premises, the Original Premises, the Building, or the Park) has been made to Tenant by Landlord or its broker or sales agent other than as may be contained in the Lease and as set forth in Section 7(b) below.
Appears in 1 contract
Sources: Lease Agreement (Proofpoint Inc)
Tenant Improvements. Subject to the Leasehold Improvements Rider attached hereto, Tenant shall obtain Landlord's written consent prior not make or allow to performing be made any alterationalterations, addition physical additions or improvement on improvements in or to the PremisesPremises without first obtaining the written consent of Landlord, which consent may in the sole and absolute discretion of Landlord he denied. Landlord’s failure to respond in writing to Tenant’s request for any alterations, physical additions or improvements within fifteen (15) days of receipt thereof shall be deemed Landlord’s disapproval of such request. Any alterations, physical additions or improvements to the Premises made by or installed by either party hereto shall remain upon and be surrendered with the Premises and become the property of Landlord upon the expiration or earlier termination of this Lease without credit to Tenant; provided, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration of the structural components of the Premises, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is requiredat its option, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, may require Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of physical improvements or additions and/or repair any alterations in order to restore the alterations, additions or improvements made Premises to the Premises during condition existing at the Term except only those alterationstime Tenant took possession, additions all costs of removal and/or alterations to be borne by Tenant. This clause shall not apply to moveable equipment, furniture or improvements requiring Landlord's consentmoveable trade fixtures owned by Tenant, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement which may be removed by Tenant at the expiration end of the Term. With respect term of this Lease if Tenant is not then in default and if such equipment and furniture are not then subject to such alterationsany other rights, additions or improvements only, Tenant upon the written request liens and interests of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required have no authority or power, express or implied, to create or cause any mechanic’s or materialman’s lien, charge or encumbrance of any kind against the Premises, the Property or any portion thereof. Tenant shall promptly cause any such liens that have arisen by Section 11.2 covering reason of any improvementswork claimed to have been undertaken by or through Tenant to be released by payment, alterations bonding or additions to the Premises made by otherwise within ten (10) days after Tenant under the provisions first has notice thereof, and shall indemnify and defend Landlord against liability or loss arising out of this Section 8.1any such claim (including, it being understood without limitation, legal fees and agreed that none of such improvements shall be insured by Landlordcourt costs).
Appears in 1 contract
Sources: Lease Agreement (Circle Bancorp)
Tenant Improvements. A. Tenant may have prepared plans and specifications for the construction of tenant improvements, and, if so, such plans and specifications are attached hereto and incorporated herein by reference. Tenant shall obtain Landlord's written consent prior all certificates, permits, licenses and other authorizations of governmental bodies or authorities which are necessary to performing any alteration, addition or improvement on or to permit the Premises; provided, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration construction of the structural components improvements on the Leased Property and shall keep the same in full force and effect at Tenant's cost.
B. Tenant shall negotiate, let and supervise all contracts for the furnishing of services, labor, and materials for the construction of the Premises, improvements on the Leased Property at its cost. All such contracts shall require the contracting party to guarantee performance and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to completeall workmanship and materials installed by it for a period of one-year following the date of completion of construction. In the event Landlord's consent is required, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, Tenant shall provide cause all contracts to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions be fully and improvements shall be constructed completely performed in a good and workmanlike manner by licensed contractors manner, all to the effect that the improvements shall be fully and completely constructed and installed in accordance with good engineering and construction practice.
C. During the course of construction, Tenant shall, at its cost, keep in full force and effect a policy of builder's risk and liability insurance in a sum equal, from time to time, to three times the amount expended for construction of the improvements, in a minimum amount of $1,000,000. All risk of loss or damage to the improvements during the course of construction shall be on Tenant with the proceeds from insurance thereon payable to Landlord.
D. Upon completion of construction, Tenant shall, at its cost, obtain an occupancy permit and all other permits or licenses necessary for the occupancy of the improvements and the operation of the same as set out herein and shall keep the same in force.
E. Nothing herein shall alter the intent of the parties that Tenant shall be fully and completely responsible for all aspects pertaining to the construction of the improvements of the Premises and for the payment of all costs associated therewith. Landlord shall be under no duty to investigate or verify Tenant's compliance with all applicable lawsthe provision herein. Moreover, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or neither ▇▇▇▇▇▇ nor any third party may construe the permission granted Tenant hereunder to create any responsibility on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration part of the Term. Tenant shall not be required Landlord to remove any of the alterations, additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering pay for any improvements, alterations or additions repairs occasioned by the Tenant. The Tenant shall keep the property free and clear of all liens and, should the Tenant fail to do so, or to have any liens removed from the property within fourteen (14) days of notification to do so by the Landlord, in addition to all other remedies available to the Premises made Landlord, the Tenant shall indemnify and hold the Landlord harmless for all costs and expenses, including attorney's fees, occasioned by Tenant under the provisions of this Section 8.1Landlord in having said lien removed from the property; and, it being understood such costs and agreed that none of such improvements expenses shall be insured billed to the Tenant monthly and shall be payable by Landlordthe Tenant with that month's regular monthly rental as additional reimbursable expenses to the Landlord by the Tenant.
Appears in 1 contract
Sources: Building Lease Agreement
Tenant Improvements. Tenant shall obtain Landlord's written consent prior have the right at any time, and from time to performing any alterationtime during the Term, addition to construct the Expansion Building and the Optional Improvements on the Premises (collectively, the “Tenant Improvements”), as Tenant shall deem necessary or improvement on or to desirable, which Tenant Improvements shall be made in compliance with the Premisesrequirements described in this Article 16; provided, however, that Landlord's consent any Optional Improvements to the Existing Building shall not be made in compliance with the requirements set forth in Article 17. Tenant shall be solely responsible for all costs and expenses in connection with any Tenant Improvements constructed on the Premises at no cost to Landlord other than, if required where the contemplated work (i) does not include any alteration by Section 1.3.2 of the structural components Purchase Agreement, the Building E Additional Purchase Price. Tenant shall reimburse Landlord for any extra expenses incurred by Landlord during the Term by reason of faulty work done by Tenant or its architects or contractors in connection with any of the PremisesTenant Improvements. Landlord will reasonably cooperate with Tenant’s obtaining of approvals from Governmental Authorities including providing letters of permission, consent letters, applications and similar authorizations. Upon payment of the Building E Additional Purchase Price, all Tenant Improvements shall (a) become part of the Premises and the property of Landlord, (b) remain upon and be surrendered with the Premises as a part thereof, and (iic) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is required, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall and not be required to remove any of the alterations, additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement removed by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of any time during the Term, remove such alteration, addition or improvement at its cost other than items that Tenant replaces with a comparable item of equal quality and restore quantity as existed as of the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none time of such improvements shall be insured by Landlordremoval.
Appears in 1 contract
Sources: Lease (Arena Pharmaceuticals Inc)
Tenant Improvements. Tenant shall obtain Landlord's not make or allow to be made any alterations, physical additions or improvements to the Leased Premises without first obtaining the written consent prior of Landlord, which consent may in the sole and absolute discretion of Landlord be denied. If Landlord is requested to performing make any alterationsuch alterations, physical additions or improvements for Tenant, Tenant shall pay to Landlord, in addition or improvement on or to the Premisescost of such work, a fee equal to fifteen percent (15%) of the cost of such work. Any alterations, physical additions or improvements to the Leased Premises made by or installed by either party hereto shall remain upon and be surrendered with the Leased Premises and become the property of Landlord upon the expiration or earlier termination of this Lease without credit to Tenant; provided, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration of the structural components of the Premises, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is required, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, Landlord at its option may require Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of physical improvement or additions and/or repair any alterations in order to restore the alterations, additions or improvements made Leased Premises to the Premises during condition existing at the Term except only those alterationstime Tenant took possession (all cost of such removal and/or repairs to be borne by Tenant). The foregoing sentence shall not apply to moveable equipment, additions furniture, or improvements requiring Landlord's consentmovable trade fixtures owned by Tenant, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement which items may be removed by Tenant at the expiration end of the Term. With respect Lease Term if Tenant is not then in default and if such equipment and furniture are not then subject to such alterationsany other rights, additions or improvements only, Tenant upon the written request liens and interests of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required have no authority or power, express or implied, to create or cause any mechanic’s or materialmen’s lien, charge or encumbrance of any kind against the Leased Premises, the Property or any portion thereof. Tenant shall promptly cause any such liens that have arisen by Section 11.2 covering reason of any work claimed to have been undertaken by or through Tenant to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and shall indemnify Landlord against losses arising out of any such claim or claims (including, without limitation, legal fees and costs of court). Alterations, improvements, alterations or and additions in and to the Leased Premises made requested by Tenant under the provisions of this Section 8.1must be made in accordance with complete and accurate plans and specifications and construction documents (including, it being understood without limitation, complete MEP requirements) prepared by Tenant and agreed that none of such improvements shall be insured approved in advance by Landlord.. All work must be performed at Tenant’s expense either by Landlord or by contractors and/or subcontractors approved in advance by Landlord. Tenant shall ensure that all workers are cooperative with Property personnel and comply with all Property rules and regulations. Tenant must deliver to Landlord evidence that Tenant has obtained all necessary governmental permits and approvals for the improvements or alterations prior to starting any work. All construction
Appears in 1 contract
Sources: Office Lease (Pc Connection Inc)
Tenant Improvements. Notwithstanding any provision of the Lease (including Article 1.3 of the Original Lease), Tenant shall obtain occupy Suite 210 in its current "AS IS" condition without any obligation on Landlord's written consent part to construct or pay for any Base Building Work, tenant improvements or refurbishment work in or for Suite 210 prior to performing delivering possession of Suite 210 to Tenant. Accordingly, the provisions of Article 1.3 of the Original Lease and any alteration, addition or improvement on or Work Letter attached to the PremisesLease are not applicable to Suite 210. Notwithstanding the foregoing sentence, Landlord will provide Tenant with a tenant improvement allowance ("Tenant Improvement Allowance") in the amount of up to, but not exceeding, $3.86 per rentable square foot of Suite 210 (i.e., $40,437.36) and an additional allowance (the "Additional Allowance") in the amount of up to, but not exceeding, $0.22 per square rentable square foot of Suite 210 (i.e., $2,252.34) (the Tenant Improvement Allowance and Additional Allowance shall collectively be referred to as the "Allowances"). Tenant may use the Allowances to help pay for the cost of the tenant improvements and alterations it desires to make Suite 210 and any other part of the Demised Premises which Tenant leases in the Building at any time after the date hereof and during the term of the Original Lease pursuant to the provisions of Article 4.1 of the Original Lease; provided, however, that Landlord's consent (i) the Additional Allowance shall only be used to pay costs and fees of the architect and engineers for the plans for such tenant improvements and alterations, (ii) Tenant Improvement Allowance shall not be required where used for any personal property of Tenant including but not limited to telephone and data cabling or appliances, and iii) in the contemplated work (i) event Tenant does not include any alteration use the entire amount of the structural components of the PremisesAllowances to pay for such tenant improvement costs, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is required, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required entitled to remove any of the alterations, additions credits or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by Landlordrefunds thereof.
Appears in 1 contract
Sources: Lease (Kabira Technologies Inc)
Tenant Improvements. Tenant shall obtain Landlord's written consent prior not make or allow to performing be made any alterationnon-structural alterations, addition physical additions or improvement on improvements in or to the Premises; providedPremises without first obtaining the written consent of Landlord, however, that which consent may in the sole and absolute discretion of Landlord be denied. Landlord's consent shall not be required where the contemplated work (i) does not include ’s failure to respond in writing to Tenant’s request for any alteration of the structural components of the Premises, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is required, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of the alterations, physical additions or improvements made to the Premises during the Term except only those within fifteen (15) days of receipt thereof shall be deemed Landlord’s disapproval of such request. Any non-structural alterations, physical additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition in or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under shall be performed in accordance with Applicable Laws. Any alterations, physical additions or improvements to the provisions Premises made by or installed by either party hereto shall remain upon and be surrendered with the Premises and become the property of Landlord upon the expiration or earlier termination of this Section 8.1Lease without credit to Tenant; provided, it being understood however, Landlord, at its option, may require Tenant to remove any physical improvements or additions and/or repair any alterations, except those performed in accordance with the Tenant Improvements Rider attached hereto, in order to restore the Premises to the condition existing at the time Tenant took possession, all costs of removal and/or alterations to be borne by Tenant. This clause shall not apply to moveable equipment, furniture or moveable trade fixtures owned by Tenant, which may be removed by Tenant at the end of the term of this Lease if Tenant is not then in default and agreed if such equipment and furniture are not then subject to any other rights, liens and interests of Landlord. Tenant shall have no authority or power, express or implied, to create or cause any mechanic’s or materialman’s lien, charge or encumbrance of any kind against the Premises, the Property or any portion thereof. Tenant shall promptly cause any such liens that none have arisen by reason of any work claimed to have been undertaken by or through Tenant to be released by payment, bonding or otherwise within ten (10) days after Tenant first has notice thereof, and shall indemnify and defend Landlord against liability or loss arising out of any such improvements shall be insured by Landlordclaim (including, without limitation, legal fees and court costs).
Appears in 1 contract
Tenant Improvements. Tenant improvements will include those items specified in Exhibit "C" hereto attached. Subject to delay occasioned by causes beyond Landlord's reasonable control, including but not limited to the obtaining of the required governmental construction permits and obtaining all governmental approvals and the certificate of occupancy, Landlord agrees, at Landlord's cost and expense, to commence the construction of the interior improvements and perform its obligations pursuant to Exhibit "C" and to complete the same in a reasonable time. After the Landlord has completed construction of the Facilities substantially in accordance with Exhibit "C" and notified Tenant in writing of the completion, Tenant shall obtain Landlordhave ten (10) days or until Tenant's written consent prior occupancy date, whichever occurs first, in which to performing any alteration, addition or improvement on or to inspect the Premises; provided. If Tenant finds that the Premises have not been constructed in accordance with Exhibit "C", howeverit shall notify Landlord of such fact, that Landlord's consent indicating the particular items which are incomplete or improperly constructed, and Landlord shall not be required where complete or correct such work. Upon the contemplated completion of such work (i) or in the event Tenant does not include any alteration of notify the structural components of Landlord within such ten (10) day period that the Premises are not satisfactory or if the Tenant occupies the Premises, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) Tenant shall be deemed to completehave accepted the Premises in its then condition "as is", "where is", without any warranties of any kind. Landlord shall be responsible for no other improvements of any kind whatsoever. In the event Landlord's consent is requiredthe leased premises should not be ready for occupancy by the commencement date for any reason whatsoever, such consent Landlord shall not be unreasonably withheldliable or responsible for any claims, conditioned damages or delayed. In all eventsliabilities in connection therewith or, Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of the alterations, additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by Landlordreason thereof.
Appears in 1 contract
Tenant Improvements. Tenant shall obtain Landlord's written consent prior to performing any No alteration, addition addition, improvement or improvement on refinishing of or to the PremisesProject nor any installation or use of any air conditioning unit, security system, boiler, furnace, or any other similar apparatus having in any case aforesaid a material adverse affect upon the structural elements of the Building and/or the Building's plumbing, HVAC, electrical, life safety, security/card access and/or other primary Building systems shall be made by Tenant without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned; provided, however, this shall not prevent Tenant from installing or having installed its furniture and fixtures or vending machines. It shall not be unreasonable for Landlord to require that any and all such alterations, additions, improvements and/or refinishing be performed by Landlord's affiliate as the General Contractor and in this regard the terms and conditions set forth in SECTION 1.10 hereof with respect to the Tenant Improvement Work so far as reasonably practicable, including specifically, but not limited to, the obligation of Landlord's affiliate to obtain not less than 3 competitive bids and the provisions thereof with respect to the fee of Landlord's affiliate) (and in addition thereto Landlord's affiliate must be capable of performing any such work in a timely manner) shall apply; provided at the time of seeking Landlord's consent, Tenant shall obtain from Landlord Landlord's decision as to whether the proposed alteration, addition, improvement or refinishing (other than trade fixtures and personal property of Tenant) shall be required by Landlord to be removed by Tenant or whether such alteration, addition, improvement or refinishing may remain upon the expiration or other sooner termination of this Lease. If Landlord conditions its approval upon the removal of the alteration, addition, improvement or refinishing as aforesaid, the Tenant shall, upon Landlord's request at or about the termination of the Lease, remove same, at Tenant's cost. In all events, the cost of any such work shall include a reasonable amount to provide Landlord with a complete set of "as built" drawings in CADD format and on a diskette readable by Landlord (including architectural, structural, mechanical, electrical, plumbing and fire protection, where applicable) of any such material alterations, additions or improvements made to the Project, and a wiring schematic for all voice and data cabling. Tenant's furniture, furnishings, trade fixtures, moveable equipment and other like property shall not be deemed to be improvements to the Project and may be removed and/or replaced by Tenant at any time during the Lease Term. Notwithstanding the foregoing, Landlord's consent shall not be required where the contemplated work for, and Tenant shall not be required to use Landlord (or any affiliate of Landlord) as a General Contractor with respect to, (i) does not include any alteration the installation or removal of the structural components of the PremisesTenant's furniture, and fixtures or equipment or (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to completeany decorating or redecorating, including, without limitation, painting, wallpapering, carpeting or tiling. In the event addition, Tenant shall not be required to use Landlord (or any affiliate of Landlord) (but shall be required to obtain Landlord's consent is requiredprior consent, such consent which shall not be unreasonably withheld, conditioned or delayed) in connection with the moving from time-to-time of non-structural interior walls and doors, providing such movements do not affect in excess of five percent (5%) of the non-structural interior walls and doors then in the Leased Premises. In Anything herein to the contrary notwithstanding, all events, voice and data cabling installed by Tenant shall provide to Landlord a written description of any alterations or for its account at anytime during the Lease Term (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements including that installed during the initial Tenant Improvement Work) shall be constructed in a good removed and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant ceiling shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of the alterations, additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement restored by Tenant at the expiration of the Term. With respect this Lease, at Tenant's cost.
SS.3.06-1 MECHANIC'S LIENS Tenant shall not permit any mechanic's lien to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration be filed against any part of the TermProject or against the Tenant's leasehold interest therein by reason of work, remove labor, services or materials supplied or claimed to have been supplied to the Tenant or anyone holding any part of the Project through or under the Tenant, whether prior or subsequent to the Commencement Date. If any such alteration, addition or improvement mechanic's lien shall at its cost any time be filed against any part of the Project and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required fail to remove same or fail to give adequate security therefor by Section 11.2 covering any improvementsbonding or otherwise within sixty (60) days after Tenant receives notice thereof, alterations or additions to the Premises made by Tenant it shall constitute an Event of Default under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by LandlordLease.
Appears in 1 contract
Sources: Office Lease (Express Scripts Inc)
Tenant Improvements. (a) The parties acknowledge that upon or after the Term Commencement Date Tenant shall obtain Landlord's written consent prior intends to performing any alteration, addition or improvement on or make certain alterations and improvements (the “Initial Alterations”) to the Premises; providedSubleased Premises in Tenant’s reasonable discretion and as may be reasonably approved in writing by Landlord, however, that Landlord's consent shall not be required where to make the contemplated work (i) does not include any alteration Subleased Premises functional for Tenant’s particular use of the structural components Subleased Premises and Tenant’s employees and employment practices. The construction of the PremisesInitial Alterations shall be subject to Master Landlord’s approval in accordance with the Master Lease and Landlord’s approval, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is required, such consent which approval by Landlord shall not be unreasonably withheld, conditioned or delayed.
(b) Landlord shall contribute toward the cost of the design, construction and installation of the Initial Alterations an amount equal to Eight Hundred Ninety Six Thousand Five Hundred Twenty and 00/100 Dollars ($896,520.00) (the “Tenant Improvement Allowance”). At Tenant’s request, Landlord shall also contribute up to One Hundred Twelve Thousand Sixty Five and 00/100 Dollars ($112,065.00) as an additional renovation allowance (the “Additional Tenant Improvement Allowance”). In all eventsaddition to the Tenant Improvement Allowance and the Additional Improvement Allowance, Landlord shall pay the Supervision Fee payable to Master Landlord in connection with the Initial Alterations (as provided pursuant to the Master Lease). In the event that the cost of the Initial Alterations exceeds the Tenant Improvement Allowance (and the Additional Improvement Allowance, if Tenant elects to have Landlord contribute the Additional Improvement Allowance), Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on responsible for the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of the alterations, additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by Landlordexcess.
Appears in 1 contract
Sources: Sublease (JMP Group Inc.)
Tenant Improvements. Except as specifically set forth in this Section 5, Tenant shall obtain Landlord's written consent prior to performing any alteration, addition or improvement on or to the Premises; provided, however, acknowledges that Landlord's consent Landlord shall not be required where obligated to provide or pay any improvement work or services related to the contemplated work improvement of the first Expansion Space or the Existing Premises. Tenant also acknowledges that Landlord has made no representation or warranty regarding the condition of the First Expansion Space or the Existing Premises. Within sixty (60) days after the expiration of the thirty-sixth (36th) full month of the First Expansion Space Term, Tenant shall have the right to deliver written notice to Landlord requiring Landlord to, at a mutually convenient time to be agreed upon by Landlord and Tenant, at Landlord's sole cost and expense and using Building-standard materials only, (i) does not include any alteration of repaint all painted walls within the structural components of the PremisesFirst Expansion Space, and (ii) recarpet all carpeted areas within the First Expansion Space (the "First Expansion Space Work"). If Tenant fails to deliver such notice within such sixty (60) day period, Landlord shall have no obligation to perform the First Expansion Space Work. If Tenant timely delivers such notice, Tenant hereby acknowledges that Landlord will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In be performing the event First Expansion Space Work during the First Expansion Space Term, and Landlord's consent is required, such consent performance of the First Expansion Space Work shall not be unreasonably withhelddeemed a constructive eviction of Tenant, conditioned nor shall Tenant be entitled to any abatement of rent connection therewith, nor liable for any injury or delayed. In all eventsdamage to person, Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in property or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of the alterations, additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by Landlordbusiness.
Appears in 1 contract
Sources: Lease (Willdan Group, Inc.)
Tenant Improvements. Tenant may, without Landlord’s approval, perform or construct the following Tenant Improvements:
(a) those involving paint, floor and wall coverings and other similar cosmetic work; (b) such alterations as may be required by applicable Laws; provided that Landlord’s consent shall obtain be required, upon the terms and conditions set forth below, for any particular such alteration that involves the demolition and rebuilding of existing improvements; or (c) other Tenant Improvements at a cost not to exceed $75,000 in any calendar year, except that Landlord's written ’s consent prior to performing will be required for any alteration, addition Tenant Improvements which adversely affect the Building structure or improvement on or involve alterations to the Premises; provided, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration exterior of the structural components of the PremisesBuilding. Any other Tenant Improvements may be made only after obtaining Landlord’s consent, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is required, such which consent shall not be unreasonably withheld, conditioned or delayed. In Landlord shall be deemed to have consented to a Tenant Improvement if Landlord does not notify Tenant in writing of its approval or disapproval thereof within fifteen (15) days after Tenant’s request for Landlord’s approval. Any and all eventsTenant Improvements constructed at Tenant’s cost during the Term and all improvements existing upon the Premises at Term commencement shall remain the property of Tenant during the Term and may be removed from the Premises at any time, with Tenant responsible to restore all damage to the Premises caused by such removal. Tenant shall provide not be obligated to Landlord a written description remove any Tenant Improvements or other improvements at the end of any alterations (other than alterations involving expenditure of less than $10,000)the Term, whether existing upon Term commencement or made by Tenant during the Term. All As used herein and elsewhere in this Lease, the term “Tenant Improvements” means all improvements, additions, alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed fixtures installed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of the alterations, additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore expense after the Premises to its condition prior to such alterationCommencement Date, addition which are not Trade Fixtures (as defined in Section 5.2) or improvement. Tenant shall maintain insurance Capital Expenditures (as required by defined in Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by Landlord6.3).
Appears in 1 contract
Sources: Lease (BioMed Realty Trust Inc)
Tenant Improvements. The “Tenant Improvements” shall mean the interior walls, partitions, doors, door hardware, wall coverings, wall base, counters, lighting fixtures, electrical and telephone wiring, cabling for computers, electrical outlets, ceilings, floor and window coverings, that portion of the HVAC system located within any portion of the Expansion Premises, that portion of the fire sprinklers system located within any portion of the Leased Premises (including the Expansion Premises), and other items of general applicability that Tenant desires to be installed in the interior of the Expansion Premises. Tenant shall obtain promptly commence and diligently prosecute to full completion Tenant Improvements in accordance with the Drawings (defined below). The parties agree that no demolition work or other Tenant Improvements shall be commenced within the Expansion Premises until such time as Tenant has provided to Landlord copies of the building permits required to be obtained from all applicable governmental authorities. All materials, work, installations, equipment and decorations of any nature whatsoever brought on or installed in the Expansion Premises before the applicable Expansion Commencement Date or during the Expansion Term shall be at Tenant's risk, and neither Landlord nor any party acting on Landlord's written consent prior behalf shall be responsible for any damage thereto or loss or destruction thereof due to performing any alterationreason or cause whatsoever, addition excluding by reason of Landlord's negligence or improvement on willful or criminal misconduct. Notwithstanding anything set forth in this Amendment to the Premises; provided, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration of the structural components of the Premises, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is required, such consent shall not be unreasonably withheld, conditioned or delayed. In all eventscontrary, Tenant shall provide have the right, in its sole discretion, to Landlord a written description of apply all or any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration portion of the Term. Tenant shall not be required Total Allowance to remove any performing Alterations (as defined in and pursuant to Section 5(e) of the alterations, additions or improvements made Original Lease) to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by LandlordOriginal Office Premises.
Appears in 1 contract
Sources: Lease Agreement (Norwegian Cruise Line Holdings Ltd.)
Tenant Improvements. Tenant shall obtain Landlord's written consent prior not make or allow to performing be made any alterationalterations, addition physical additions or improvement on improvements in or to the Premises; providedPremises without first obtaining the written consent of Landlord, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration of the structural components of the Premises, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is required, such which consent shall not be unreasonably withheld, conditioned conditioned, or delayed. In all events, Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All Any alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of the alterations, physical additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under or installed by either party hereto shall remain upon and be surrendered with the provisions Premises and become the property of Landlord upon the expiration or earlier termination of this Section 8.1Lease without credit to Tenant; provided, it being understood and agreed however, Landlord, at its option, may require Tenant to remove any physical improvements or additions and/or repair any alterations in order to restore the Premises to the condition existing at the time Tenant took possession, all costs of removal and/or alterations to be borne by Tenant. Notwithstanding the foregoing, Tenant may request in writing that none Landlord make a determination at the time of consent as to whether the Tenant improvements will have to be removed at the end of the Lease Term. This clause shall not apply to moveable equipment, furniture or moveable trade fixtures owned by Tenant, which may be removed by Tenant at the end of the term of this Lease. Tenant shall have no authority or power, express or implied, to create or cause any mechanic’s or materialmen’s lien, charge or encumbrance of any kind against the Premises, the Property or any portion thereof. Tenant shall promptly cause any such improvements shall liens that have arisen by reason of any work claimed to have been undertaken by or through Tenant to be insured released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and shall indemnify Landlord against losses arising out of any such claim (including, without limitation, reasonable legal fees and court costs).
Appears in 1 contract
Sources: Lease Agreement (Liposcience Inc)
Tenant Improvements. Tenant Landlord is providing the Premises in its current “AS IS” condition, without representation or warranty of any kind. Landlord shall obtain Landlord's written consent prior have no obligation to performing make any alteration, addition modifications or improvement on or alterations to the Premises. Landlord acknowledges that Tenant intends to construct certain improvements in the Premises (the “Tenant Improvements”). The costs of the Tenant Improvements shall be paid by Tenant; provided, however, that Landlord shall make available to Tenant an allowance of up to $28,000.00 (the “Allowance”). Upon receipt of paid receipt invoices, lien waivers, and any other information or documentation reasonably requested by Landlord's consent , Landlord shall reimburse Tenant from the Allowance for Tenant’s actual costs relating to the construction of the Tenant Improvements. The Allowance may not be required where used to offset Rent, or to reimburse Tenant for any costs or expenses not directly related to the contemplated work construction of the Tenant Improvements. The Tenant Improvements shall be constructed (i) does not include any alteration of in accordance with the structural components of the Premisesplans and specifications that have been approved by Landlord in writing, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is required, such consent shall not be unreasonably withheld, conditioned or delayed. In all events, Tenant shall provide to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors using only new and first-grade materials, (iii) in compliance with all other applicable provisions in the Lease, and (iv) in compliance with all applicable governmental laws, ordinances, rules and regulations. If the cost of the Tenant Improvements exceeds the Allowance, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on have sole responsibility for the Premises without compensation payment of any kind to Tenant upon expiration such excess cost. If the cost of the Term. Tenant’s Improvements is less than the Allowance, Tenant shall not be required entitled to remove any payment or credit for such excess amount. To the extent any portion of the alterationsAllowance has not been advanced to Tenant by March 1, additions or improvements made to 2009, the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal remaining portion of the subject alteration, addition or improvement by Tenant at the expiration Allowance as of the Term. With respect said date shall be forfeited to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering be solely responsible for the costs of any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood Improvements on and agreed that none of such improvements shall be insured by Landlordafter said date.
Appears in 1 contract
Sources: Lease (Vascular Solutions Inc)
Tenant Improvements. (a) Tenant hereby agrees and acknowledges that the Expansion Premises are being delivered on an “as-is” basis. Any improvements necessary or otherwise desired by Tenant (the ”Improvements”) shall be the sole responsibility of Tenant, and shall otherwise be subject to the provisions of the Lease (including, without limitation, the requirement to obtain Landlord's written consent ’s approval prior to performing any alterationconstruction or installation of such Improvements). Landlord shall provide Tenant with a tenant improvement allowance equal to $6.00 per rentable square foot in the Premises (the “Improvement Allowance”). Unless otherwise agreed to in writing by Landlord and Tenant, addition or improvement on or all such Improvements constructed with such Improvement Allowance shall be constructed pursuant to plans mutually approved by Landlord and Tenant, in their respective reasonable discretion (the “Plans”). Notwithstanding anything to the contrary. Landlord acknowledges and agrees that the Improvement Allowance may be used for more than one construction event, and for any improvements installed in the Premises (including the Original Premises; provided) or any improvements installed in the premises leased by Tenant located at ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, however▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ (the “4000 International Premises”), until the maximum amount of the Improvement Allowance is fully utilized.
(b) The Improvement Allowance shall be paid to Tenant by Landlord following within ten (10) business days following Tenant’s written request therefore, subject to each of the following conditions (to the extent such condition is applicable to the Improvement for which reimbursement is being requested): (1) completion of the applicable Improvements pursuant to the Plans to Landlord’s reasonable satisfaction, (2) Tenant’s delivery to Landlord of a true copy of its Certificate of Occupancy (or similar governmental occupancy permit), and (3) Landlord’s satisfaction that Landlord's consent all bills have been paid to Tenant’s contractors, subcontractors, and professionals, and an Affidavit of Total Release and Bills Paid has been delivered to Landlord from the general contractor, all subcontractors and all suppliers, all subcontractors and all suppliers. Notwithstanding anything to the contrary contained in this Exhibit, Landlord shall not be required where the contemplated work (i) does not include obligated to make any alteration disbursement of the structural components Improvement Allowance during the pendency of any of the following: (A) Landlord has received written notice of any unpaid claims relating to any portion of the Improvements or materials in connection therewith, (B) there is an unbonded lien outstanding against the Building, the Premises, the 4000 International Premises, or the building in which the 4000 International Premises is located, or Tenant’s interest in any of such buildings or premises by reason of work done, or claimed to have been done, or materials supplied or specifically fabricated, claimed to have been supplied or specifically fabricated, to or for Tenant, the Premises or the 4000 International Premises, (C) the conditions to the payment of the Improvement Allowance are not satisfied, or (D) an Event of Default by Tenant exists. The Improvement Allowance must be used (that is, the Improvements must be fully complete and the Improvement Allowance disbursed) within twelve months following the Expansion Commencement Date or shall be deemed forfeited with no further obligation by Landlord with respect thereto, time being of the essence with respect thereto.
(iic) will not The entire cost more than Two Hundred Fifty Thousand Dollars for the Improvements ($250,000.00including design of and space planning. preparation of working drawings and the final “as-built” plans, costs of construction labor and materials, electrical usage during construction, additional janitorial services, related taxes and insurance costs, licenses, permits, certifications, surveys and other approvals required by applicable law, and the construction supervision fee referenced below (all of which costs are herein collectively called the “Total Construction Costs”) to completein excess of the Improvement Allowance (hereinafter defined) shall be paid by Tenant.
(d) Landlord or its Affiliate or agent shall supervise the construction and/or installation of the Improvements, and act as a liaison between the contractor and Tenant and coordinate the relationship between the Improvements, the Building and the Building’s Systems. In the event consideration for Landlord's consent is required, such consent shall not be unreasonably withheld, conditioned or delayed. In all events’s construction supervision services, Tenant shall provide pay to Landlord a written description of any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises by Tenant shall remain on the Premises without compensation of any kind construction supervision fee equal to Tenant upon expiration 3% of the TermTotal Construction Costs. Tenant For purposes herein, the term ”Total Construction Costs” shall not be required to remove any mean the entire cost for the Improvements (including design of and space planning, preparation of working drawings and the alterationsfinal “as-built” plans, additions or improvements made to the Premises costs of construction labor and materials, electrical usage during the Term except only those alterationsconstruction, additions or improvements requiring Landlord's consentadditional janitorial services, to the extent Landlord conditioned its consent upon removal of the subject alterationrelated taxes and insurance costs, addition or improvement by Tenant at the expiration of the Term. With respect to such alterationslicenses, additions or improvements onlypermits, Tenant upon the written request of Landlordcertifications, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost surveys and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as other approvals required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by Landlordapplicable law).
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Sources: Lease Agreement (Realpage Inc)
Tenant Improvements. Tenant shall obtain Landlord's written consent prior Subject to performing any alteration, addition or improvement on or to the Premises; provided, however, that Landlord's consent shall not be required where the contemplated work (i) does not include any alteration of the structural components of the Premises, and (ii) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) to complete. In the event Landlord's consent is required, such consent shall not be unreasonably withheld, conditioned or delayed. In all eventsthis Section 4, Tenant shall provide accept the Suite 110 Premises in its “as is” condition (subject to Landlord's continuing repair and maintenance obligations, as outlined in Section 10 of the Lease (as may be amended)), and Landlord shall have no obligation to make any alterations or improvements thereto whatsoever (provided that Landlord shall deliver same in good and tenantable condition, broom clean, with all systems serving same in good working order). Any alterations that Tenant desires to make in the Suite 110 Premises shall be subject to all the terms and conditions set forth in Section 11 of the Lease. Notwithstanding anything in the Lease to the contrary, Landlord hereby agrees to grant Tenant an allowance in the amount of $10,000 to be applied toward the cost (including architectural and engineering fees) of alterations performed by ▇▇▇▇▇▇ in the Suite 110 Premises (the “Granted Allowance”) in conjunction with ▇▇▇▇▇▇’s initial occupancy of Suite 110 Premises. Provided no Event of Default then exists under the Lease, the Granted Allowance (or portions thereof) shall be disbursed to Tenant within thirty (30) days following ▇▇▇▇▇▇'s submission to Landlord a written description of any paid invoices for work related to alterations (other than performed by ▇▇▇▇▇▇ in the Suite 110 Premises, accompanied by waivers of liens executed by all contractors employed by Tenant for the performance of such work. If the cost of ▇▇▇▇▇▇'s alterations involving expenditure in the Suite 110 Premises exceeds the amount of less than $10,000). All alterationsthe Granted Allowance, additions and improvements the excess shall be constructed in a good and workmanlike manner by licensed contractors and in compliance with all applicable laws, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises paid by Tenant shall remain on after the Premises without compensation of any kind to Tenant upon expiration Granted Allowance is fully exhausted. Any portion of the Term. Granted Allowance that has not been applied (or contracted to be applied) in the manner set forth above by the date which is twelve (12) months following the Eighth Amendment Commencement Date shall revert to Landlord, and Tenant shall not be required to remove any of the alterations, additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With have no further rights with respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by Landlordthereto.
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Tenant Improvements. Landlord shall construct and, except as provided below to the contrary, pay for the entire cost of constructing the tenant improvements (“Tenant shall obtain Landlord's written consent Improvements”) as described by the plans and specifications (including price specifications) identified in Schedule “1” attached hereto (the “Plans”). Tenant may request changes to the Plans prior to performing any alteration, addition or improvement on or to the Premises; provided, however, Commencement Date provided that Landlord's consent (a) the changes shall not be required where of a lesser quality than Landlord’s standard specifications for tenant improvements for the contemplated work Building, as the same may be changed from time to time by Landlord (ithe “Standards”); (b) does the changes conform to applicable governmental regulations and necessary governmental permits and approvals can be secured; (c) the changes do not include require building service beyond the levels normally provided to other tenants in the Building; (d) the changes do not have any alteration adverse affect on the structural integrity or systems of the structural components Building; (e) the changes will not, in Landlord’s reasonable opinion, unreasonably delay construction of the Premises, Tenant Improvements; and (iif) will not cost more than Two Hundred Fifty Thousand Dollars ($250,000.00) Landlord has determined in its sole discretion that the changes are of a nature and quality consistent with the overall objectives of Landlord for the Building. If Landlord approves a change requested by Tenant, then, as a condition to complete. In the event effectiveness of Landlord's consent is required, such consent shall not be unreasonably withheld, conditioned or delayed. In all events’s approval, Tenant shall provide pay to Landlord upon demand by Landlord the increased cost attributable to such change, as reasonably determined by Landlord and which Landlord has previously provided a written description reasonable estimate of the cost of such change. To the extent any alterations (other than alterations involving expenditure of less than $10,000). All alterations, additions and improvements shall be constructed such change results in a good and workmanlike manner by licensed contractors and in compliance with all applicable lawsdelay of completion of construction of the Tenant Improvements, regulations, CC&R's, zoning ordinances and building codes. Except as provided immediately below, all alterations, additions and improvements constructed in or on the Premises then such delay shall constitute a delay caused by Tenant as described below. Landlord’s contractors for the Project shall remain on bid and construct the Premises without compensation of any kind to Tenant upon expiration of the Term. Tenant shall not be required to remove any of the alterations, additions or improvements made to the Premises during the Term except only those alterations, additions or improvements requiring Landlord's consent, to the extent Landlord conditioned its consent upon removal of the subject alteration, addition or improvement by Tenant at the expiration of the Term. With respect to such alterations, additions or improvements only, Tenant upon the written request of Landlord, shall upon the expiration of the Term, remove such alteration, addition or improvement at its cost and restore the Premises to its condition prior to such alteration, addition or improvement. Tenant shall maintain insurance as required by Section 11.2 covering any improvements, alterations or additions to the Premises made by Tenant under the provisions of this Section 8.1, it being understood and agreed that none of such improvements shall be insured by LandlordImprovements.
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