Common use of Tenant’s Alterations Clause in Contracts

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to any part of the Premises (collectively, “Alterations”) without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “

Appears in 3 contracts

Samples: Lease (Passage BIO, Inc.), Lease (Passage BIO, Inc.), Passage BIO, Inc.

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Tenant’s Alterations. (ai) The construction Tenant shall not make, erect, or install any partitions (including moveable partitions), leasehold improvements, alterations or fixtures (including trade fixtures) in or about the Leased Premises without the prior written consent of the initial Leasehold Improvements (as defined in Exhibit C) Landlord. All such work shall be governed performed in accordance with any reasonable conditions, regulations or design criteria set out by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, Landlord and shall not permit be completed in a good and xxxxxxx like manner, in accordance with the description of the work approved by the Landlord, all applicable laws and the requirements of all governmental authorities. The Tenant shall, at the time of its application for such consent, furnish the Landlord with such plans, specifications and designs in such detail as the Landlord may require. The Landlord shall have the right to supervise any work done and to select or approve (at its option) the contractors and workmen to be employed by the Tenant. Any workmen performing the work shall have labour union affiliations compatible with others employed by the Landlord and its contractors. If the work proposed by the Tenant Agent to, cut, drill into, may affect the structure of the Leased Premises or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to any part of the Premises (collectivelyDevelopment or any of the electrical, “Alterations”) without first obtaining mechanical or base building systems of the written consent Development, the Landlord may elect that it be performed either by the Landlord or its contractors, in which case the Tenant shall pay to the Landlord as Additional Rent the costs of Landlordthe Landlord relating to such work, which consent shall not be unreasonably withheld, conditioned, or delayedincluding any consultants’ fees. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed denied. Notwithstanding Tenant performs any work without complying with the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating Section and does not remove it upon notice, the Landlord shall have the right to do so and to restore the Leased Premises to their previous condition, in which case the Tenant shall pay to the Landlord as Additional Rent the costs of such Alterationswork and a supervisory fee which is reasonable in all circumstances. Notwithstanding All partitions, leasehold improvements, alterations or fixtures made, erected or installed in the foregoingLeased Premises, if whether made pursuant to this Section 15.02 or otherwise, shall become the property of the Landlord notifies upon installation or affixation subject to the rights and obligations of the Tenant respecting removal thereof as provided in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “this Section.

Appears in 2 contracts

Samples: Pivotal Corp, Pivotal Corp

Tenant’s Alterations. (a) The Tenant shall not make any Alterations, including, without limitation, Tenant’s installation and construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind Premises to any part of prepare the Premises for Tenant’s occupancy as well as fixturing, cabling and computer installations in connection therewith (collectively, “Tenant’s Initial Installations”), without Landlord’s prior written consent in each instance; provided, however, that Tenant may make the following Alterations to the Premises without Landlord’s prior written consent (collectively, “Permitted Alterations”), (x) without first obtaining decorations consisting of furniture, painting, wall coverings and floor coverings in the Premises subject to the terms and conditions of the Lease (“Decorative Alterations”), and (y) other Alterations that satisfy the Alterations Criteria (as hereinafter defined), and which (together with any other Alterations performed by Tenant during the calendar year in which such other Alterations were performed) cost, in the aggregate, less than $30.000.00; provided, further, that Tenant shall provide Landlord with at least ten (10) (Business Days’ prior written notice prior to making any Permitted Alterations, which notice shall include (except in the case of Decorative Alterations) a set of plans and specifications for such Permitted Alterations, as described in Section 4.2(a) below. Landlord’s consent to Tenant’s Alterations shall be granted or denied in Landlord’s sole discretion; provided, however, that Landlord shall not unreasonably withhold or delay its consent to Tenant’s Initial Alterations to adapt the Premises for the Permitted Use provided that such Alterations (i) are non-structural and do not affect the Building Systems or services, or violate the design or engineering standards or criteria of Landlord for the Building, (ii) are performed only by contractors or mechanics approved in writing by Landlord, (iii) affect only the Premises and are not visible from outside of the Premises, (iv) do not adversely affect any service furnished by Landlord to Tenant or to any other tenant of the Building or the 000 Xxxx Xxxxxxxx, (v) do not reduce the value or utility of the Building or the 000 Xxxx Xxxxxxxx, (vi) do not violate any Legal Requirements or the Building Rules and Regulations, or cause the Premises or the Building or the 000 Xxxx Xxxxxxxx to be non-compliant with any Legal Requirements, (vii) do not adversely affect any Common Areas or other tenant of the Building or the 000 Xxxx Xxxxxxxx, or the premises of any such other tenant, and (viii) do not conflict with or violate any rules and regulations of Landlord’s insurance carrier (collectively, the “Alterations Criteria”). Tenant shall provide Landlord with a final complete set of Tenant’s Plans (defined below) for Tenant’s Initial Alterations, which Tenant shall cause to be prepared at Tenant’s sole cost and expense, within forty-five (45) days after the Effective Date. Landlord shall notify Tenant within five (5) Business Days after Tenant’s delivery of Tenant’s Plans, (i) whether Landlord consents or withholds its consent shall not be unreasonably withheldthereto, conditionedand (ii) if Landlord withholds its consent, the reason or delayedreasons therefor. If Landlord fails to respond to a request for notify Tenant of its consent to a proposed Alteration or withholding of consent within 10 business days after Landlord’s receipt of such requestfive (5) Business Day period, the request shall be deemed denied. Notwithstanding the foregoing, if and (x) Landlord further fails to respond notify Tenant of its consent or withholding of consent within such 10 business-day period, Tenant may thereafter send to Landlord five (5) Business Days after delivery (or attempted delivery) of a second written requesting approval request by Tenant to Landlord, (y) Tenant has evidence that Landlord received or refused delivery of such second notice (in the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after form of a return receipt thereof (“Second Alteration Request Response Period”or proof of refusal of delivery), and (z) such second notice stated on its face that refusal to timely respond constitutes a “deemed consent”, then Landlord shall be deemed to have elected consented to Tenant’s Plans as submitted. If Landlord’s approval of a contractor is required, Landlord shall notify Tenant within five (5) Business Days after Tenant’s written request whether Landlord consents or withholds its consent to the any contractor proposed Alteration, provided by Tenant shall otherwise have complied with all provisions of this Lease relating to such perform Tenant’s Initial Alterations. Notwithstanding the foregoingIf Landlord fails to notify Tenant of its consent or withholding of consent within such five (5) Business Day period, if Landlord notifies and Tenant in writing within the Second Alteration Request Response Period has evidence that Landlord requires additional time to review received the requestnotice requesting such consent (in the form of a return receipt or proof of refusal of delivery), then the Second Alteration Request Response Period Landlord shall be extended deemed to have consented to the contractor proposed by an additional 10 business days. “Tenant to perform such Tenant’s Alteration.

Appears in 2 contracts

Samples: Agreement of Lease (Groupon, Inc.), Agreement of Lease (Groupon, Inc.)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined Tenant covenants and agrees not to make any alterations in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to any part of the Premises (collectively, “all such alterations are referred to herein collectively as "Alterations") without in each such instance first obtaining the written Written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, withheld or delayed. Landlord's consent to any Alterations by Tenant or Landlord's approval of the plans, specifications and working drawings for Tenant's Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities now in effect or which may hereafter be in effect. Tenant, at its expense, shall pay all engineering and design costs incurred by Landlord attributable to the Alterations and obtain all necessary governmental permits and certificates required for any Alterations to which Landlord has consented and shall cause such alterations to be completed in compliance therewith and with all applicable laws and requirements of public authorities and all applicable requirements of Landlord's insurance carriers. All Alterations which Tenant is permitted to make shall be performed in a good and workmanlike manner, using new or like new materials and equipment at least equal in quality to the original installations in the Premises. All repair and maintenance work required to be performed by Tenant pursuant to the provisions of this Section 6 and any Alterations permitted by Landlord pursuant to the provisions hereof, shall be done at Tenant's expense by persons requested by Tenant and authorized in Writing by. Landlord. If Landlord fails authorizes persons requested by Tenant to respond perform such work, prior to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt the commencement of any such work on request, Tenant shall deliver to Landlord certificates issued by insurance companies qualified to do business in the request State of Kansas, evidencing that workmen's compensation, public liability insurance, and property damage insurance, all in the amounts, with companies and on forms satisfactory to Landlord, are in force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord and any Mortgagee as an additional insured, and any Mortgagee as a loss payee. Each such certificate shall provide that the same may not be deemed deniedcancelled or modified without ten (10) days' prior written notice to Landlord and such Mortgagee. Further, Landlord and such Mortgagee shall have the right to post notices in the Premises, including, but not limited to, notice of Landlord's nonresponsibility for construction of, alteration or repair to, the Premises, in locations which will be visible by parties performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary. Upon the expiration or earlier termination of this Lease, except for Alterations approved by Landlord in writing, Landlord shall have the right to require that Tenant remove all or any of the Alterations, and in such event, Tenant shall promptly remove at Tenant's expense the Alterations specified by Landlord and restore the Premises to their condition prior to the making of the same, reasonable wear and tear and casualty excepted. Notwithstanding the foregoing, if Landlord fails Tenant shall be allowed to respond within such 10 business-day make interior, nonstructural changes to the Premises without Landlord's prior written consent; however, for all Alterations costing in excess of $250,000.00 in any consecutive twelve (12) month period, Tenant may thereafter send to shall provide Landlord a second with fourteen (14) days' advance written requesting approval notice of said changes. Tenant's schedule for completing the proposed Alterationsame, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond any information relating to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended Alterations reasonably requested by an additional 10 business days. “Landlord.

Appears in 2 contracts

Samples: Assignment and Assumption of Lease and Guaranty (Aei Income & Growth Fund 25 LLC), Assignment and Assumption of Lease and Guaranty (AEI Income & Growth Fund 26 LLC)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit make any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, installations or physical additions of any kind to any part of the Premises improvements (collectively, “AlterationsTenant Changes”) in, to, or about the interior or exterior of the Premises without first obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, withheld or delayed. If Landlord fails to respond to a Tenant’s request for Landlord’s consent to a perform any Tenant Changes which affect structural components, the electrical or HVAC system or cause penetration through the roof or walls of the building, must be accompanied by plans and specifications (to be prepared by Tenant at Tenant’s sole cost) for the proposed Alteration Tenant Change in detail reasonably satisfactory to Landlord, together with notice of the identity of the licensed contractor which Tenant has or will engage to perform such work, plus reimbursement of Landlord’s third party costs associated with reviewing such plans and specifications. Landlord shall grant or withhold its approval of such plans and specifications within 10 fifteen (15) business days after Landlord’s receipt of such requestTenant makes request therefor in the manner provided herein; provided, the request shall be deemed denied. Notwithstanding the foregoinghowever, if Landlord fails needs to respond consult with an outside consultant or expert with respect thereto, Landlord’s consent shall be granted or denied within a reasonable time after the expiration of such 10 business15-day period. All such work shall be accomplished at Tenant’s sole risk, and Tenant may thereafter send shall indemnify, defend and hold harmless Landlord from and against any and all loss, cost, liability and expense (including consequential damages) relating to Landlord or arising from the Tenant Changes. All permanent, nonmovable Tenant Changes shall become a second written requesting approval part of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “realty upon installation thereof.

Appears in 2 contracts

Samples: Merrill Creek Center Lease Agreement (Zumiez Inc), Merrill Creek Center (Zumiez Inc)

Tenant’s Alterations. Tenant shall not make, or suffer to be made, any alteration or addition to the Premises (a"Alterations"), or any part thereof, without obtaining Landlord's prior written consent and delivering to Landlord the proposed architectural and structural plans for all such Alterations at least ten (10) The construction days prior to the start of construction. If such Alterations affect the structure of the initial Leasehold Improvements (as defined Building, Tenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereofreviewing Tenant's plans. Except for the Leasehold Improvements and as otherwise set forth belowAfter obtaining Landlord's consent, Tenant shall notnot proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to provide Landlord (i) written notice of the anticipated and actual start-date of the work, (ii) a complete set of half-size (15" X 21") vellum as-built drawings, and (iii) a certificate of occupancy for the work upon completion of the Alterations. All Alterations shall not permit any Tenant Agent tobe constructed in compliance with all applicable building codes and laws including, cutwithout limitation, drill intothe Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, or secure any fixtureall Alterations, apparatusexcept movable furniture and trade fixtures, or equipment, or make alterations, improvements, or physical additions of any kind to any shall become a part of the Premises (collectivelyrealty and belong to Landlord but shall nevertheless be subject to removal by Tenant as provided in Section 6 above. Alterations which are not deemed as trade fixtures include heating, “Alterations”) without first obtaining the written consent of Landlordlighting, which consent shall not be unreasonably withheldelectrical systems, conditionedair conditioning, walls, carpeting, or delayedany other installation which has become an integral part of the Premises. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request All Alterations shall be deemed deniedmaintained, replaced or repaired by Tenant at its sole cost and expense. Landlord hereby acknowledges and agrees that during the Early Occupancy Period, Tenant intends to make the Alterations described on Exhibit "D" ("Initial Alterations") attached hereto, and Landlord hereby approves such Alterations in satisfaction of its approval right set forth in this Section 7.A. Notwithstanding the foregoing, if Landlord fails Tenant shall be entitled, without obtaining Landlord's consent, to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval make Alterations which do not affect the structure of the proposed AlterationBuildings and which do not cost more than Fifty Thousand Dollars ($50,000.00) per Alteration ("Permitted Alterations"); provided, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statementhowever, that: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided i) Tenant shall otherwise have complied still be required to comply with all other provisions of this Lease relating paragraph; and (ii) Landlord may elect to have Tenant remove such Alterations. Notwithstanding Permitted Alterations at the foregoingexpiration or earlier termination of the Lease, if unless Tenant has notified Landlord notifies Tenant in writing within of such Permitted Alterations at least ten (10) days prior to commencing construction and received approval from Landlord that such Permitted Alterations will not be required to be removed at the Second Alteration Request Response Period that Landlord requires additional time to review expiration of the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “Lease.

Appears in 2 contracts

Samples: Lease (Zilog Inc), Lease (Zilog Inc)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof9.1. Except for strictly cosmetic changes to the Leasehold Improvements office area of the Demised Premises that do not impact the exterior, Building systems and as otherwise set forth belowstructure of the Demised Premises, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill into, make no alterations or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to any part of the Premises improvements (collectively, “Alterations”) to the Demised Premises without first obtaining the written consent of Landlord. Landlord shall respond to Tenant’s written request to do Alterations within ten (10) business days. “Alterations” shall not include the Tenant Improvements defined in the Work Letter attached hereto as Exhibit “B”. Landlord acknowledges that Tenant may prepare one (1) of its three (3) planned chemistry lab spaces as a shell space prior to the Commencement Date and that, which during the Lease Term, Tenant may complete the Tenant Improvements thereto, including the installation of case work, benches and an air handling unit, and that such improvement of the remaining lab space shall not be considered Alterations for the purposes hereof, provided, however, that both parties shall be subject to the provisions of the Work Letter attached hereto as Exhibit “B” with respect to the Tenant Improvements to be completed to such shell space, regardless of when such Tenant Improvements are completed. If Landlord consents to such Alterations, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with reasonable security for the payment of all costs to be incurred in connection with such work if the total cost of such work is estimated to exceed $60,000, insurance, and copies of the plans, specifications and permits necessary for such work. Alterations shall be done at Tenant’s expense by contractors hired by Tenant and reasonably approved by Landlord. Tenant shall promptly pay to Tenant’s contractors the cost of all such work, and (i) if Landlord is managing the contractors, Tenant shall pay to Landlord or Landlord’s affiliate or designee seven percent (7%) of the cost of such work as a construction supervision fee, or (ii) if Tenant is managing the contractors, Tenant shall pay to Landlord or Landlord’s affiliate or designee one percent (1%) of the cost of such work as a construction supervision fee. All Alterations shall be done in a workmanlike manner and shall comply with all insurance requirements and all applicable Governmental Requirements, and with all reasonable requirements of Landlord imposed as a condition of its consent to Tenant’s particular contractor. Landlord agrees that its consent to proposed alterations, improvements and contractors shall not be unreasonably withheld, conditioned, conditioned or delayed. If Landlord fails to respond to a request for consent to a delayed provided the proposed Alteration within 10 business days after Landlord’s receipt of such request, alterations or improvements do not affect the request shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval exterior of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on Building or materially adversely affect the first page thereof base building systems of the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “Building.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Trevena Inc), Commercial Lease Agreement (Trevena Inc)

Tenant’s Alterations. (a) The Tenant shall not make any Alterations, including, without limitation, Tenant’s installation and construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind Premises to any part of prepare the Premises for Tenant’s occupancy as well as fixturing, cabling and computer installations in connection therewith (collectively, “Tenant’s initial Installations”). without Landlord’s prior written consent in each instance; provided, however, that Tenant may make the following Alterations to the Premises without Landlord’s prior written consent (collectively, “Permitted Alterations”), (x) without first obtaining decorations consisting of furniture, painting, wall coverings and floor coverings in the Premises subject to the terms and conditions of the Lease (“Decorative Alterations”), and (y) other Alterations that satisfy the Alterations Criteria (as hereinafter defined), and which (together with any other Alterations performed by Tenant during the calendar year in which such other Alterations were performed) cost, in the aggregate, less than $30,000.00; provided, further, that Tenant shall provide Landlord with at least ten (10) (Business Days’ prior written notice prior to making any Permitted Alterations, which notice shall include (except in the case of Decorative Alterations) a set of plans and specifications for such Permitted Alterations, as described in Section 4.2(a) below. Landlord’s consent to Tenant’s Alterations shall be granted or denied in Landlord’s sole discretion; provided, however, that Landlord shall not unreasonably withhold or delay its consent to Tenant’s Initial Alterations to adapt the Premises for the Permitted Use provided that such Alterations (i) are non-structural and do not affect the Building Systems or services, or violate the design or engineering standards or criteria of Landlord for the Building, (ii) are performed only by contractors or mechanics approved in writing by Landlord, (iii) affect only the Premises and are not visible from outside of the Premises, (iv) do not adversely affect any service furnished by Landlord to Tenant or to any other tenant of the Building or the 000 Xxxxx Xxxxxxxx, (v) do not reduce the value or utility of the Building or the 000 Xxxxx Xxxxxxxx, (vi) do not violate any Legal Requirements or the Building Rules and Regulations, or cause the Premises or the Building or the 000 Xxxxx Xxxxxxxx to be non-compliant with any Legal Requirements, (vii) do not adversely affect any Common Areas or other tenant of the Building or the 900 North Building, or the premises of any such other tenant, and (viii) do not conflict with or violate any rules and regulations of Landlord’s insurance carrier (collectively, the “Alterations Criteria”). Tenant shall provide Landlord with a final complete set of Tenant’s Plans (defined below) for Tenant’s Initial Alterations, which Tenant shall cause to be prepared at Tenant’s sole cost and expense, within forty-five (45) days after the Effective Date. Landlord shall notify Tenant within five (5) Business Days after Tenant’s delivery of Tenant’s Plans, (i) whether Landlord consents or withholds its consent shall not be unreasonably withheldthereto, conditionedand (ii) if Landlord withholds its consent, the reason or delayedreasons therefor. If Landlord fails to respond to a request for notify Tenant of its consent to a proposed Alteration or withholding of consent within 10 business days after Landlord’s receipt of such requestfive (5) Business Day period, the request shall be deemed denied. Notwithstanding the foregoing, if and (x) Landlord further fails to respond notify Tenant of its consent or withholding of consent within such 10 business-day period, Tenant may thereafter send to Landlord five (5) Business Days after delivery (or attempted delivery) of a second written requesting approval request by Tenant to Landlord, (y) Tenant has evidence that Landlord received or refused delivery of such second notice (in the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after form of a return receipt thereof (“Second Alteration Request Response Period”or proof of refusal of delivery), and (z) such second notice stated on its face that refusal to timely respond constitutes a “deemed consent”, then Landlord shall be deemed to have elected consented to Tenant’s Plans as submitted. If Landlord’s approval of a contractor is required, Landlord shall notify Tenant within five (5) Business Days after Tenant’s written request whether Landlord consents or withholds its consent to the any contractor proposed Alteration, provided by Tenant shall otherwise have complied with all provisions of this Lease relating to such perform Tenant’s Initial Alterations. Notwithstanding the foregoingIf Landlord fails to notify Tenant of its consent or withholding of consent within such five (5) Business Day period, if Landlord notifies and Tenant in writing within the Second Alteration Request Response Period has evidence that Landlord requires additional time to review received the requestnotice requesting such consent (in the form of a return receipt or proof of refusal of delivery), then the Second Alteration Request Response Period Landlord shall be extended deemed to have consented to the contractor proposed by an additional 10 business days. “Tenant to perform such Tenant’s Alteration.

Appears in 2 contracts

Samples: Agreement of Lease (Groupon, Inc.), Agreement of Lease (Groupon, Inc.)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall notnot make any additions, and shall not permit any Tenant Agent to, cut, drill intoalterations, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to any part of improvements (the Premises (collectively, “Alterations”) to the Premises without first obtaining the written prior consent of Landlord, which consent shall be requested by Tenant at least thirty (30) days prior to the commencement of any work and such request for consent shall include (A) Tenant’s proposed plans and specifications for the Alterations, (B) a detailed critical path construction schedule containing the major components of the Alterations and the time required for each, including the scheduled construction commencement date, milestone dates and the estimated completion date, (C) an itemized statement of estimated construction costs, including fees for permits and architectural and engineering fees, (D) evidence satisfactory to Landlord of Tenant’s ability to pay the cost of the Alterations, (E) the names and addresses of Tenant’s contractors (and said contractors’ subcontractors) and materialmen to be engaged by Tenant for the Alterations (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”); however, Landlord may designate a list of approved contractors for any portions of the Alterations involving the Building’s structure or the Building Systems, from which Tenant must select its contractors for such portions of the Alterations (“Approved Contractors”), and (F) certificates of insurance, evidencing the insurance required under this Article 11. Landlord’s consent to the Alterations (and Landlord’s approval of Tenant’s plans and specifications therefor) shall not be unreasonably withheld, conditionedconditioned or delayed and any changes or modifications to the Alterations or such plans or specifications thereafter shall require Landlord’s approval (which shall not be unreasonably withheld). Landlord’s review and approval of the plans and specifications for the Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed deniedcompliance with all Laws. Notwithstanding the foregoing, if Landlord fails Tenant shall have the right during the Term to respond within such 10 business-day period, make cosmetic Alterations as Tenant may thereafter send to Landlord a second written requesting approval of reasonably deem desirable or necessary (the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response PeriodCosmetic Alterations”), without Landlord’s consent, provided that such Alterations (i) are not visible from outside of the Premises; (ii) do not affect the Building’s structure or any Building System; (iii) do not trigger any legal requirement which would require any alteration or improvements to the Building or Project; (iv) do not, in the aggregate, exceed $5,000 (for Alterations other than floor and wall covering) in any twelve (12) month period; and (v) do not require any license, permit or approval under applicable Law and do not result in the voiding of Landlord’s insurance, the increasing of Landlord’s insurance risk or the disallowance of sprinkler credits. Tenant shall give Landlord at least ten (10) days prior written notice of such Cosmetic Alterations, which notice shall be deemed accompanied by reasonably adequate evidence that such changes meet the foregoing criteria. Except as otherwise provided, the term “Alterations” shall include Cosmetic Alterations. Tenant shall be entitled to have elected to consent install, at Tenant's sole cost and expense, a separate security system for the Premises, including access control on the doors providing entry to the proposed AlterationPremises, as an Alteration or as a part of the Tenant Improvements; provided, however, that (i) the plans and specifications for any such system shall be subject to Landlord's reasonable approval, (ii) any such system must not interfere with the operation of any existing systems of the Building, (iii) Tenant's obligation to indemnify, defend and hold Landlord harmless as provided in, and subject to, Section 17.1 below shall also apply to Tenant's use and operation of any such system, (iv) the installation of such system shall otherwise be subject to the terms and conditions of this Article 11 (or Exhibit E and Exhibit E-1, if installed as a part of the Tenant Improvements), and (v) notwithstanding anything to the contrary in this Lease, Tenant shall otherwise have complied with all provisions remove such system upon the expiration or earlier termination of this Lease relating and repair all damage caused by such removal. Tenant shall at all times provide Landlord with a contact person who can disarm the security/surveillance system and who is familiar with the functions of such system in the event of a malfunction, and Tenant shall provide Landlord with the alarm codes or other necessary information required to disarm such Alterations. Notwithstanding system in the foregoing, if event Landlord notifies Tenant must enter the Premises in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “emergency.

Appears in 2 contracts

Samples: Office Lease, Office Lease

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth belowin this Lease, Tenant shall not, and shall not permit any Tenant Agent to, cut, cut or drill into, into or secure any fixture, apparatus, apparatus or equipment, equipment or make other invasive alterations, improvements, improvements or physical additions (collectively, “Alterations”) of any kind to any part of the Premises (collectively, “Alterations”other than hanging of artwork or as otherwise set forth in the next succeeding sentence) without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. If All Alterations shall be completed in compliance with all applicable Laws and Landlord’s guidelines concerning Alterations, which shall be substantially similar to the guidelines attached as Exhibit C-2, as the same may be reasonably updated from time to time to reflect reasonable practices in the industry (the “Alterations Guidelines”). Landlord’s consent shall not be required for any Alteration (regardless of the then applicable Alterations Guidelines) costing less than $100,000.00 and that: (i) is nonstructural; and (ii) does not affect any of the Building MEP systems, involve electrical or drywall work, require a building permit, or materially affect the air quality in the Building in an adverse, continuing way. Tenant shall be solely responsible for the installation and maintenance of its data, telecommunication, and security systems and wiring at the Premises, which shall be done in compliance with all applicable Laws and Landlord’s guidelines with respect to such installations. With respect to all Alterations made after the Execution Date, other than those made by Landlord fails (or authorized or permitted by Landlord) pursuant to respond this Lease, Tenant acknowledges that: (A) Tenant is not, under any circumstance, acting as the agent of Landlord; (B) Landlord did not cause or request such Alterations to a request for be made; (C) Landlord has not ratified such work; and (D) Landlord did not authorize such Alterations within the meaning of applicable state statutes. Nothing in this Lease or in any consent to a proposed Alteration within 10 business days after Landlord’s receipt the making of such request, the request Alterations shall be deemed deniedor construed in any way as constituting a request by Landlord, express or implied, to any contractor, subcontractor, or supplier for the performance of any labor or the furnishing of any materials for the use or benefit of Landlord. Notwithstanding The Leasehold Improvements are not Alterations for any purpose under this Lease, and shall be governed by Exhibit C to this Lease. Tenant shall not be required to remove any Alteration at the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval expiration of the proposed Alteration, Term or sooner termination as to which request must set forth (I) the same is permitted to be constructed or installed without Landlord’s consent in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” accordance with this Section 9 or (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to II) if Landlord’s consent to such Alteration does not expressly require the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “same.

Appears in 1 contract

Samples: Lease (Safeguard Scientifics Inc)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit make any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, additions or physical additions of any kind improvements to any part of the Premises other than the Tenant Work (collectively, “Alterations”) in excess of $50,000.00 at any one time or of a structural nature without first obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, conditioned or delayed. If Whenever Tenant proposes to make any Alterations within the Premises, Tenant shall first furnish to Landlord fails plans and specifications in such detail as Landlord may request covering all such work, together with an identification of the contractor(s) whom Tenant plans to respond employ for the work. All such work shall be completed promptly, in a good and workmanlike manner and using only good grades of materials. Landlord may, at its election, monitor or engage a third party to monitor such work. Tenant shall reimburse Landlord for all reasonable documented out-of-pocket expenses incurred by Landlord (including, without limitation, any construction management or similar fees and related costs payable by Landlord to a request third party engaged by Landlord to monitor such work) in connection with Landlord's review of Tenant's plans and other submissions as requested by Landlord and for consent to a proposed Alteration within 10 business days after Landlord’s receipt of monitoring such requestconstruction in connection with Alterations, the request provided that such costs shall be deemed deniednot exceed $2,500.00 for each Alteration. Notwithstanding the foregoing, if rights accorded to Landlord fails pursuant to respond within such 10 business-day periodthe immediately preceding sentences, Tenant may thereafter send acknowledges and agrees that Landlord's permission for Tenant to commence construction or monitoring of such work shall in no way constitute any representation or warranty by Landlord a second written requesting approval as to the adequacy or sufficiency of such plans and specifications, the improvements to which they relate, the capabilities of such contractors or the compliance of any such work with any Applicable Laws, codes or other requirements; instead, any such permission or monitoring shall merely be the consent of Landlord as required hereunder. Without limiting the generality of the proposed Alterationpreceding sentences in this Section 10.1, which request Tenant acknowledges and agrees that any installation or replacement of Tenant's HVAC equipment must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating subject to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant preceding sentences and must be effected in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “accordance with Landlord's reasonable instructions regarding same.

Appears in 1 contract

Samples: Lease Agreement (Biodesix Inc)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth belowherein, Tenant shall not, and shall not make or permit to be made any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make material alterations, improvements, improvements or physical additions of any kind to any part of the Premises (collectively, “Alterations”) without on each occasion first presenting to Landlord plans and specifications therefor and obtaining the Landlord's prior written consent of Landlordthereto, which consent shall not be unreasonably withheld, conditioned, withheld or delayed; except that Tenant may make alterations, improvements or additions to those portions of the Premises that Landlord is not obligated to maintain pursuant to Section 8.2 above, without the consent of Landlord, provided that: (i) Tenant supplies Landlord with plans and specifications and any necessary permits therefor at least ten (10) days in advance of commencing construction thereof; (ii) such alterations and improvements do not impair the structural strength of the Facility or any other improvements or reduce the value of the Premises; and (iii) Tenant shall take or cause to be taken all steps that are required by Section 14 hereof and that are required or permitted by law in order to avoid the imposition of any mechanic's lien upon the Premises. If Landlord fails Any and all alterations, improvements and additions to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such requestthe Premises which are constructed, the request installed or otherwise made by Tenant shall be deemed deniedthe property of Tenant until the expiration or earlier termination of this Lease. Notwithstanding Subject to Tenant's exercise of and rights under the foregoingOption, if Landlord fails to respond within such 10 business-day periodupon the expiration or earlier termination of this Lease, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold all alterations and 14-point capitalized type additions shall remain on the first page thereof Premises and become the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If property of Landlord then fails to respond to without payment therefor by Landlord unless, upon the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”)expiration or earlier termination of this Lease, Landlord shall be deemed give written notice to have elected Tenant to consent remove the same; in which event Tenant will remove such alterations, improvements and additions, and repair and restore any damage to the proposed AlterationPremises caused by the installation or removal thereof. Prior to the completion of any material alteration, provided improvement or addition, Landlord and Tenant agree to execute a written statement as to whether or not the alteration, improvement or addition shall otherwise have complied with all provisions be required to be removed upon the expiration or earlier termination of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “Lease.

Appears in 1 contract

Samples: Lease Agreement (Biopure Corp)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall notnot make any additions, and shall not permit any Tenant Agent to, cut, drill intoalterations, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to any part of improvements (the Premises (collectively, “Alterations”) to the Premises without first obtaining the written prior consent of Landlord. Consent shall be requested by Tenant at least [***] days prior to the commencement of any work and such request for consent shall include (A) Tenant’s proposed plans and specifications for the Alterations, (B) a detailed critical path construction schedule containing the major components of the Alterations and the time required for each, including the scheduled construction commencement date, milestone dates and the estimated completion date, (C) an itemized statement of estimated construction costs, including fees for permits and architectural and engineering fees, (D) evidence satisfactory to Landlord of Tenant’s ability to pay the cost of the Alterations, (E) the names and addresses of Tenant’s licensed and reputable contractors (and said contractors’ subcontractors) and materialmen to be engaged by Tenant for the Alterations (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”); however, Landlord may designate a list of approved contractors for any portions of the Alterations involving the Building’s structure or the Building Systems, from which Tenant must select its contractors for such portions of the Alterations (“Approved Contractors”), and (F) certificates of insurance, evidencing the insurance required under this Article 11. If Tenant desires to contract with a contractor who is not on Landlord’s list of approved contractors, Tenant shall submit the name of the contractor to Landlord and Landlord shall have the right to approve the contractor, which approval shall not be unreasonably denied. Landlord’s consent to the Alterations (and Landlord’s approval of Tenant’s plans and specifications therefor) shall not be unreasonably withheld, conditioned or delayed and any changes or modifications to the Alterations or such plans or specifications thereafter shall require Landlord’s approval (which shall not be unreasonably withheld). Landlord’s review and approval of the plans and specifications for the Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all Laws. Landlord’s consent may be conditioned, or delayed. If Landlord fails among other things, on Tenant’s removing any such Alterations at the Expiration Date and restoring the Premises to respond to a request for consent to a proposed Alteration within 10 business days after the same condition as on the Possession Date, and, if requested by Tenant in writing at the time Tenant seeks Landlord’s receipt consent for any Alteration, Landlord will specify which portion of such request, the request shall Alterations must be deemed deniedremoved/restored at the Expiration Date. Notwithstanding the foregoing, if Landlord fails Tenant shall have the right during the Term to respond within such 10 business-day period, make cosmetic Alterations as Tenant may thereafter send to Landlord a second written requesting approval of reasonably deem desirable or necessary (the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response PeriodCosmetic Alterations”), without Landlord’s consent, provided that such Alterations (i) are not visible from outside of the Premises; (ii) do not affect the Building’s structure or any Building System; (iii) do not trigger any legal requirement which would require any alteration or improvements to the Building or Project; (iv) do not, in the aggregate, exceed $[***] (for Alterations other than floor and wall covering) in any twelve (12) month period; and (v) do not require any license, permit or approval under applicable Law and do not result in the voiding of Landlord’s insurance, the increasing of Landlord’s insurance risk or the disallowance of sprinkler credits. Tenant shall give Landlord at least ten (10) days prior written notice of such Cosmetic Alterations, which notice shall be deemed to have elected to consent to accompanied by reasonably adequate evidence that such changes meet the proposed Alterationforegoing criteria. Except as otherwise provided, provided Tenant the term “Alterations” shall otherwise have complied with all provisions of this Lease relating to such include Cosmetic Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “.

Appears in 1 contract

Samples: Office Lease (Biodesix Inc)

Tenant’s Alterations. (aA) The construction Tenant shall not make or perform, or permit the making or performance of, any alterations, installations, improvements, additions or other physical changes (except decorative changes) in or about the demised premises (collectively, "Alterations") without Landlord's prior consent. Landlord agrees not to unreasonably withhold its consent to any Alterations which are nonstructural or for the staircases between Tenant's floors, or which do not affect the Building's systems and facilities proposed to be made by Tenant to adapt the demised premises for those business purposes permitted by Article 2 hereof, provided that such Alterations, do not affect any part of the initial Leasehold Improvements (Building other than the demised premises or for the staircases between Tenant's floors, do not adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building and do not reduce the value or utility of the Building. Except as defined in Exhibit Cotherwise provided herein, all Alterations(including the staircases and bathrooms located on Tenant's floors) shall be governed done at Tenant's expense and at such times and in such manner as Landlord may from time to time reasonably designate pursuant to the conditions for Alterations prescribed by Landlord for the terms Building and shall comply with all laws, ordinances, orders, rules and regulations of Exhibit C attached hereto each and made a part hereofevery department and bureau of the City and State of New York and of the United States of America, and any other lawful authority asserting jurisdiction in the premises, including, but not limited to, compliance with the Americans With Disabilities. Act of 1990, as same may be amended from time to time ("ADA") and shall reimburse Landlord for any reasonable expenses incurred on account of the failure by Tenant to comply with any such requirements and promptly after completion of any work Tenant shall obtain and furnish to Landlord all required sign-offs, and any reasonable expenses so incurred by Landlord as aforesaid shall be deemed additional rent under this Lease and due and payable by Tenant to Landlord on the first day of the month immediately following the payment and request of the same by Landlord. Except for the Leasehold Improvements and as otherwise set forth belowabove, it shall be Landlord's responsibility to comply with ADA as same relates to access to the Building and the common areas of the Building. Prior to making any Alterations, Tenant (i) shall submit to Landlord detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi- governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) Re: 18th, 19th, 20th, 21st and Xxxxxxxxx Xxxxxx 0 Xxxx 00xx Xxxxxx insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof and shall, within thirty (30) days of such completion, deliver a set of final "as built" drawings to Landlord reflecting the Alteration. All Alterations shall be made and performed in accordance with the Rules and Regulations; all materials and equipment to be incorporated in the demised premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. Tenant shall not, and shall not permit at any Tenant Agent totime prior to or during the Term, cut, drill intodirectly or indirectly employ, or secure permit the employment of, any fixturecontractor, apparatusmechanic or laborer in the demised premises, whether in connection with any Alteration or equipmentotherwise, if, in Landlord's sole discretion, such employment will interfere or make alterationscause any conflict with other contractors, improvementsmechanics or laborers engaged in the construction, maintenance or physical additions operation of the Building by Landlord, Tenant or others. In the event of any kind to any part of the Premises (collectivelysuch interference or conflict, “Alterations”) without first obtaining the written consent Tenant, upon demand of Landlord, which consent shall not be unreasonably withheldcause all contractors, conditionedmechanics or laborers causing such interference or conflict to leave the Building immediately. Notwithstanding anything contained herein to the contrary, or delayed. If Landlord fails Landlord's approval to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request Tenant's plans and specifications shall be deemed denied. Notwithstanding the foregoing, granted if Landlord fails to respond within seven (7) business days after submission of complete plans and specifications, provided that along with such 10 business-day periodcomplete submission for approval, Tenant may thereafter send notifies Landlord, in writing, using bold lettering that Landlord's failure to Landlord a second written requesting respond within seven (7) business days will be deemed approval of the proposed Alteration, which request must set forth in bold submitted plans and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “specifications.

Appears in 1 contract

Samples: Mounger Corp

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall notnot make any additions, and shall not permit any Tenant Agent to, cut, drill intoalterations, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to any part of improvements (the Premises (collectively, “Alterations”) to the Premises without first obtaining the written prior consent of Landlord, which consent shall be requested by Tenant at least thirty (30) days prior to the commencement of any work and such request for consent shall include (A) Tenant’s proposed plans and specifications for the Alterations, (B) a detailed critical path construction schedule containing the major components of the Alterations and the time required for each, including the scheduled construction commencement date, milestone dates and the estimated completion date, (C) an itemized statement of estimated construction costs, including fees for permits and architectural and engineering fees, (D) evidence satisfactory to Landlord of Tenant’s ability to pay the cost of the Alterations, (E) the names and addresses of Tenant’s contractors (and said contractors’ subcontractors) and materialmen to be engaged by Tenant for the Alterations (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”); however, Landlord may designate a list of approved contractors for any portions of the Alterations involving the Building’s structure or the Building Systems, from which Tenant must select its contractors for such portions of the Alterations (“Approved Contractors”), and (F) certificates of insurance, evidencing the insurance required under this Article 11. Landlord’s consent to the Alterations (and Landlord’s approval of Tenant’s plans and specifications therefor) shall not be unreasonably withheld, conditionedconditioned or delayed and any changes or modifications to the Alterations or such plans or specifications thereafter shall require Landlord’s approval (which shall not be unreasonably withheld). Landlord’s review and approval of the plans and specifications for the Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed deniedcompliance with all Laws. Notwithstanding the foregoing, if Landlord fails Tenant shall have the right during the Term to respond within such 10 business-day period, make cosmetic Alterations as Tenant may thereafter send to Landlord a second written requesting approval of reasonably deem desirable or necessary (the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response PeriodCosmetic Alterations”), without Landlord’s consent, provided that such Alterations (i) are not visible from outside of the Premises; (ii) do not affect the Building’s structure or any Building System; (iii) do not trigger any legal requirement which would require any alteration or improvements to the Building or Project; (iv) do not, in the aggregate, exceed $5,000 (for Alterations other than floor and wall covering) in any twelve (12) month period; and (v) do not require any license, permit or approval under applicable Law and do not result in the voiding of Landlord’s insurance, the increasing of Landlord’s insurance risk or the disallowance of sprinkler credits. Tenant shall give Landlord at least ten (10) days prior written notice of such Cosmetic Alterations, which notice shall be deemed to have elected to consent to accompanied by reasonably adequate evidence that such changes meet the proposed Alterationforegoing criteria. Except as otherwise provided, provided Tenant the term “Alterations” shall otherwise have complied with all provisions of this Lease relating to such include Cosmetic Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “.

Appears in 1 contract

Samples: Office Lease (HF Enterprises Inc.)

Tenant’s Alterations. (aA) The construction Tenant shall not make or perform, or permit the making or performance of, any alterations, installations, improvements, additions or other physical changes in or about the demised premises (collectively, "Alterations") without Landlord's prior consent, which will not be unreasonably withheld provided that such Alterations are performed only by contractors or mechanics first approved by Landlord (which approval will not be unreasonably withheld), do not materially and adversely affect any part of the initial Leasehold Improvements Building other than the demised premises (including, without limitation, the exterior thereof), do not materially and adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building and do not reduce the value or utility of the Building. All Alterations shall be done at Tenant's expense and at such times and in such manner as defined in Exhibit CLandlord may from time to time reasonably designate pursuant to the reasonable conditions for Alterations prescribed by Landlord for the Building ("Alteration Regulations"). Prior to making any Alterations, Tenant (i) shall submit to Landlord detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be governed employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof and shall, within thirty (30) days of such completion, deliver a set of final "as built" drawings to Landlord reflecting the terms Alteration. All Alterations shall be made and performed in accordance with the requirements of Exhibit C attached hereto this lease and made the Alteration Regulations. All materials and equipment to be incorporated in the demised premises as a part hereofresult of all Alterations shall be new and first quality. Except for the Leasehold Improvements and as otherwise set forth belowNo such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. Tenant shall not, and shall not permit at any Tenant Agent totime prior to or during the Term, cut, drill intodirectly or indirectly employ, or secure permit the employment of, any fixturecontractor, apparatusmechanic or laborer in the demised premises, whether in connection with any Alteration or otherwise, if, in Landlord's sole but good faith discretion, such employment will interfere or cause any conflict with other contractors, mechanics, or equipmentlaborers engaged in the construction, maintenance or make alterationsoperation of the Building by Landlord, improvements, Tenant or physical additions others. In the event of any kind to any part of the Premises (collectivelysuch interference or conflict, “Alterations”) without first obtaining the written consent Tenant, upon demand of Landlord, which consent shall not be unreasonably withheldcause all contractors, conditioned, mechanics or delayed. If Landlord fails laborers causing such interference or conflict to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, leave the request shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “Building immediately.

Appears in 1 contract

Samples: Agreement (Fibernet Telecom Group Inc\)

Tenant’s Alterations. (a) The construction Tenant shall not make or perform, or permit the making or performance of, any Alterations without Landlord’s prior consent, which shall not be unreasonably withheld or delayed. Notwithstanding the foregoing provisions of this subsection or Landlord’s consent to any Alterations, all Alterations made during the initial Leasehold Improvements (as defined in Exhibit C) Term shall be governed made and performed in conformity with and subject to the following provisions: (i) all Alterations shall be made and performed at Tenant’s sole cost and expense and at such time; (ii) all Alterations shall be made only by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth belowcontractors or mechanics approved by Landlord, Tenant shall not, and which approval shall not permit any Tenant Agent to, cut, drill into, be unreasonably withheld or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to delayed; (iii) no Alteration shall affect any part of the Building other than the Leased Premises or adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building; (collectively, “Alterations”iv) Tenant shall submit to Landlord reasonably detailed plans and specifications for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord’s approval of such plans and specifications, which approval will not be unreasonably withheld or delayed, but Landlord shall have the written right to withhold its consent to Alterations involving structural changes or changes affecting the Common Areas or the Building for any reason whatsoever; (v) all Alterations in or to the electrical facilities in or serving the Leased Premises shall be subject to the provisions of Section 5(b); (vi) notwithstanding Landlord’s approval of plans and specifications for any Alteration, all Alterations shall be made and performed in full compliance with all Legal Requirements and Insurance Requirements and in accordance with the Rules and Regulations; (vii) all materials and equipment to be incorporated in the Leased Premises as a result of all Alterations shall be of good quality; (viii) Tenant shall require any contractor performing Alterations to carry and maintain at all times during the performance of the Alterations, at no expense to Landlord, (I) a policy of Commercial General Liability Insurance, including contractor’s liability coverage, completed operations coverage and contractor’s protective liability coverage, naming Landlord and (at Landlord’s request) the Additional Insureds, as additional insureds, with such policy to afford protection to the limit of not less than Three Million Dollars ($3,000,000) combined single limit annual aggregate for bodily injury, death and property damage, and (II) workmen’s compensation or similar insurance in the form and amounts required by the laws of the jurisdiction in which consent the Building is located; and (ix) Tenant shall carry (or shall cause its contractor to carry) at all times during the performance of the Alterations, at no expense to Landlord, a policy of Builders Risk Insurance written on the Completed Value Form covering the Alterations in an amount equal to one hundred percent (100%) of the replacement cost thereof. In the event of any dispute between the parties as to whether or not Landlord has acted reasonably in any case with respect to which Landlord is required, pursuant to the provisions of this subsection (a) to do so, Tenant’s sole remedy shall be to submit such dispute to arbitration pursuant to Section 28. If the determination in any such arbitration shall be adverse to Landlord, Landlord nevertheless shall not be unreasonably withheld, conditioned, or delayed. If Landlord fails liable to respond to a request Tenant for consent to a proposed Alteration within 10 business days after breach of Landlord’s receipt of covenant to act reasonably, and Tenant’s sole remedy in such request, the request event shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of proceed with the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “.

Appears in 1 contract

Samples: Lease Agreement (Fidelity & Guaranty Life)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (Except as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth belowhereafter provided, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make no alterations, improvements, additions or physical additions of any kind to any part of the Premises improvements (collectively, Tenant Alterations”) to the Leased Space without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. Tenant Alterations contemplated by Tenant, the location, plans and specifications for which shall be subject to Landlord’s consent, not to be unreasonably withheld, delayed or conditioned, or delayedmay include a generator and diesel tank on the Land and connections to the Building, a data line to the Building, and additional HVAC for a data room. If Landlord fails The data line may require Tenant to respond to a request for consent to a proposed Alteration within 10 business days after excavate the lawn, parking area, driveway and/or roadway, which will be done in accordance with Landlord’s receipt reasonable requirements to minimize disturbance to other parties, and which shall require Tenant at its expense to restore any areas disturbed promptly following installation of the data line. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such request, the request designation in Landlord’s written consent shall be deemed deniedLandlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Notwithstanding Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, taking into consideration the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval nature of the proposed Tenant Alteration, which request must set forth including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in bold connection with such work, insurance, and 14-point capitalized type on copies of the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”)plans, specification and permits necessary for such work. If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”)Nothing herein, Landlord however, shall be deemed construed to have elected obligate Tenant to consent to the proposed Alteration, provided construct any Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Alteration for which Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “has given its consent.

Appears in 1 contract

Samples: Viropharma Inc

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill intomake, or secure suffer to be made, any fixture, apparatus, alteration or equipment, or make alterations, improvements, or physical additions of any kind addition to any part of the Premises (collectively, “Alterations”) ), or any part thereof, without first obtaining the Landlord’s prior written consent and delivering to Landlord the proposed architectural and structural plans for all such Alterations at least fifteen (15) days prior to the start of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed deniedconstruction. Notwithstanding the foregoing, if Tenant shall be entitled without obtaining Landlord’s consent, to make any Alterations which (i) do not affect the structure of the Building, and (ii) cost does not exceed Fifty Thousand Dollars ($50,000.00) per alteration nor an aggregate of One Hundred Thousand Dollars ($100,000.00) in any twelve (12) month period. If such Alterations affect the structure of the Building, Tenant additionally agrees to reimburse Landlord fails its reasonable out-of-pocket costs incurred in reviewing Tenant’s plans not to respond exceed $1,000 per alteration. Upon the request of Tenant, Landlord shall, within such 10 businessthe 15-day period, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies advise Tenant in writing within as to whether Landlord shall require removal of an Alteration in question upon the Second expiration or earlier termination of the Lease Term. After obtaining Landlord’s consent, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits, and in the event the total estimated cost of the Alteration Request Response Period that exceeds $100,000 provides Landlord requires additional reasonable security, in form reasonably approved by Landlord, to protect Landlord against mechanics’ lien claims. Tenant agrees to provide Landlord (i) written notice of the anticipated and actual start-date of the work, (ii) a complete set of half-size (15” X 21”) vellum as-built drawings, and (iii) a certificate of occupancy for the work upon completion of the Alterations. All Alterations shall be constructed by a licensed general contractor in compliance with all applicable building codes and laws including, without limitation, the Americans with Disabilities Act of 1990 as amended from time to review time. Upon the requestExpiration Date, then all Alterations, except movable furniture and trade fixtures, shall become a part of the Second Alteration Request Response Period realty and belong to Landlord but shall nevertheless be subject to removal by Tenant as provided in Section 6 above. Alterations which are not deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, walls, carpeting, or any other installation which has become an integral part of the Premises. All Alterations shall be extended maintained, replaced or repaired by an additional 10 business days. “Tenant at its sole cost and expense.

Appears in 1 contract

Samples: Netflix Inc

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill intomake or perform, or secure permit the making or performance of, any fixturealterations, apparatus, or equipment, or make alterationsinstallations, improvements, additions or other physical additions changes in or about the Premises (specifically including the installation of wiring, cabling or conduit of any type or kind whatsoever), other than routine decorating or hanging of artwork, (referred to collectively as "Alterations") without Landlord's prior consent. Within thirty (30) days after Landlord receives Tenant's request for approval of an Alteration, together with the plans and the identity of the contractors to perform the Alterations, Landlord shall give Tenant a notice of its approval or disapproval of Tenant's request. Notwithstanding the foregoing provisions of this Section or Landlord's consent to any Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions: (i) except as otherwise provided in Section 13.1, all alterations shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Landlord may reasonably designate; (ii) Alterations shall be made only by contractors or mechanics reasonably approved by Landlord; (iii) no Alterations shall materially and adversely affect any part of the Premises Building or materially and adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building; (collectivelyiv) all business machines and mechanical equipment shall be placed and maintained by Tenant in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, “Alterations”noise and annoyance to other tenants or occupants of the Building; (v) Tenant shall (a) submit to Landlord reasonably detailed plans and specifications for each proposed Alteration and (b) not commence any such Alteration without first obtaining the written consent Landlord's approval of Landlordsuch plans and specifications, which consent shall approval will not be unreasonably withheld, conditioned, conditioned or delayed. If Landlord fails to respond to a request ; (vii) notwithstanding Landlord's approval of plans and specifications for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such requestany Alterations, the request all Alterations shall be deemed denied. Notwithstanding made and performed in full compliance with all Legal Requirements and in accordance with the foregoing, if Landlord fails Rules and Regulations; (viii) all materials and equipment to respond within such 10 business-day period, be incorporated in the Premises as a result of all Alterations shall be of reasonably good quality and the Alterations shall be performed in good and workmanlike manner; and (ix) Tenant may thereafter send shall require any contractor performing Alterations to Landlord a second written requesting approval carry and maintain at all times during the performance of the proposed Alterationwork, which request must set forth in bold at no expense to Landlord, (A) a policy of comprehensive public liability insurance, including contractor's liability coverage, contractual liability coverage, completed operations coverage, contractor's protective liability coverage and 14-point capitalized type on a broad form property damage endorsement, naming Landlord and (at Landlord's request) any Mortgagee of the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”Building and any management agent as additional insured(s). If Landlord then fails , with such policy to respond afford protection to the Second Alteration Request within 10 business days after receipt thereof limit of not less than Two Million and 00/100 Dollars (“Second Alteration Request Response Period”), Landlord shall be deemed $2,000,000.00) with respect to have elected bodily injury or death to consent any number of persons in any one accident and to the proposed Alterationlimit of not less than One Million and 00/100 Dollars ($1,000,000.00) to damage to the property of any one owner from one occurrence, provided Tenant shall otherwise have complied with all provisions and (B) workmen's compensation or similar insurance in the form and amounts required by the laws of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “Commonwealth of Virginia.

Appears in 1 contract

Samples: Proxicom Inc

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, 12.1 ALTERATIONS Tenant shall not, and shall not permit make any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvementsadditions, modifications or physical additions improvements ("Alterations") to the Demised Premises which Alterations cost in excess of any kind to any part of $100,000.00, in the Premises (collectivelyaggregate, “Alterations”) without first obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, withheld or delayed. If such Alterations require consent by or notice to the holder of any mortgage on the Demised Premises, Tenant, notwithstanding anything to the contrary contained in this Article, shall not proceed with the Alterations until such consent has been received, or such notice has been given, as the case may be, and all applicable conditions and provisions of any such mortgage with respect to the proposed Alterations have been met or complied with at Tenant's expense; and Landlord, if it consents to the Alterations, will request such consent or give such notice, as the case may be. Landlord fails will not unreasonably withhold its consent with respect only to respond nonstructural Alterations which do not modify the exterior of the Building, do not adversely affect the architectural design or systems as described in Section 11.1, will not result in a violation of or require a change in any certificate of occupancy applicable to a request the Demised Premises, and do not involve any demolition work or which do not change the character of the Demised Premises. Tenant shall notify Landlord in writing and obtain prior written consent of Landlord for consent any Alterations which involve asbestos-based fire retardants, ceiling tiles, pipes or other asbestos-containing materials. All alterations made by Tenant to a proposed Alteration within 10 business days after Landlord’s receipt the Demised Premises, other than Tenant's trade fixtures, shall become the property of Landlord and shall remain upon and be surrendered with the Demised Premises at the termination of this Lease, without molestation or injury unless Landlord consents in writing to Tenant's removal of such requestalterations and Tenant repairs any damage or injury caused thereby in a good and workmanlike manner. Notwithstanding anything to the contrary herein, Landlord, at its option, may at the expiration of the Lease Term require Tenant, at Tenant's sole cost and expense, to remove any Alterations (other than Tenant's trade fixtures) made by Tenant during the Lease Term and to promptly repair any damage or injury caused thereby in a good and workmanlike manner. All alterations made by Tenant or the removal thereof shall be made free of all liens and encumbrances and in compliance with all Laws and Restrictions. Tenant, at its expense, shall (a) obtain all necessary governmental permits and certificates for the commencement and prosecution of the Alterations and for final approval thereof upon completion, (b) deliver copies thereof to Landlord, and (c) cause the Alterations to be performed in compliance therewith and in compliance with all insurance requirements and all applicable requirements of mortgagees, and in good and first class workmanlike manner, using materials and equipment at least equal in quality and class to the original installations of the Demised Premises. Notwithstanding anything to the contrary contained in this Lease, Tenant, at its expense, after reasonable prior notice to Landlord, may contest, by appropriate proceedings prosecuted diligently and in good faith, the request validity or applicability of any lien filed against the Demised Premises, provided that: (i) Landlord shall not be subject to criminal penalty or to prosecution for a crime, nor shall the Demised Premises or any part thereof be subject to being condemned or vacated, nor shall the certificate(s) of occupancy for the Demised Premises be suspended or threatened to be suspended by reason of such contest; (ii) before the commencement of such contest, Tenant shall provide Landlord, each superior lessor and superior mortgagee, any managing agent of Landlord, and their respective officers, directors, shareholders, beneficiaries, partners, representatives, agents and employees with an indemnity reasonably satisfactory to such parties against the cost of liability resulting from or incurred in connection with such contest; (iii) such contest shall not constitute or result in any violation of the terms of any superior lease or superior mortgage, or if any such superior lease and/or superior mortgage shall condition such contest upon the taking of action or furnishing of security by Landlord, such action shall be deemed deniedtaken and such security shall be furnished at the expense of Tenant; and (iv) Tenant shall keep Landlord regularly advised as to the status of such proceedings. Notwithstanding Without limiting the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval application of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”)above, Landlord shall be deemed subject to have elected to consent to prosecution for a crime if Landlord, superior lessor, superior mortgagee or any of their officers, directors, partners, shareholders, agents or employees may be charged with a crime of any kind whatever. Pending the proposed Alterationresolution of such contest, provided Tenant shall otherwise have complied with all provisions be required to post a bond in the amount required to discharge such lien. Tenant shall indemnify, defend and hold Landlord harmless from and against any such liens, encumbrances and violations of Laws and Restrictions or claims relating thereto. The existence of any lien or encumbrance or without the posting of a bond insuring against collection of the same from Demised Premises, violation of Laws or Restrictions, shall constitute a default hereunder. The repair obligations of Tenant hereunder shall survive the termination of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “Lease.

Appears in 1 contract

Samples: And Option Agreement (Ha Lo Industries Inc)

Tenant’s Alterations. (a) The construction Construction by Tenant of the initial Leasehold Improvements (as defined in Exhibit C) Tenant's Alterations shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, following: A. Tenant shall notnot construct any Tenant's Alterations or otherwise alter the Premises without Landlord's prior written approval. Tenant shall be entitled, without Landlord's prior approval, to make Tenant's Alterations (i) which do not affect the structural or exterior parts or water tight character of the Building, and shall not permit any Tenant Agent to(ii) the reasonably estimated cost of which, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions plus the original cost of any kind to any part of the Premises removed or materially altered in connection with such Tenant's Alterations, together do not exceed the Permitted Tenant Alterations Limit specified in Section O of the Summary per work of improvement. In the event Landlord's approval for any Tenant's Alterations is required, Tenant shall not construct the Leasehold Improvement until Landlord has approved in writing the plans and specifications therefore, and such Tenant's Alterations shall be constructed substantially in compliance with such approved plans and specifications by a licensed contractor first approved by Landlord. All Tenant's Alterations constructed by Tenant shall be constructed by a licensed contractor in accordance with all Laws using new materials of good quality. B. Tenant shall not commence construction of any Tenant's Alterations until (collectivelyi) all required governmental approvals and permits have been obtained, “Alterations”(ii) without first obtaining the all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant has given Landlord at least five days' prior written consent notice of its intention to commence such construction, and (iv) if reasonably requested by Landlord, which consent Tenant has obtained contingent liability and broad form builders' risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. C. All Tenant's Alterations shall remain the property of Tenant during the Lease Term but shall not be unreasonably withheldaltered or removed from the Premises. At the expiration or sooner termination of the Lease Term, conditioned, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request all Tenant's Alterations shall be deemed deniedsurrendered to Landlord as part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that if Landlord requires Tenant to remove any Tenant's Alterations, Tenant shall so remove such Tenant's Alterations prior to the expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, if Tenant shall not be obligated to remove any Tenant's Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord fails to respond within such 10 business-day periodthe installation of the Leasehold Improvement in question; (ii) at the time Tenant requested Landlord's approval, Tenant may thereafter send requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to Landlord a second written requesting approval remove such Leasehold Improvement at the expiration of the proposed AlterationLease Term; and (iii) at the time Landlord granted its approval, which request must set forth in bold and 14-point capitalized type on it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the first page thereof expiration of the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”)Lease Term. If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “5.3

Appears in 1 contract

Samples: Lease (Proxim Wireless Corp)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit make any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, additions or other physical additions of any kind to any part of changes in or about the Premises (collectively, “Alterations”) (other than decorative Alterations such as painting, wall coverings and floor coverings (collectively, “Decorative Alterations”)) without first obtaining Landlord’s prior written consent. Landlord shall not unreasonably withhold its consent for normal and customary alterations typically made by office tenants in Comparable Buildings, provided that (i) such Alterations are non-structural, do not affect any Building Systems and do not tie into the written consent backup generator, supplemental cooling unit or uninterruptible power supply serving the Building, (ii) [Intentionally Omitted], (iii) such Alterations affect only the Premises and are not visible from outside of the Premises, (iv) such Alterations do not invalidate or violate the non-residential use permit issued for the Building or the Premises, (v) such Alterations do not violate any Requirement, and (vi) prior to the Expiration Date, Tenant shall, unless otherwise directed by Landlord, which consent shall not be unreasonably withheldat Tenant’s expense, conditioned, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to remove any such Alterations. Notwithstanding the foregoing, if at the time Tenant requests Landlord’s consent for any such Alteration, Tenant may, by written notice to Landlord, request Landlord’s written decision as to whether Landlord notifies shall require Tenant in writing within to remove such Alteration at the Second Alteration Request Response Period that Landlord requires additional time to review end of the requestTerm, then the Second Alteration Request Response Period which decision shall be extended irrevocable and shall be promptly given. Subject to the provisions of Section 5.3, Tenant shall repair and restore, in a good and workmanlike manner, any damage to the Premises or the Building caused by an additional 10 business days. “Tenant’s removal of any such Alterations, and upon default thereof, Tenant shall reimburse Landlord for Landlord’s actual cost of repairing and restoring such damage.

Appears in 1 contract

Samples: Sublease (K12 Inc)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill intomake or perform, or secure permit the -------------------- making or performance of, any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to any part of the Premises (collectively, “Alterations”) Alterations without first obtaining the written consent of Landlord's prior consent, which consent approval shall not be unreasonably withheld, delayed or conditioned, or delayed. If Within thirty (30) days after Landlord fails to respond to a receives Tenant's request for consent approval of an Alteration, together with the plans and the identity of the contractors to perform the Alterations, Landlord shall give Tenant a proposed Alteration within 10 business days after Landlord’s receipt notice of such its approval or disapproval of Tenant's request, the request shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all foregoing provisions of this Lease relating Section or Landlord's consent to any Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions: (i) except as otherwise provided in Section 13.1, all Alterations shall be made and performed at Tenant's sole cost and expense and at such Alterations. Notwithstanding time and in such manner as Landlord may reasonably designate; (ii) Alterations shall be made only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld; (iii) no Alterations shall materially and adversely affect any part of the foregoing, if Building or adversely affect any service required to be furnished by Landlord notifies to Tenant or to any other tenant or occupant of the Building; (iv) all business machines and mechanical equipment shall be placed and maintained by Tenant in writing within settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, noise and annoyance to other tenants or occupants of the Second Building; (v) Tenant shall (a) submit to Landlord reasonably detailed plans and specifications for each proposed Alteration Request Response Period that Landlord requires additional time to review the requestand (b) not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, then the Second Alteration Request Response Period which approval will not be unreasonably withheld, conditioned or delayed; (vii) notwithstanding Landlord's approval of plans and specifications for any Alterations, all Alterations shall be extended made and performed in full compliance with all Legal Requirements and in accordance with the Rules and Regulations; (viii) all materials and equipment to be incorporated in the Premises as a result of all Alterations shall be of reasonably good quality and the Alterations shall be performed in a good and workmanlike manner; and (ix) Tenant shall require any contractor performing Alterations to carry and maintain at all times during the performance of the work, at no expense to Landlord. (A) a policy of commercial general liability, contractual liability coverage, completed operations coverage, contractor's protective liability coverage and a broad form property damage coverage, naming Landlord and (at Landlord's request) any Mortgagee of the Building and any management agent as additional insured(s), with such policy to afford protection to the limit of not less than Two Million and 00/100 Dollars ($2,000,000.00) each occurrence, general aggregate and products/completed operations aggregate and (B) workers' compensation or similar insurance in the form and amounts required by an additional 10 business days. “the laws of the Commonwealth of Virginia.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Mantech International Corp)

Tenant’s Alterations. (a) The construction Tenant shall have the right, without Landlord’s prior written consent, but upon five (5) Business Days prior written notice to Landlord (which notice shall contain a description of the initial Leasehold Improvements contemplated work), to make cosmetic, non-structural additions and alterations, such as painting, wall coverings, floor coverings, cabling, minor electrical installation and interior wall adjustments, to the Premises that (i) are reasonably estimated not to involve the expenditure of more than One Hundred Thousand and No/100 Dollars ($100,000.00) in the aggregate in any twelve (12) month period, and (ii) do not contain a Design Problem (defined below) (the foregoing additions and alterations described in this sentence are collectively referred to herein as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof“Decorative Alterations”). Except for the Leasehold Improvements and as otherwise set forth belowin connection with Decorative Alterations, Tenant shall not, and shall not permit make any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, additions or other physical additions of any kind to any part of changes in or about the Premises (collectively, “Alterations”) ), without first obtaining the Landlord’s prior written consent of Landlordconsent, which consent shall not be unreasonably withheld, conditioned, conditioned or delayed; provided, that it shall be deemed reasonable for Landlord to withhold its consent to any Alterations that contain a Design Problem. In the event that Landlord disapproves any of Tenant’s proposed Alterations, then Landlord shall deliver a notice to Tenant stating with particularity the reasons for its disapproving any such proposed Alterations. A “Design Problem” is defined as and will be deemed to exist if any Alterations (i) are structural or materially and adversely affect any Building Systems, (ii) are visible from outside of the Premises or affect the exterior appearance of the Building, (iii) adversely affect the certificate of occupancy issued for the Building, and/or (iv) violate any Requirement. Landlord shall grant or withhold its consent, in writing, to any proposed Alteration within ten (10) days following Landlord’s receipt of Tenant’s request for any such consent. If Landlord fails to respond to a request for provide such consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-ten (10) day period, and such failure continues for two (2) Business Days after Tenant may thereafter send to Landlord delivers a second written requesting approval of the proposed Alterationnotice to Landlord, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the any such proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “.

Appears in 1 contract

Samples: Agreement of Sublease (Sunrun Inc.)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill intomake or perform, or secure permit the making or performance of, any fixturealterations, apparatus, or equipment, or make alterationsinstallations, improvements, additions or other physical additions changes in or about the Premises (referred to collectively as "Alterations") without Landlord's prior consent. Within thirty (30) days after Landlord receives Tenant's request for approval of an Alteration, together with the plans and the identity of the contractors to perform the Alterations, Landlord shall give Tenant a notice of its approval or disapproval of Tenant's request. Notwithstanding the foregoing provisions of this Section or Landlord's consent to any kind Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions: (i) except as otherwise provided in Section 13.1, all alterations shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Landlord may reasonably designate; (ii) Alterations shall be made only by contractors or mechanics approved by Landlord, (iii) no Alterations shall materially and adversely affect any part of the Premises Building or adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building; (collectivelyiv) all business machines and mechanical equipment shall be placed and maintained by Tenant in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, “Alterations”noise and annoyance to other tenants or occupants of the Building; (v) Tenant shall (a) submit to Landlord reasonably detailed plans and specifications for each proposed Alteration and (b) not commence any such Alteration without first obtaining the written consent Landlord's approval of Landlordsuch plans and specifications, which consent shall approval will not be unreasonably withheld, conditioned, conditioned or delayed. If Landlord fails to respond to a request ; (vii) notwithstanding Landlord's approval of plans and specifications for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such requestany Alterations, the request all Alterations shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth made and performed in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied full compliance with all provisions of this Lease relating to such Alterations. Notwithstanding Legal Requirements and in accordance with the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “Rules and

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Versatility Inc)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill intomake, or secure suffer to be made, any fixture, apparatus, alteration or equipment, or make alterations, improvements, or physical additions of any kind addition to any part of the Premises (collectively, “Alterations”) ), or any part thereof, without first obtaining the Landlord’s prior written consent and delivering to Landlord the proposed architectural and structural plans for all such Alterations at least fifteen (15) days prior to the start of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed deniedconstruction. Notwithstanding the foregoing, if Tenant shall be entitled without obtaining Landlord’s consent, to make any Alterations which (i) do not affect the structure of the Building, and (ii) cost does not exceed Fifty Thousand Dollars ($50,000.00) per alteration nor an aggregate of One Hundred Thousand Dollars ($100,000.00) in any twelve (12) month period (such amounts to increase annually by any increase in the CPI). If such Alterations affect the structure of the Building, Tenant additionally agrees to reimburse Landlord fails its reasonable out-of-pocket costs incurred in reviewing Tenant’s plans not to respond exceed $1,000 per alteration. Upon the request of Tenant, Landlord shall, within such 10 businessthe 15-day period, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies advise Tenant in writing within as to whether Landlord shall require removal of an Alteration in question upon the Second expiration or earlier termination of the Lease Term. After obtaining Landlord’s consent, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits, and in the event the total estimated cost of the Alteration Request Response Period that exceeds $300,000 (such amount to increase annually by any increase in the CPI) provides Landlord requires additional reasonable security, in form reasonably approved by Landlord, to protect Landlord against mechanics’ lien claims. Tenant agrees to provide Landlord (i) written notice of the anticipated and actual start-date of the work, (ii) a complete set of half-size (15” X 21”) vellum as-built drawings, and (iii) a certificate of occupancy for the work upon completion of the Alterations, if applicable. All Alterations shall be constructed by a licensed general contractor in compliance with all applicable building codes and laws including, without limitation, the Americans with Disabilities Act of 1990 as amended from time to review time. Upon the requestExpiration Date, then all Alterations, except movable furniture, equipment and trade fixtures, shall become a part of the Second Alteration Request Response Period realty and belong to Landlord but shall nevertheless be subject to removal by Tenant as provided in Section 6 above. Alterations that are not deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, walls, carpeting, or any other installation that has become an integral part of the Premises. All Alterations shall be extended maintained, replaced or repaired by an additional 10 business days. “Tenant at its sole cost and expense.

Appears in 1 contract

Samples: Netflix Inc

Tenant’s Alterations. (a) The construction Tenant shall have the right, at is sole expense, from time to time, to redecorate the Premises and to make such alterations, additions, improvements and changes in such parts thereof as Tenant shall deem expedient or necessary for tits purposes, subject to Landlord’s prior approval; provided, however, that such alterations, additions, improvements and changes when completed shall neither impair the structural soundness nor diminish the value of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by Premises. Upon the terms expiration of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth belowthis Lease, Tenant may, at its option, remove all such redecorations, alteration, additions, improvements and changes. Tenant shall not, and shall not permit any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to any part of the Premises (collectively, “Alterations”) without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of repair all damage caused by such request, the request shall be deemed deniedremoval. Notwithstanding the foregoing, if all floor and wall coverings, sinks, vanities, light fixtures (other than special decorative lighting fixtures), and the complete electrical, plumbing, air conditioning and heating systems, including ducts, diffusers, grills, controls and all other equipment and parts related to such systems, shall be and remain in the Premises at all times for the benefit of Landlord. All such alterations, additions, or improvements shall be done in accordance with all applicable laws, rules regulations, and orders, including applicable building codes. Landlord fails shall execute and deliver upon request of Tenant such instrument or instruments embodying the approval of Landlord which may be required by any public or quasi public authority for the purpose of obtaining any licenses or permits for the making of such alterations, additions, improvements, changes and/or installations in, to respond within or upon said Premises and Tenant agrees to pay for such 10 business-day periodlicenses or permits. Tenant will indemnify and hold Landlord harmless from and against all claims by reason of such alterations, additions, or improvements which may be made by Tenant on the Premises, and Tenant shall promptly repair any damage to the Premises caused by any such alterations, additions, improvements, or changes. Anything contained in this Section to the contrary notwithstanding, Tenant may thereafter send shall not make changes to Landlord a second written requesting approval of the proposed Alterationexterior or structural portions for the Premises without Landlord’s prior approval, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord approval shall not be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “withheld or delayed unreasonably.

Appears in 1 contract

Samples: Lease (Oragenics Inc)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall notmake no alteration, and shall not permit any Tenant Agent to, cut, drill into, additions or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to any part of the Premises improvement (collectively, “Alterations”) to the Leased Space without first obtaining the consent of the Landlord, such consent not to be unreasonably withheld, conditioned or delayed. If Landlord consents to such Alterations it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all cost to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Alterations shall be done at Tenant’s expense by employees of or contractors hired by Landlord, except to the extent that Landlord gives prior written consent (such consent not to be unreasonably withheld, conditioned or delayed) to the Tenant to hire its own contractors. Upon execution of the construction contract(s) for the desired work, Tenant shall promptly pay Landlord, or to Tenant’s contractors, as the case may be, 50% of the cost of all such work, with the remainder to be paid upon substantial completion of such work. If Tenant’s contractor performs such work, Tenant shall pay to Landlord its then standard hourly rate for review and approval of plans and specifications relating thereto, which is currently $125 per hour. All Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and if performed by Tenant’s contractors hired with Landlord’s consent, with all reasonable requirements of Landlord imposed as a condition of such consent. Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are not visible from the Building exterior and (iii) the cost of which is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period), provided that Tenant shall provide Landlord with written notice thereof at least ten (10) days prior to commencement of work, accompanied by any plans and specifications required for the issuance of any building permits required for such work, and copies of such permits. Tenant Alterations described in this paragraph for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Notwithstanding anything herein to the contrary, Tenant shall have the right, at Tenant’s option, to install a security system or other access control system for the Leased Space, subject to Landlord’s review and approval of the placement of such system and the method of installation, which approval shall not be unreasonably withheld. All Alterations shall become a part of the Leased Space when made and shall remain upon and be surrendered with the Leased Space at the end of the term, conditionedprovided, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed denied. Notwithstanding the foregoinghowever, if prior to the installation of an Alteration, Landlord fails so directs by written notice to respond within such 10 business-day periodTenant, then upon termination of this Lease, Tenant may thereafter send shall promptly remove said Alteration which was so designated by Landlord in said written notice to Landlord a second written requesting approval of the proposed AlterationTenant. Tenant shall repair any damage occasioned by such removal, which request must set forth and, in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”)default thereof, Landlord may effect said removal and repairs at Tenant’s expense. Any property left in the Leased Space by the Tenant shall be deemed to have elected been abandoned; Landlord may dispose of such property at Tenant’s expense and without notice to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “Tenant.

Appears in 1 contract

Samples: Idera Pharmaceuticals, Inc.

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit make any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind structural changes to any part of the Premises (collectively, “Alterations”) without first obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned, or delayedand in no event shall such changes impair the structural soundness of the Building. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Tenant shall have the right, at its sole expense and without Landlord’s receipt prior written consent, to make such non-structural changes and to redecorate the Premises and make such alterations, additions, improvements and changes in such parts thereof as Tenant shall deem expedient or necessary for its purposes; provided, however, that such alterations, additions, improvements and changes when completed shall neither impair the structural soundness nor diminish the value of the Building. All alterations, additions, or improvements by Tenant shall be done in accordance with all applicable laws, rules, regulations, and orders, including applicable building codes including any and all restrictions and covenants of the Xxxxxx-Xxxxxxxxxx Counties Industrial Development Agency governing property and its location in the Xxxxxx-Xxxxxxxxxx Counties Industrial Development Agency’s Industrial Park. Tenant shall indemnify, defend and hold harmless Landlord with respect to any and all damages, fees and costs, including reasonable attorneys and consultants fees, with respect to any and all omissions, errors or failures to obtain any and all applicable and necessary permits, approvals and consents with respect to any alterations, additions and improvements and changes to the Premises made by Tenant. Landlord shall execute and deliver upon request of Tenant such instrument or instruments embodying the approval of Landlord which may be required by any public or quasi public authority for the purpose of obtaining any licenses or permits for the making of such requestalterations, additions, improvements, changes and/or installations in, to or upon said Premises. Upon the request expiration or termination of this Lease, as long as Tenant is not in default or otherwise obligated to Landlord for any reason, all such redecorations, alterations, additions, improvements and changes shall remain the property of Tenant and Tenant shall be deemed denied. Notwithstanding obligated to remove the foregoing, if Landlord fails same or any part thereof prior to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval the end of the proposed AlterationTerm and provided that Tenant, which request must set forth at its sole cost and expense, shall make any repairs occasioned by such removal. Any such redecorations, alterations, additions, improvements and changes not removed by Tenant shall, at Landlord’s option, become the property of Landlord or may be removed from the Premises by Landlord and any reasonable costs incurred by Landlord in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”)removing any of said property shall be paid by Tenant as additional rent. If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to no obligation or liability for any such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “property.

Appears in 1 contract

Samples: Lease With Option to Purchase (Delcath Systems Inc)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind Subject to any part of the Premises (collectively, “Alterations”) without first obtaining the Landlord’s prior written consent of Landlordapproval, which consent shall not be unreasonably withheld, conditionedTenant may make, at its expense, additional improvements or alterations to the Premises which it may deem necessary or desirable (“Alterations”). Provided that Tenant provides Landlord with notice prior to commencing such alterations and, provided further, that Tenant provides Landlord with as-built plans following completion of such alterations and reimburses Landlord for Landlord’s architect’s costs to update Landlord’s Building plans, Tenant shall have the right to make non-structural alterations that cost less than $25,000.00 as to each such alteration without Landlord’s prior written approval. Landlord’s approval to any Alterations may be withheld in Landlord’s reasonable discretion if such Alterations require any other alteration, addition, or delayedimprovement to be performed or made to any structural portion of the Building, any of the Building systems, or any portion of the Building other than the Premises, or if such Alterations do not conform to Landlord’s Building Standard Specifications (which will be provided to Tenant upon request). Any Alterations by Tenant shall be done at Tenant’s sole cost and expense and in compliance with all applicable laws, rules, and regulations (including, without limitation, the Americans with Disabilities Act of 1990 (the “ADA”) and Landlord’s construction rules and regulations) and in conformity with plans and specifications approved by Landlord. If Tenant and Landlord fails agree to respond to a request have Landlord contract directly for consent to a proposed Alteration the installation of the Alterations, Tenant shall reimburse Landlord for the costs of installation, as Additional Rent, within 10 business ten (10) days after Landlordof Tenant’s receipt of an invoice for such requestcosts and/or, the request shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day periodat Landlord’s election, Tenant may thereafter send shall deposit with Landlord prior to the commencement of installation of the Alterations up to 100% of the estimated costs of installation, which Landlord shall apply toward such costs upon completion of the Alterations, and (2) Tenant shall pay Landlord a second written requesting approval reasonable construction management fee (not to exceed four percent (4%) of the proposed Alterationtotal cost of designing and installing the Alterations, which request must set forth in bold inclusive of taxes, permit fees, design fees, and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”construction fees). If Landlord then fails does not elect to respond to contract directly for the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”)installation of the Alterations, Landlord such Alterations shall be deemed performed by a licensed contractor reasonably acceptable to have elected to Landlord; provided, however, Landlord’s consent to any Alterations, or Landlord’s approval of plans and specifications for such Alterations shall create no responsibility or liability on the proposed Alterationpart of Landlord for their completeness, provided design sufficiency, or compliance with all laws, rules, and regulations (including, without limitation, the ADA). If requested by Landlord, Tenant shall otherwise have complied post a bond or other security satisfactory to Landlord to protect Landlord against liens arising from work performed for Tenant. All work performed shall be done in a workmanlike manner and with all provisions materials of the quality and appearance as exist throughout the Building. Landlord may require Tenant to remove and restore any Alterations on the termination of this Lease relating in accordance with Section 13.2 below. Within thirty (30) calendar days following the completion of any Alterations, Tenant shall cause to such be prepared and delivered to Landlord, at Tenant’s expense, updated “as-built” drawings showing the Premises with the new Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “.

Appears in 1 contract

Samples: Office Lease Agreement (Concur Technologies Inc)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall notnot make any additions, and shall not permit any Tenant Agent to, cut, drill intoalterations, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to any part of improvements (the Premises (collectively, “Alterations”) to the Premises without first obtaining the written prior consent of Landlord, which consent shall be requested by Tenant at least thirty (30) days prior to the commencement of any work and such request for consent shall include (A) Tenant’s proposed plans and specifications for the Alterations, (B) a detailed critical path construction schedule containing the major components of the Alterations and the time required for each, including the scheduled construction commencement date, milestone dates and the estimated completion date, (C) an itemized statement of estimated construction costs, including fees for permits and architectural and engineering fees, (D) evidence satisfactory to Landlord of Tenant’s ability to pay the cost of the Alterations, (E) the names and addresses of Tenant’s contractors (and said contractors’ subcontractors) and materialmen to be engaged by Tenant for the Alterations (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”); however, Landlord may designate a list of approved contractors for any portions of the Alterations involving the Building’s structure or the Building Systems, from which Tenant must select its contractors for such portions of the Alterations (“Approved Contractors”), and (F) certificates of insurance, evidencing the insurance required under this Article 11. Landlord’s consent to the Alterations (and Landlord’s approval of Tenant’s plans and specifications therefor) shall not be unreasonably withheld, conditionedconditioned or delayed and any changes or modifications to the Alterations or such plans or specifications thereafter shall require Landlord’s approval (which shall not be unreasonably withheld). Landlord’s review and approval of the plans and specifications for the Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed deniedcompliance with all Laws. Notwithstanding the foregoing, if Landlord fails Tenant shall have the right during the Term to respond within such 10 business-day period, make cosmetic Alterations as Tenant may thereafter send to Landlord a second written requesting approval of reasonably deem desirable or necessary (the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response PeriodCosmetic Alterations”), without Landlord’s consent, provided that such Alterations (i) are not visible from outside of the Premises; (ii) do not affect the Building’s structure or any Building System; (iii) do not trigger any legal requirement which would require any alteration or improvements to the Building or Project; (iv) do not, in the aggregate, exceed $25,000 (for Alterations other than floor and wall covering) in any twelve (12) month period; and (v) do not require any license, permit or approval under applicable Law and do not result in the voiding of Landlord’s insurance, the increasing of Landlord’s insurance risk or the disallowance of sprinkler credits. Tenant shall give Landlord at least ten (10) days prior written notice of such Cosmetic Alterations, which notice shall be deemed to have elected to consent to accompanied by reasonably adequate evidence that such changes meet the proposed Alterationforegoing criteria. Except as otherwise provided, provided Tenant the term “Alterations” shall otherwise have complied with all provisions of this Lease relating to such include Cosmetic Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “.

Appears in 1 contract

Samples: Office Lease (iPic Entertainment Inc.)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit make any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, additions or physical additions of any kind improvements to any part of the Demised Premises (collectively, “Alterations”) without first obtaining the prior written consent of Landlord, except for the work described in EXHIBIT C, if any, and the installation of unattached, movable trade fixtures which consent may be installed without drilling, cutting or otherwise defacing the Demised Premises. All alterations, additions, improvements and fixtures (other than Tenant's unattached, readily movable furniture and office equipment) which may be made or installed by either party upon the Demised Premises shall remain upon and be surrendered with the Demised Premises and become the property of Landlord at the termination of this Lease without credit or compensation; provided, however, if Landlord requests their removal, Tenant shall remove the same and restore the Demised Premises to their original condition at Tenant's expense. Subject to the provisions of Section 20.1, upon the termination of this Lease, Tenant shall, at Tenant's expense, remove all of its unattached, movable trade fixtures from the Demised Premises and repair any damage occasioned by such removal. Any such trade fixtures or other property of Tenant not be unreasonably withheld, conditioned, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request so removed shall be deemed deniedabandoned by Tenant, and Landlord, at Landlord's option, shall have the right to retain all or any part of such property, in such property, in which event title thereto shall thereupon vest Landlord, or remove from the Demised Premises and dispose of in any manner all or any part of such property, in which latter event Tenant shall pay to Landlord as additional Rent within ten (10) days of demand the actual expense of such removal and disposition and the actual expense of repair of any damage to the Demised Premises resulting from or caused by such removal. Notwithstanding The obligations of this Section 9.1 shall survive the foregoing, if Landlord fails to respond within such 10 business-day periodtermination of this Lease. At the termination of this Lease, Tenant may thereafter send shall remove Tenant's signs and shall restore the face brick to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold its original condition at Tenant's sole cost and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “expense.

Appears in 1 contract

Samples: Center Lease Agreement (Cd Warehouse Inc)

Tenant’s Alterations. (a) The construction of Tenant, at its own expense, may, from time to time, make alterations and improvements in the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to any Building constituting part of the Premises (collectivelyPremises, “Alterations”) but shall make no additions or alterations to the Building without first obtaining the prior written consent of LandlordLandlord (except as otherwise provided herein), which consent shall not be unreasonably withheld, conditioned, or delayed. If ; provided, however, that Landlord fails shall not have any obligation to respond to a request for consent to any alterations or improvements which affect the structural aspect of the Building. Any alterations or improvements shall be conducted by Tenant in accordance with all applicable building codes, in a proposed Alteration good and workmanlike manner, and at Tenant's sole cost and expense, and Tenant shall and hereby agrees to indemnify Landlord and to hold Landlord harmless from and against any third-party claims arising out of any failure on the part of Tenant to construct any such alterations and improvements in such fashion and any mechanics' liens arising out of the construction of any such alterations or improvements that are not removed or bonded around within 10 business thirty (30) days after Landlord’s of Tenant's receipt of such requestnotice of same, pursuant to the request shall be deemed deniedapplicable provisions of this Lease. Notwithstanding anything to the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must contrary set forth in bold this Paragraph 11, Tenant may, from time to time during the Lease Term, at Tenant's sole cost, and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” after giving Landlord at least thirty (“Second Alteration Request”). If Landlord then fails 30) days' prior notice of its intention to respond do so, make such alterations, additions and changes in and to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”)interior of the Premises as Tenant may find necessary or convenient on condition that such alteration, Landlord shall addition, or change does not cause a Design Problem, as defined below. A "Design Problem" is defined as, and will be deemed to have elected exist if such alteration, addition, or change is reasonably likely to consent (i) affect the exterior appearance of the Building; (ii) materially adversely affect the Building structure; (iii) materially adversely affect the Building systems; or (iv) fail to comply with applicable laws. Further, notwithstanding anything in this Lease to the proposed Alterationcontrary, provided Tenant shall otherwise have complied with all provisions the right, without Landlord's consent but upon five (5) business days prior notice to Landlord, to make strictly cosmetic, non-structural alterations, additions, or alterations to the Premises ("Cosmetic Alterations") that do not (i) affect the exterior appearance of this Lease relating to such Alterations. Notwithstanding the foregoingPremises or Building, if Landlord notifies Tenant in writing within or (ii) affect the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “Building's mechanical systems.

Appears in 1 contract

Samples: Lease (Beyond Meat, Inc.)

Tenant’s Alterations. (a) The construction Tenant shall have the right, at its sole expense, from time to time, to redecorate the Premises and to make such interior, nonstructural alterations, additions, improvements and changes in such parts thereof as Tenant shall deem expedient or necessary for its purposes; provided, however, that such alterations, additions, improvements and changes when completed shall neither impair the structural soundness nor diminish the value of the initial Leasehold Improvements (as defined Building. Anything contained in Exhibit C) shall be governed by this Section 7.3 to the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth belowcontrary notwithstanding, Tenant shall notnot make changes to the structural portions of the Premises without Landlord's prior written approval, and which approval may not be unreasonably withheld or delayed. If Tenant shall not permit desire to make any Tenant Agent toalterations, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterationsadditions, improvements, or physical additions of any kind changes for which Landlord's prior consent is required as provided herein, Tenant shall deliver written notice thereof to any part of the Premises Landlord, and within twenty (collectively, “Alterations”20) without first obtaining the days thereafter Landlord shall deliver written consent notice to Tenant of Landlord, which consent shall not be unreasonably withheld, conditioned, 's approval or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt disapproval of such request, the request shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond If Tenant does not receive such written notice within such 10 business-twenty (20) day period, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent approved such request. Upon the expiration of this Lease, Tenant may, at its option, prior to the proposed Alterationexpiration of this Lease, remove all such redecorations, alterations, additions, improvements and changes; provided that Tenant shall otherwise (a) repair any damage to the Premises caused by such removal and (b) restore the Premises to the condition existing prior to the performance of such redecorations, alterations, additions or improvements, reasonable wear and tear, damage and destruction (which shall be governed by Article XV hereof), condemnation, repairs required by the acts or omissions of Landlord, its agents, employees, or independent contractors excepted. If the Landlord desires to have complied with all provisions of this Lease relating to the Tenant remove any such Alterations. Notwithstanding the foregoingredecorations, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the requestalterations, additions, improvements and changes, then the Second Alteration Request Response Period Landlord will so notify the Tenant within thirty days after the termination of possession of the Premises by the Tenant, in which event the Tenant shall remove the items specified by the Landlord, and Tenant shall (a) repair any damage to the Premises caused by such removal and (b) restore the Premises to the condition existing prior to the performance of such redecorations, alterations, additions or improvements, reasonable wear and tear, condemnation, repairs required by the acts or omissions of Landlord, its agents, employees, or independent contractors excepted. The Landlord will only have the right to require the Tenant to remove the following categories of items installed by the Tenant: (i) any items where the aggregate cost of removal and restoration of the damage caused by such repair will exceed the sum of Fifty Thousand Dollars ($50,000.00), (ii) trade fixtures of the Tenant and (iii) equipment of the Tenant. All such alterations, additions, or improvements shall be extended done in accordance with all applicable laws, rules, regulations, and orders, including applicable building codes; provided, however, that if any such applicable laws, rules, regulations, orders, or building codes shall require any alterations, additions, or improvements to portions of the Premises as a result of (a) the failure of the Premises, as of the Date of Occupancy, to comply with such laws, rules, regulations, orders, or building codes or (b) Landlord's failure to perform its obligations related to the Premises as set forth in this Lease or (c) any environmental condition existing in the Premises as of the Date of Occupancy, Landlord, at its sole cost and expense, shall perform such alterations, additions, or improvements. Landlord shall execute and deliver upon request of Tenant such instrument or instruments embodying the approval of Landlord which may be required by an additional 10 business days. “any public or quasi public authority for the purpose of obtaining any licenses or permits for the making of such alterations, additions, improvements, changes and/or installations in, to or upon said Premises.

Appears in 1 contract

Samples: Lease (American Architectural Products Corp)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not make or permit to be made any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, additions or physical additions of any kind to any part of the Premises improvements (singularly and collectively, “Alterations”) to the premises (whether to the existing premises or the expansion premises), or any part thereof, without first obtaining the prior written consent of Landlord in each instance. Landlord will not unreasonably withhold or delay its consent to any Alterations; provided, however, that all such Alterations shall satisfy and be subject to all of the following conditions: (i) the Alterations will be nonstructural and will not impair or otherwise materially affect the structural components of the building or any part thereof; (ii) the Alterations will be to the interior of the premises and will not materially affect any part of the building outside of the premises or affect the outside appearance of the building; (iii) the Alterations will not affect the proper functioning of the building’s mechanical, electrical, plumbing or life safety systems or any other utilities, systems and services of the building, or materially increase the usage thereof; provided, however, that this subpart (iii) shall not be construed to preclude Tenant, subject to Landlord, ’s prior written consent (which consent shall not be unreasonably withheld, conditioned, withheld or delayed), from upgrading or supplementing such systems, utilities and/or services; (iv) Landlord will have approved the final plans and specifications for the Alterations, any subsequent changes thereto, and all contractors and subcontractors who will perform them, which approval shall not be unreasonably withheld or delayed; (v) except as hereinafter provided in subparagraph (e) below with respect to Landlord’s Tenant Improvement Funds, all costs and expenses incurred in connection with the Alterations, including the construction and installation thereof, the preparation of the plans and specifications therefor, and the obtaining of all necessary governmental approvals and permits, will be paid by Tenant; and (vi) Tenant will pay to Landlord the reasonable out-of-pocket costs and expenses incurred by Landlord in reviewing Tenant’s plans and specifications and inspecting the Alterations to determine whether they are being performed in accordance with the approved plans and specifications and in compliance with all applicable laws, including the fees of any architect and/or engineer employed by Landlord for such purposes. If Landlord fails agrees to respond to a request by Tenant for consent to a any proposed Alteration Alterations within 10 business days after Landlord’s receipt of such request, the request shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” ten (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 10) business days after receipt thereof by Landlord of a written request therefor, accompanied by detailed plans and specifications for the proposed Alterations. The foregoing notwithstanding, Tenant may, without Landlord’s prior written consent (“Second Alteration Request Response Period”but nevertheless subject to the conditions specified in subparts (i), Landlord shall be deemed to have elected to consent (ii), (iii) and (v) above), make “cosmetic” Alterations to the proposed Alterationpremises; provided, however, that Tenant may not expend more than $25,000.00, in toto, in any one calendar year for such “cosmetic” Alterations without first obtaining Landlord’s prior written consent as provided herein, and, prior to commencing any such “cosmetic” Alterations, Tenant shall otherwise have complied with all provisions give Landlord a written notice advising Landlord of this Lease relating such “cosmetic” Alterations and generally describing them. Also, anything herein to such Alterations. Notwithstanding the foregoingcontrary notwithstanding, Tenant acknowledges and agrees that in addition to any other reasonable conditions Landlord may impose as a condition of approving proposed Alterations by Tenant, if such proposed Alterations include a computer room or other Alterations that will have special electrical requirements, Landlord notifies Tenant in writing within may require that Tenant, at Tenant’s expense, install a separate meter to measure the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended electricity used by an additional 10 business days. “any such computer room or other Alterations with special electrical requirements.

Appears in 1 contract

Samples: Agreement of Sublease (PRN Corp)

Tenant’s Alterations. (aA) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill intomake or perform, or secure permit the making or performance of, any fixturealterations, apparatus, or equipment, or make alterationsinstallations, improvements, additions or other physical additions of any kind to any part of changes in or about the Premises demised premises (collectively, “Alterations”) without first obtaining the written consent of Landlord’s prior consent, which consent shall will not be unreasonably withheld provided that such Alterations are performed only by contractors or mechanics first approved by Landlord (which approval will not be unreasonably withheld), conditioneddo not materially and adversely affect any part of the Building other than the demised premises (including, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such requestwithout limitation, the request exterior thereof), do not materially and adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building and do not reduce the value or utility of the Building. All Alterations shall be deemed denied. Notwithstanding done at Tenant’s expense and at such times and in such manner as Landlord may from time to time reasonably designate pursuant to the foregoing, if reasonable conditions for Alterations prescribed by Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of for the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” Building (“Second Alteration RequestRegulations”). If Prior to making any Alterations, Tenant (i) shall submit to Landlord then fails detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord’s approval of such plans and specifications, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to respond Landlord duplicate original policies of worker’s compensation insurance (covering all persons to be employed by Tenant and Tenant’s contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon completion of such Alteration, Tenant, at Tenant’s expense, shall obtain certificates of final approval of such Alteration required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof and shall, within thirty (30) days of such completion, deliver a set of final “as built” drawings to Landlord reflecting the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord Alteration. All Alterations shall be deemed made and performed in accordance with the requirements of this lease and the Alteration Regulations. All materials and equipment to have elected be incorporated in the demised premises as a result of all Alterations shall be new and first quality. No such materials or equipment shall be subject to consent to the proposed Alterationany lien, provided encumbrance, chattel mortgage, title retention or security agreement. Tenant shall otherwise have complied not, at any time prior to or during the Term, directly or indirectly employ, or permit the employment of, any contractor, mechanic or laborer in the demised premises, whether in connection with any Alteration or otherwise, if, in Landlord’s sole but good faith discretion, such employment will interfere or cause any conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Building by Landlord, Tenant or others. In the event of any such interference or conflict, Tenant, upon demand of Landlord, shall cause all provisions of this Lease relating contractors, mechanics or laborers causing such interference or conflict to such Alterations. Notwithstanding leave the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “Building immediately.

Appears in 1 contract

Samples: Agreement (American Fiber Systems, Inc.)

Tenant’s Alterations. (a) The construction Tenant shall have the right, without Landlord’s prior written consent, but upon five (5) Business Days prior written notice to Landlord (which notice shall contain a description of the initial Leasehold Improvements contemplated work), to make strictly cosmetic, non-structural additions and alterations, such as painting, wall coverings and floor coverings to the Premises, or other non-structural additions and alterations that (i) do not require that Tenant obtain a permit, approval or certificate from a Governmental Entity before constructing any such addition or alteration and (ii) do not contain a Design Problem (defined below) (the foregoing additions and alterations described in this sentence are collectively referred to herein as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof“Non-Consent Alterations”). Except for the Leasehold Improvements and as otherwise set forth belowin connection with Non-Consent Alterations, Tenant shall not, and shall not permit make any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, additions or other physical additions of any kind to any part of changes in or about the Premises (collectively, “Alterations”) ), without first obtaining the Landlord’s prior written consent of Landlordconsent, which consent shall not be unreasonably withheld, conditioned, conditioned or delayed; provided, that it shall be deemed reasonable for Landlord to withhold its consent to any Alterations that contain a Design Problem. Landlord shall consent to any proposed Alterations within ten (10) Business Days following Landlord’s receipt of Tenant’s request to make any such Alterations, along with all documentation and information relating thereto required to be submitted to Landlord under this Article 5. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt notify Tenant of its approval and/or disapproval of any such request, the request shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond Alterations within such 10 business-day ten (10) Business Day period, and such failure continues for two (2) Business Days after Tenant may thereafter send to Landlord delivers a second written requesting approval of the proposed Alterationnotice to Landlord, which request must set forth notice states at the top of its first page, in bold and 14-point capitalized type on the first page thereof the following statement: twelve (12) point, bold, all caps font, SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS LANDLORD’S FAILURE TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration RequestTHIS NOTICE SHALL RESULT IN TENANT’S PROPOSED ALTERATIONS BEING DEEMED APPROVED). If Landlord , then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to approved any such Alterations. Notwithstanding A “Design Problem” is defined as and will be deemed to exist if any Alterations (i) are structural or adversely affect any Building Systems, (ii) are visible from outside of the foregoingPremises or affect the exterior appearance of the Building, if Landlord notifies Tenant in writing within (iii) adversely affect the Second Alteration Request Response Period that Landlord requires additional time to review certificate of occupancy issued for the requestProject, then Building or the Second Alteration Request Response Period shall be extended by an additional 10 business days. “Premises, and (iv) violate any Requirement.

Appears in 1 contract

Samples: Lease (Mindspeed Technologies, Inc)

Tenant’s Alterations. “Alterations” means all improvements any Tenant Party constructs in the Premises, all alterations and modifications any Tenant Party makes to the Premises, and all equipment and personal property that becomes a fixture upon being installed in or attached to the Premises in any manner by any Tenant Party. Tenant has no right to make any Alterations without Landlord’s written consent, except that Tenant does not need Landlord’s consent to make non-structural Alterations that do not affect building systems and cumulatively cost less than $75,000 per Alteration (a) The construction “Minor Changes”). It is reasonable for Landlord to withhold or condition its consent to any Alteration that would affect the structure of any of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by Buildings, any Alteration that would affect the terms structure of Exhibit C attached hereto any of the Buildings and made a part hereofany alteration or improvement to the exterior of the Premises. Except for the Leasehold Improvements and as otherwise set forth belowTenant Improvements, Tenant shall notLandlord also has the right, and shall not permit any Tenant Agent toin its sole discretion, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to condition its consent to any part Alterations upon the right to require Tenant to remove some or all of those Alterations at the Premises (collectivelytime the Term or Tenant’s right to possession ends and, “Alterations”) without first obtaining the written consent of Landlordas to Minor Changes, which consent shall not be unreasonably withheld, conditioned, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration will elect within 10 business days after request from Tenant whether the Minor Changes have to be removed at the end of the Term. Tenant will construct and install all Alterations at its sole risk and expense, in a first-class, good, and workmanlike manner, in accordance with any plans and specifications that Landlord has approved in writing, and in accordance with all Laws. Landlord’s receipt approval of any plans and specifications for any Alterations is not a representation by Landlord that such requestAlterations comply with any Law. Tenant will not make any Alterations that results or would result in a labor dispute or otherwise would materially interfere with Landlord’s operation of the Project. Subject to applicable Law, if any work results in a labor dispute, Tenant will stop the request shall be deemed deniedwork immediately, remove the workers, contractors, or mechanics responsible for the dispute, and replace them with workers, contractors and mechanics whose work will not result in a labor dispute. The Tenant Improvements and any other Alterations are Tenant’s property until the earlier of the end of the Term or the termination of Tenant’s right to possession, but upon the earlier of the end of the Term or the termination of Tenant’s right to possession, all Alterations will automatically become Landlord’s sole property without signing or delivering any document or taking any action, and without any additional payment or other consideration from Landlord. Notwithstanding the foregoing, if Landlord is entitled to depreciation with respect to the Tenant Improvements in the amount of the Allowance and any other allowance Landlord pays. Except to the extent Landlord obligates Tenant to do so in accordance with Section 30, Tenant will not remove any Alterations from the Premises except removable trade fixtures that Tenant installs at its own cost. Tenant will repair any damage that results from removing any Alterations. Tenant will perform all such removals and repairs in a first-class, good, and workmanlike manner. If Tenant fails to respond within such 10 business-day periodremove any Alterations that Landlord has required it to remove, Tenant may thereafter send to will reimburse Landlord a second written requesting approval for the cost of the proposed Alteration, which request must set forth in bold removing them and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with repairing all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “damage.

Appears in 1 contract

Samples: Lease Agreement (ServiceNow, Inc.)

Tenant’s Alterations. (a) The construction Tenant shall have the right, at its sole expense, from time to time, to redecorate the Premises and to make such alterations, additions, improvement and changes in such parts thereof as Tenant shall deem expedient or necessary for its purposes; provided, however, that such alterations, additions, improvements and changes when completed shall neither impair the structural soundness nor diminish the value of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by Premises. Upon the terms expiration of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth belowthis Lease, Tenant shall notmay, and shall not permit any Tenant Agent toat its option, cutremove all such redecorations, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvementsadditions, or physical additions of any kind to any part of the Premises (collectively, “Alterations”) without first obtaining the written consent of Landlord, which consent improvements and changes. Tenant shall not be unreasonably withheld, conditioned, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of repair all damage caused by such request, the request shall be deemed deniedremoval. Notwithstanding the foregoing, if all floor and wall coverings, sinks, vanities, light fixtures (other than special decorative lighting fixtures), and the complete electrical, plumbing, air conditioning and heating systems, including ducts, diffusers, grills, controls and all other equipment and parts related to such systems, shall be and remain in the Premises at all times for the benefit of Landlord. All such alterations, additions, or improvements shall be done in accordance with all applicable laws, rules regulations, and orders, including applicable building codes. Landlord fails shall execute and deliver upon request of Tenant such instrument or instruments embodying the approval of Landlord which may be required by an public or quasi public authority for the purpose of obtaining any licenses or permits for the making of such alterations, additions, improvements, changes and/or installations in, to respond within or upon said Premises and Tenant agrees to pay for such 10 business-day periodlicenses or permits. Tenant will indemnify and hold Landlord harmless from and against all claims by reason of such alterations, additions, or improvements which may be made by Tenant on the Premises, and Tenant shall promptly repair any damage to the Premises caused by any such alterations, additions, improvements, or changes. Anything contained in this Section 5.3 to the contrary notwithstanding, Tenant may thereafter send shall not make changes to Landlord a second written requesting approval of the proposed Alterationexterior or structural portions for the Premises without Landlord's prior approval, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord approval shall not be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “withheld or delayed unreasonably.

Appears in 1 contract

Samples: Lease (Regeneration Technologies Inc)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill into, paint or secure any fixture, apparatus, or equipmentdecorate, or make any alterations, improvementsadditions or improvements to the Building or to the Premises, or physical additions of any kind to any part of the Premises (collectivelythereof, “Alterations”) without first obtaining the Landlord's prior written consent of Landlord, in each instance which consent shall not be unreasonably withheld. Tenant shall present plans and specifications for such work to Landlord at the time approval is sought. Before making any alterations, conditionedadditions, installations, or delayedimprovements Tenant shall, at its expense, obtain all permits, approvals and certificates required by governmental authorities and, upon completion, certificates of final approval thereof, and shall deliver duplicates of all such permits, approvals and certificates to Landlord promptly thereafter. If Tenant agrees to carry and will cause Tenant's contractors and subcontractors to carry such workmen's compensation, general liability, personal and property damage insurance as Landlord fails may require. Any alterations, additions or improvements made by Tenant constituting fixtures shall immediately become the property of Landlord and shall remain upon the Premises. Alternately, Landlord may elect to respond require Tenant to a request for consent remove such alterations, additions and improvements and restore the Premises to a proposed Alteration their original condition, in which case Tenant shall comply with such requirement prior to the expiration or other termination of this Lease. Tenant shall not cut or drill into or secure any fixtures, apparatus or equipment of any kind in or to any part of the Premises without first obtaining Landlord's written consent. Tenant shall cause to be removed within 10 business ten (10) days after Landlord’s receipt of such requestnotice thereof any lien, including any mechanic's lien asserted against work performed upon the request shall be deemed deniedPremises. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions also defend on Landlord's behalf, at Tenant's sole cost and expense, any action, suit or proceeding for the enforcement of this Lease relating to any such Alterations. Notwithstanding the foregoinglien, if and Tenant shall pay any damages and satisfy and discharge any judgment entered thereon and save Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the requestharmless from any loss, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “liability, expense, including reasonable counsel fees, claims or damages resulting therefrom.

Appears in 1 contract

Samples: White Marsh Business Center Agreement of Lease (Imtek Office Solutions Inc)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill intomake, or secure suffer to be made, any fixture, apparatus, alteration or equipment, or make alterations, improvements, or physical additions of any kind addition to any part of the Premises (collectively, “Alterations”) ), or any part thereof, without first obtaining the Landlord’s prior written consent of Landlord, (which consent shall not be unreasonably withheld) and delivering to Landlord the proposed architectural and structural plans for all such Alterations at least fifteen (15) days prior to the start of construction. If such Alterations affect the structure of the Building, conditionedTenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in reviewing Tenant’s plans. After obtaining Landlord’s consent, which consent shall state whether or not Landlord will require Tenant to remove such Alteration at the expiration or earlier termination of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to provide Landlord (i) written notice of the anticipated and actual start-date of the work, (ii) a complete set of half-size (15” X 21”) vellum as-built drawings, and (iii) a certificate of occupancy for the work upon completion of the Alterations. All Alterations shall be constructed by a licensed general contractor in compliance with all applicable building codes and laws including, without limitation, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all Alterations, except movable furniture and trade fixtures, shall become a part of the realty and belong to Landlord but shall nevertheless be subject to removal by Tenant (excluding Initial Alterations as defined below) as provided in Section 6 above. Alterations which are not deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, walls, carpeting, or delayedany other installation which has become an integral part of the Premises. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request All Alterations shall be deemed deniedmaintained, replaced or repaired by Tenant at its sole cost and expense. Notwithstanding the foregoing, if Tenant shall be entitled, without obtaining Landlord’s consent, to make Alterations which do not affect the Building structure or mechanical systems and which do not cost more than Seventy Five Thousand Dollars ($75,000.00) per Alteration (“Permitted Alterations”); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) Landlord fails may elect to respond within have Tenant remove such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval Permitted Alterations at the expiration or earlier termination of the proposed AlterationLease, which request must set forth in bold unless Tenant has notified Landlord of such Permitted Alterations prior to commencing construction and 14-point capitalized type on received approval from Landlord that such Permitted Alterations will not be required to be removed at the first page thereof expiration of the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” Lease. The parties acknowledge that Tenant will make certain improvements to the Premises (“Second Alteration RequestInitial Alterations)) proposed and/or completed prior to January 1, 2009 such Initial Alterations generally described as (but not limited to) the addition and/or alteration of interior offices, cosmetic improvements, and installation of necessary equipment to service the foregoing. If Landlord then fails hereby consents to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed such Initial Alterations and waives any right to have elected to consent to such Initial Alterations removed at the proposed Alteration, expiration or sooner termination of this Lease provided Tenant shall otherwise have complied complies with all provisions of this Lease relating to such Section 7.A. Tenant shall pay all costs associated with the Initial Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “.

Appears in 1 contract

Samples: Lease (Data Domain, Inc.)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall notnot make any additions, and shall not permit any Tenant Agent to, cut, drill intoalterations, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to any part of improvements (the Premises (collectively, “Alterations”) to the Premises without first obtaining the written prior consent of Landlord, which consent shall be requested by Tenant at least thirty (30) days prior to the commencement of any work and such request for consent shall include (A) Tenant’s proposed plans and specifications for the Alterations, (B) a detailed critical path construction schedule containing the major components of the Alterations and the time required for each, including the scheduled construction commencement date, milestone dates and the estimated completion date, (C) an itemized statement of estimated construction costs, including fees for permits and architectural and engineering fees, (D) for Alterations anticipated to cost in excess of $50,000, evidence satisfactory to Landlord of Tenant’s ability to pay the cost of the Alterations, (E) the names and addresses of Tenant’s contractors (and said contractors’ subcontractors) and materialmen providing specialty materials to be engaged by Tenant for the Alterations (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”); however, Landlord may designate a list of pre-approved contractors for any portions of the Alterations involving the Building’s structure or the Building Systems, and (F) certificates of insurance, evidencing the insurance required under this Article 11. Landlord’s consent to the Alterations (and Landlord’s approval of Tenant’s plans and specifications therefor) shall not be unreasonably withheld, conditionedconditioned or delayed and any changes or modifications to the Alterations or such plans or specifications thereafter shall require Landlord’s approval (which shall not be unreasonably withheld). Landlord’s review and approval of the plans and specifications for the Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed deniedcompliance with all Laws. Notwithstanding the foregoing, if Landlord fails Tenant shall have the right during the Term to respond within such 10 business-day period, make cosmetic alterations as Tenant may thereafter send to Landlord a second written requesting approval of reasonably deem desirable or necessary (the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response PeriodCosmetic Alterations”), without Landlord’s consent, provided that such Alterations (i) are not visible from outside of the Premises; (ii) do not adversely affect the Building’s structure or any Building System; (iii) do not trigger any legal requirement which would require any alteration or improvements to the Building or Project; (iv) do not, in the aggregate, exceed $50,000 (for Alterations other than floor and wall covering) in any twelve (12) month period; and (v) do not require any license, permit or approval under applicable Law and do not result in the voiding of Landlord’s insurance, the increasing of Landlord’s insurance risk or the disallowance of sprinkler credits. Tenant shall give Landlord at least ten (10) days prior written notice of such Cosmetic Alterations, which notice shall be deemed to have elected to consent to accompanied by reasonably adequate evidence that such changes meet the proposed Alterationforegoing criteria. Except as otherwise provided, provided Tenant the term “Alterations” shall otherwise have complied with all provisions of this Lease relating to such include Cosmetic Alterations. Notwithstanding In addition, Tenant’s repairs, modifications and replacement of the foregoing, if Landlord notifies HVAC systems in accordance with Exhibit E and Exhibit E-1 with respect to Tenant’s initial Tenant Improvements shall not require Landlord’s consent except as otherwise provided in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “Exhibit E and Exhibit E-1.

Appears in 1 contract

Samples: Office Lease (Shockwave Medical, Inc.)

Tenant’s Alterations. (a) The construction Tenant shall have the right, at its sole expense, from time to time, subsequent to completion of Tenant's Work to redecorate the Premises and to make such alterations, additions, improvements and changes in such parts thereof as Tenant shall deem expedient or necessary for its purposes; provided, however, that Tenant shall not make changes to the exterior or structural portions of the initial Leasehold Improvements Building, or to any building systems contained therein (as defined in Exhibit C) including plumbing, electrical, and mechanical systems), without Landlord's prior approval, which approval shall not be withheld or delayed unreasonably. Upon the expiration of this Lease, Tenant may, at its option, remove all such redecorations, alterations, additions, improvements and changes. If Landlord's approval is required for any such redecorations, alterations, additions, improvements or changes, Landlord shall elect, at the time such approval is rendered, whether any such items must be removed upon the expiration of this Lease. All such alterations, additions, or improvements shall be governed done in accordance with all applicable laws, rules, regulations, and orders, including applicable building codes. Landlord shall execute and deliver upon request of Tenant such instrument or instruments embodying the approval of Landlord which may be required by the terms of Exhibit C attached hereto and made a part hereof. Except any public or quasi public authority for the Leasehold Improvements purpose of obtaining any licenses or permits for the making of such alterations, additions, improvements, changes and/or installations in, to or upon said Premises and as otherwise set forth belowTenant agrees to pay for such licenses or permits. Tenant will indemnify and hold Landlord harmless from and against all claims by reason of such alterations, additions, or improvements which may be made by Tenant on the Premises, and Tenant shall notpromptly repair any damage to the Premises or the Building caused by any such alterations, and shall not permit any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterationsadditions, improvements, or physical additions of any kind to any part of the Premises (collectively, “Alterations”) without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “change;.

Appears in 1 contract

Samples: Lease (Rainbow Rentals Inc)

Tenant’s Alterations. (a) The construction Tenant shall be responsible for the interior improvements of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed leased premises after occupancy by the terms of Exhibit C attached hereto Tenant, and made a part hereof. Except except for the Leasehold Improvements installation and location of signs, equipment, counters, and other removable trade fixtures, and except as otherwise set forth belowherein mentioned, Tenant shall notneither make any alteration nor addition to the leased premises, nor make any agreement or contract therefore, without first obtaining Landlord’s prior written consent, said consent shall not be unreasonably withheld or delayed, and which consent may be conditioned upon the Tenant’s removal of such fixture and restoration of the leased premises to their original condition at Tenant’s sole expense at the termination of the tenancy. Tenant shall use a licensed contractor for all such work (unless excused from this requirement by Landlord in writing), which contractor must be approved in advance by Landlord in writing, with Landlord’s consent in this regard not to be unreasonably withheld or delayed. Prior to undertaking any such alteration work, Tenant shall request in writing Landlord’s permission for such work, and such request must include a reasonably detailed written description of the scope of the desired work, plus plans and schematics if available. Tenant shall be responsible for obtaining and shall obtain all required building permits for such work, and shall not permit any provide a copy of same to Landlord. At the conclusion of such work, Landlord shall have the right to inspect same, and Tenant Agent toshall provide “as-built” drawings and plans to Landlord reflecting the changes made. All alterations, cut, drill intoadditions, or secure any fixtureimprovements made by Tenant to or upon the leased premises, apparatus(except signs, or equipment, counters, other removable trade fixtures, interior decorations and surveillance video equipment which shall remain the property of Tenant and are removable by them) shall at once, when made or installed, be deemed to have attached to the freehold as permanent fixtures and shall become Landlord’s property. Tenant shall not make alterations, improvements, any roof/wall holes or physical additions of any kind penetrations to the outside without written permission from the Landlord. Subsequent water damage to any part of the Premises building caused by a roof or wall penetration (collectivelyapproved or not) will be the responsibility of the Tenant. At the termination of this Lease, “Alterations”and without notice, Tenant shall immediately remove all its personal property and removable trade fixtures. If Tenant fails to do so, Landlord may (upon notice) without first obtaining remove and store the written consent same at Tenant’s expense. Tenant will promptly reimburse Landlord for the expense of such removal and storage, upon receiving Landlord’s statement. If Tenant fails to pay for such expense within thirty (30) days of receiving Landlord’s statement therefore, Landlord may sell Tenant’s property to pay such expenses and any other amounts owing to Landlord by Tenant. It is further agreed that anything remaining upon or removed from the leased premises thirty (30) days after the termination of this Lease shall become the property of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after at Landlord’s receipt of such requestoption, subject to the request shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send rights reserved to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “hereinbefore set forth.

Appears in 1 contract

Samples: Commercial Lease Agreement

Tenant’s Alterations. (a) The construction Tenant shall have the right, at its sole expense, from time to time, to redecorate the Premises and to make such interior alterations, additions, improvements and- changes such parts thereof'as Tenant shall deem expedient or necessary for its purposes; provided, however, that such alterations, additions, improvements and changes when completed shall neither impair the structural soundness nor diminish the value of the initial Leasehold Improvements (Building, nor affect the size of the Premises or alter the facade thereof. Notwith- standing the foregoing, Tenant reserves the right to make alterations required pursuant to a permitted assignment or subletting under Article XI hereof, so long as defined in Exhibit C) shall be governed by the terms structural integrity of Exhibit C attached hereto and made a part hereofthe Building not materially affected. Except for Anything contained this Section 7.4 to the Leasehold Improvements and as otherwise set forth belowcontrary notwithstanding, Tenant shall notnot make changes to the exterior or structural portions of the Premises without Landlord's prior approval, which approval shall not be withheld or delayed unreasonably. For purposes of this Section 7.4, Landlord's consent to any such alterations shall not be deemed to be withheld unreasonably if such alterations would materially change the size of the Premises or alter the facade of the Premises (except in connection with a permitted assignment of this Lease, where Tenant's assignee. desires to install its own exterior signs). Upon the expiration of this Lease, Tenant may, at its option, remove all such redecorations, alterations, additions, improvements and changes, provided Tenant repairs any damage caused by such removal. All such alterations, additions, or improvements shall be done in accordance with all applicable laws, rules, regulations, and orders, including applicable building codes, and Tenant shall not permit provide Landlord with adequate assurances that the alterations will be done lien-free. Landlord shall execute and deliver upon request of Tenant such instrument or instruments embodying the approval of Landlord which may be required by any public or quasi public for the purpose of obtaining any licenses or permits for the making of such alterations, additions, improvements, changes and/or installations in, to or upon said and Tenant Agent toagrees to pay for such licenses or permits. Tenant will indemnify and hold Landlord harmless from and against all claims by reason of such alterations, cut, drill intoadditions, or secure improvements which may be made by Tenant on the Premises, and Tenant shall promptly repair any fixturedamage to the Premises or the Building caused by any such alterations, apparatus, or equipment, or make alterationsadditions, improvements, or physical additions of any kind to any part of the Premises (collectively, “Alterations”) without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “changes.

Appears in 1 contract

Samples: Lease

Tenant’s Alterations. (a) The construction of Except for the initial Leasehold Improvements (as defined in Exhibit C) shall be the Work Letter), the construction of which is governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth belowWork Letter, Tenant shall not, and shall not permit without Landlord’s prior consent, make any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, improvements or physical additions of any kind to any part of in or about the Premises (collectively, “Alterations”), provided that Landlord agrees not to unreasonably withhold, condition or delay its consent to Alterations. As a condition to giving such consent to any Alterations (to the extent expressly provided in Section 1(c)), Landlord may require that Tenant remove (or leave in place and convey to Landlord) without first obtaining any such Alterations at the written end of the term and restore the portions of the Premises affected by such removal to their condition existing prior to installation of the relevant Alterations, reasonable wear and damage by casualty excepted. Before commencing any work relating to Alterations (other than Decorative Changes), Tenant shall notify Landlord of the expected date of commencement thereof and of the anticipated cost thereof. Tenant shall furnish complete drawings and specifications (which shall be in electronic form, if required by Landlord) describing such Alterations (“Plans”) (other than Decorative Changes, and other Permitted Alterations costing less than $25,000 and not requiring a building permit (collectively, “Minor Alterations”)), and all building permits for such Alterations (if such permits are required for such Alterations pursuant to applicable Laws). Tenant shall not commence any such Alterations until Landlord has reviewed and consented to the work as described in such Plans. Approval by Landlord of any of Tenant's Plans prepared in connection with any Alterations shall not constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such Plans or the improvements to which they relate, for any use, purpose, or condition, but such approval shall merely be the consent of Landlord as required hereunder. Tenant shall reimburse Landlord within thirty (30) days following its demand for any reasonable, third-party, out-of-pocket costs incurred by Landlord in having such Plans reviewed by its consultants, to the extent such costs do not exceed $7,500 per project. Tenant shall give Landlord at least five (5) business days’ notice prior to commencing any Alterations (other than Decorative Changes) and Landlord shall then have the right at any time and from time to time to post and maintain on the Premises such notices of non-responsibility as Landlord reasonably deems necessary to protect the Project, the Building and Landlord from mechanics’ liens or any other liens. In any event, Tenant shall pay when due all claims for labor or materials furnished to or for Tenant at or for use in the Project. Tenant shall not permit any mechanics’ liens to be levied against the Project for any labor or materials furnished to Tenant or claimed to have been furnished to Tenant or to Tenant’s agents or contractors in connection with work performed or claimed to have been performed on the Project by or at the direction of Tenant. All Alterations performed by or on behalf of Tenant shall be done by contractors reasonably approved by Landlord, in a first‑class, workmanlike manner in compliance with all applicable Laws as well as the requirements of insurers of the Project and the Building that are communicated to Tenant in writing. Prior to commencing any Alterations, if required by Landlord, Tenant shall maintain builder’s risk insurance in an amount no less than the value of the completed work of alteration, addition or improvement on an all‑risk basis, covering all perils then customarily covered by such insurance. All contractors performing Alterations other than Minor Alterations to the portions of the Project that Landlord is required to maintain pursuant to Section 8(a) above are subject to Landlord’s reasonable prior approval. Further, all of Tenant's contractors performing Alterations other than Decorative Changes, regardless of whether such contractors require Landlord's approval must provide evidence that they have the insurance required under Section 6.3 of the Work Letter, or other insurance reasonably acceptable to Landlord, prior to entering the Premises to perform any work. Notwithstanding anything in this Section 9 to the contrary, upon Landlord’s request, Tenant shall promptly remove, or cause to be removed, any contractor, subcontractor or material supplier from the Project and the Building if the work or presence of such person or entity results in material damage to the Project or the Building. Tenant shall indemnify, hold harmless and defend Landlord from any liens and encumbrances arising out of any work performed or materials furnished by or at the direction of Tenant. In the event that Tenant shall not, within thirty (30) days following Tenant’s actual notice of the imposition of any lien or stop notice, cause such lien or stop notice to be released of record by payment or posting of a proper bond, Landlord shall have, in addition to all other remedies provided herein or by law, the right, but not the obligation, to cause the same to be released by such means as it may deem proper, including payment of the claim giving rise to such lien, after providing five (5) days’ prior written notice to Tenant of Landlord’s intent to do so. All such sums paid by Landlord and expenses reasonably incurred in connection therewith, including attorneys’ fees and costs, shall be payable to Landlord by Tenant on demand. Upon completion of any work performed for Tenant costing in excess of $100,000, Tenant shall deliver to Landlord evidence of full payment for the Alterations and full and unconditional waivers and releases of liens for all labor, services and/or materials used, copies of any building permits that were required for such work pursuant to applicable Laws, and, if the work involves any significant physical alteration of the Premises, at least three (3) sets of “as built” drawings and specifications (as well as a set in PDF or CAD format, if requested by Landlord). Unless Landlord requires their removal, as set forth above, all Alterations shall become the property of Landlord and remain upon and be surrendered with the Premises at the termination or expiration of the term; provided that Tenant’s machinery, equipment and trade fixtures and other personal property, other than any which may be permanently affixed to the Premises so that they cannot be removed without material damage to the Premises, shall remain the property of Tenant and shall be removed by Tenant on or before such time. For the avoidance of doubt, the items set forth in Exhibit I shall be considered Tenant’s personal property and shall not become the property of Landlord. Notwithstanding the foregoing, after completion of the Improvements, Tenant shall not be required to obtain the consent or approval of Landlord in connection with the construction or installation of any of the following Alterations: (a) decorations, painting, plastering, carpeting or other floor coverings, or window coverings, within the Building that will not require Landlord to modify its then-current insurance coverage for Alterations and do not require a building permit (“Decorative Changes”); and (b) alterations or improvements wholly within the Building that do not affect in any material way the Building Systems or the structural components of the Building and which cost less than One Hundred Thousand Dollars ($100,000.00) in one single instance or series of related alterations performed within a calendar year period (provided that Tenant shall not perform any improvements, alterations or additions to the Premises in stages as a means to subvert this provision) (collectively the “Permitted Alterations”). Tenant shall provide Landlord prior notice of any Permitted Alterations (other than Decorative Changes) and copies of Plans (if any), all building permits for such Permitted Alterations (if such permits are required for such Permitted Alterations pursuant to applicable Laws) and the contracts for any Permitted Alterations other than Decorative Changes prior to the commencement of such work. Following completion of any Permitted Alterations, Tenant shall deliver to Landlord copies of any building permits that were required for such work pursuant to applicable Laws. Landlord shall respond to any request for consent to an Alteration by Tenant under this Section 9 no later than five (5) business days after Landlord receives such request. Landlord’s failure to respond to Tenant’s request for consent during such period shall be deemed Landlord’s consent to such request. Any rejection by Landlord of Plans submitted by Tenant shall include a description of Landlord’s specific objections and the parties shall thereafter work together in good faith to arrive at a mutually agreeable set of Plans. Notwithstanding anything to the contrary contained herein, Tenant shall not penetrate the roof of the Building in any manner, nor install or construct any Alterations, additions or improvements thereon, nor otherwise use or occupy the roof at any time during the Term hereof, to the extent any of the foregoing would violate, void or reduce the roof warranty unless, in each instance, given prior written approval from Landlord, which consent approval shall not be unreasonably withheld, conditioned, conditioned or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed denied. Notwithstanding the foregoing, if Landlord fails hereby consents to respond within such 10 business-day periodTenant’s installation of (i) a backup generator and (ii) other building equipment that (A) is required for the Permitted Use, Tenant may thereafter send to (B) serves the Premises and (C) is approved by Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond pursuant to the Second Alteration Request within 10 business days after receipt thereof terms of Section 9 ((i) and (ii) collectively, the Second Alteration Request Response PeriodBuilding Equipment”), Landlord shall be deemed to have elected to consent to either as a part of the proposed AlterationTenant's Work or a subsequent Alteration in a location approved by Landlord, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoingin its reasonable discretion, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period Tenant Exclusive Outdoor Areas provided that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “Tenant otherwise complies with this Section 9.

Appears in 1 contract

Samples: Lease Agreement (Exelixis, Inc.)

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Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit make any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvementsadditions or other physical changes in or about the Premises, or physical additions of any kind to any part of including the Premises Initial Installations (collectively, "Alterations”) "), other than decorative Alterations such as painting, wall coverings, floor coverings and low voltage cabling (collectively, "Decorative Alterations"), without first obtaining the written consent of Landlord's prior consent, which consent shall not may be unreasonably withheld, conditioned, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after withheld in Landlord’s receipt of such request, the request shall be deemed denied's sole discretion. Notwithstanding the foregoing, Landlord shall not unreasonably withhold its consent to Alterations so long as such Alterations (i) are non-structural and do not affect the Building Systems, (ii) are performed only by Landlord's designated contractors (which shall be set forth on a list (subject to change from time to time) of at least three contractors per trade, except with respect to the Building System contractors, and such list shall be submitted to Tenant promptly after request therefor and if Landlord fails to respond within Tenant engages any contractor set forth on such 10 business-day periodlist, Tenant may thereafter send shall not be required to Landlord a second written requesting approval of the proposed Alterationobtain Landlord's consent to such contractor unless, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond prior to the Second Alteration Request within 10 business days after receipt thereof execution of an agreement between Tenant (“Second Alteration Request Response Period”either directly or through another contractor or subcontractor) and such contractor (or, if no written agreement is entered into, prior to the commencement of work by the contractor), Landlord shall be deemed notify Tenant that such contractor has been removed from such list) or by contractors approved by Landlord to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to perform such Alterations. Notwithstanding , (iii) affect only the foregoingPremises and are not visible from outside of the Premises or the Building, if (iv) do not affect the certificate of occupancy issued for the Building or the Premises, (v) do not adversely affect any service furnished by Landlord notifies to Tenant in writing within or to any other tenant of the Second Alteration Request Response Period that Landlord requires additional time Building and (vi) do not violate any Requirement or cause the Premises or the Building to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “non-compliant with any Requirement.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Greenhill & Co Inc)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit make any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, additions or other physical additions of any kind to any part of changes in or about the Premises (collectively, “Alterations”) ), without first obtaining the written consent of Landlord’s prior consent, which consent shall not be unreasonably withheld, conditionedconditioned or delayed, provided such Alterations: (i) are non-structural and do not affect any Building Systems other than by connecting thereto, (ii) affect only the Premises, and other than Alterations on the Tenant’s Roof Deck Area, are not visible from the street level outside of the Premises, (iii) do not effect a modification of the Temporary Certificate of Occupancy (“TCO”) or the Certificate of Occupancy (“CO”), as the case may be, issued for the Building or the Premises and allowing for general office use of the Premises (but the existing Certificate of Occupancy may be amended and updated at Tenant’s cost, as necessary and reasonably approved by Landlord, to reflect the completion of approved Alterations that otherwise conform to this Lease, subject to Landlord’s obligations and Tenant’s rights expressly contained in Article 3), and (iv) do not violate any Requirement. Landlord’s consent shall not be required for any Alteration that (A) does not require the issuance of a Building Permit by the Department of Buildings of the City of New York, provided such Alteration meets the requirements set forth in (i)-(iv) above (collectively, the “Reasonable Alteration Conditions”), provided the cost of such Alteration does not exceed $150,000.00, or delayed(B) an Alteration which is of a purely cosmetic nature in the Premises such as painting, wallpapering, hanging pictures or installing carpeting (collectively, “Decorative Alterations”). If Tenant shall give Landlord fails notice prior to respond to performing any Decorative Alteration, the cost of which exceeds $50,000.00, which notice shall contain a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt description of such request, the request shall be deemed deniedDecorative Alteration. Notwithstanding the foregoing, if Landlord fails “Alterations” shall not include Landlord’s Work or Landlord’s Expansion Premises Work which shall all be subject to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval the requirements of the proposed Alteration, applicable Work Letter and not this Article 5 (other than Section 5.3 which request must set forth in bold shall apply to Landlord’s Work and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”Landlord’s Expansion Premises Work), Landlord shall be deemed to have elected to consent to the proposed Alteration, except as otherwise expressly provided Tenant shall otherwise have complied with all provisions of in this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “Lease.

Appears in 1 contract

Samples: Agreement (2U, Inc.)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill intomake, or secure suffer to be made, any fixture, apparatus, alteration or equipment, or make alterations, improvements, or physical additions of any kind addition to any part of the Premises (collectively, “Alterations”) ), or any part thereof, without first obtaining the Landlord’s prior written consent and delivering to Landlord the proposed architectural and structural plans for all such Alterations at least fifteen (15) days prior to the start of construction. If such Alterations affect the structure of the Building, Tenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in reviewing Tenant’s plans. After obtaining Landlord’s consent, which consent shall state, if requested by Tenant, whether or not Landlord will require Tenant to remove such Alteration at the expiration or earlier termination of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to provide Landlord (i) written notice of the anticipated and actual start-date of the work, (ii) a complete set of half-size (15” X 21”) vellum as-built drawings, and (iii) a certificate of occupancy for the work upon completion of the Alterations. All Alterations shall be unreasonably withheldconstructed by a licensed general contractor in compliance with all applicable building codes and laws including, conditionedwithout limitation, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all Alterations, except movable furniture and trade fixtures, shall become a part of the realty and belong to Landlord but shall nevertheless be subject to removal by Tenant as provided in Section 6 above. Alterations which are not deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, walls, carpeting, or delayedany other installation which has become an integral part of the Premises. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request All Alterations shall be deemed deniedmaintained, replaced or repaired by Tenant at its sole cost and expense. Notwithstanding the foregoing, if Landlord fails Tenant shall be entitled, without obtaining Landlord’s consent, to respond within such 10 businessmake Alterations which do not affect the Building structure or mechanical systems and which do not cost more than Seventy-day period, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” Five Thousand Dollars ($75,000.00) per Alteration (“Second Alteration RequestPermitted Alterations). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof ) and do not cost more than Two Hundred Fifty Thousand Dollars (“Second Alteration Request Response Period”)$250,000.00) in aggregate; provided, Landlord shall be deemed to have elected to consent to the proposed Alterationhowever, provided that: (i) Tenant shall otherwise have complied still be required to comply with all other provisions of this Lease relating paragraph; and (ii) Landlord may elect to have Tenant remove such AlterationsPermitted Alterations at the expiration or earlier termination of the Lease, unless Tenant has notified Landlord of such Permitted Alterations prior to commencing construction and received approval from Landlord that such Permitted Alterations will not be required to be removed at the expiration of the Lease. Notwithstanding Landlord agrees that upon expiration or sooner termination of this Lease, Tenant shall not be responsible for the foregoing, if Landlord notifies Tenant removal of any alterations and/or improvements made to the Premises that were performed in writing within connection with the Second Alteration Request Response Period that Landlord requires additional time to review sublease described in Section 6.A above or made by or on behalf of a prior tenant of the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “Premises.

Appears in 1 contract

Samples: Monolithic Power Systems Inc

Tenant’s Alterations. (a) The construction Tenant, at its sole cost and expense and without any cost to the Landlord, shall make any and all additions, improvements, alterations and repairs to or on the non-structural interior of the initial Leasehold Improvements (as defined in Exhibit C) Premises which may be, at any time during the term of this Lease, required by Article 2 of this Lease, or required by any lawful authority, except for that required for the structural repair and maintenance of the roof, foundation or exterior walls, other than the storefront, which shall be governed the Landlord’s responsibility. Any such improvements by Tenant shall be subject to Landlord’s approval, which approval shall not be unreasonably withheld or delayed so long as the terms design of Exhibit C attached hereto such improvements satisfies the requirements of all applicable governmental agencies, and made a part Landlord may, but shall not be obligated to, deal directly with any authorities respecting their requirements for additions, improvements, alterations or repairs. Landlord agrees that Tenant, at its own expense, from time to time during the term hereof. Except for , may make such non-structural alterations, additions and changes to the Leasehold Improvements interior of the Premises which do not exceed Twenty-Five Thousand Dollars ($25,000.00) in cost, materially adversely alter the general appearance of the Premises or diminish the value of the Premises, provided that if such alterations, additions or changes exceed Twenty-Five Thousand Dollars ($25,000.00) in cost then Tenant shall be required to obtain the prior written consent of Landlord therefor, and as otherwise set forth belowin all events, Tenant shall notprovide advance prior written notice to Landlord to enable Landlord to post notices of non-responsibility and supply a copy of all working drawings to Landlord for its information and records. In the event of a violation of this provision Tenant shall promptly remove same or take such action with reference thereto as Landlord shall direct. All work with respect to any alterations, additions and changes must be performed in a workmanlike manner and diligently prosecuted to lien-free completion, and shall be performed strictly in accordance with the laws and ordinances relating thereto. Tenant shall have such work performed in such manner that it does not permit affect ingress to and egress from any other premises or portion of the Center. All Tenant Agent toimprovements or alterations shall become part of the Premises, cutowned by Landlord, drill intoupon installation thereof without obligation on the part of Landlord to compensate Tenant for same; such improvements and alterations (other than the initial improvements or similar alterations) shall, in the sole discretion of Landlord, be removed at the expense of Tenant at the termination or secure earlier expiration of the Lease; provided that any fixture, apparatus, improvements or equipment, or make alterations, improvements, or physical additions of any kind alterations installed by Tenant that are specific to any part Tenant’s use of the Premises (collectivelye.g., bank safes or vaults) (Special Purpose Alterations”) without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed denied. Notwithstanding removed by Tenant at its expense at the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval termination or earlier expiration of the proposed Alteration, which request must set forth in bold Lease (and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with repair all provisions of this Lease relating to damage caused by such Alterations. Notwithstanding the foregoing, if removal) unless Landlord notifies Tenant in writing within that any such Special Purpose Alterations may remain in the Second Alteration Request Response Period that Landlord requires additional time to review Premises following the request, then termination or earlier expiration of the Second Alteration Request Response Period shall be extended by an additional 10 business days. “Lease.

Appears in 1 contract

Samples: Lease Agreement (1st Centennial Bancorp)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall notnot make any additions, and shall not permit any Tenant Agent to, cut, drill intoalterations, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to any part of improvements (the Premises (collectively, “Alterations”) to the Premises without first obtaining the written prior consent of Landlord, which consent shall be requested by Tenant at least thirty (30) days prior to the commencement of any work and such request for consent shall include (A) Tenant’s proposed plans and specifications for the Alterations, (B) a detailed critical path construction schedule containing the major components of the Alterations and the time required for each, including the scheduled construction commencement date, milestone dates and the estimated completion date, (C) an itemized statement of estimated construction costs, including fees for permits and architectural and engineering fees, (D) evidence satisfactory to Landlord of Tenant’s ability to pay the cost of the Alterations, (E) the names and addresses of Tenant’s contractors (and said contractors’ subcontractors) and materialmen to be engaged by Tenant for the Alterations (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”); however, Landlord may designate a list of approved contractors for any portions of the Alterations involving the Building’s structure or the Building Systems, from which Tenant must select its contractors for such portions of the Alterations (“Approved Contractors”), and (F) certificates of insurance, evidencing the insurance required under this Article 11. Xxxxxxxx’s consent to the Alterations (and Landlord’s approval of Xxxxxx’s plans and specifications therefor) shall not be unreasonably withheld, conditionedconditioned or delayed and any changes or modifications to the Alterations or such plans or specifications thereafter shall require Landlord’s approval (which shall not be unreasonably withheld). Landlord’s review and approval of the plans and specifications for the Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed deniedcompliance with all Laws. Notwithstanding the foregoing, if Landlord fails Tenant shall have the right during the Term to respond within such 10 business-day period, make cosmetic Alterations as Tenant may thereafter send to Landlord a second written requesting approval of reasonably deem desirable or necessary (the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response PeriodCosmetic Alterations”), without Landlord’s consent, provided that such Alterations (i) are not visible from outside of the Premises; (ii) do not affect the Building’s structure or any Building System; (iii) do not trigger any legal requirement which would require any alteration or improvements to the Building or Project; (iv) do not, in the aggregate, exceed $5,000 (for Alterations other than floor and wall covering) in any twelve (12) month period; and (v) do not require any license, permit or approval under applicable Law and do not result in the voiding of Landlord’s insurance, the increasing of Landlord’s insurance risk or the disallowance of sprinkler credits. Tenant shall give Landlord at least ten (10) days prior written notice of such Cosmetic Alterations, which notice shall be deemed accompanied by reasonably adequate evidence that such changes meet the foregoing criteria. Except as otherwise provided, the term “Alterations” shall include Cosmetic Alterations. Tenant shall be entitled to have elected to consent install, at Tenant's sole cost and expense, a separate security system for the Premises, including access control on the doors providing entry to the proposed AlterationPremises, as an Alteration or as a part of the Tenant Improvements; provided, however, that (i) the plans and specifications for any such system shall be subject to Landlord's reasonable approval, (ii) any such system must not interfere with the operation of any existing systems of the Building, (iii) Tenant's obligation to indemnify, defend and hold Landlord harmless as provided in, and subject to, Section 17.1 below shall also apply to Tenant's use and operation of any such system, (iv) the installation of such system shall otherwise be subject to the terms and conditions of this Article 11 (or Exhibit E and Exhibit E-1, if installed as a part of the Tenant Improvements), and (v) notwithstanding anything to the contrary in this Lease, Tenant shall otherwise have complied with all provisions remove such system upon the expiration or earlier termination of this Lease relating and repair all damage caused by such removal. Tenant shall at all times provide Landlord with a contact person who can disarm the security/surveillance system and who is familiar with the functions of such system in the event of a malfunction, and Tenant shall provide Landlord with the alarm codes or other necessary information required to disarm such Alterations. Notwithstanding system in the foregoing, if event Landlord notifies Tenant must enter the Premises in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “emergency.

Appears in 1 contract

Samples: Office Lease

Tenant’s Alterations. Tenant shall not make or suffer to be made any alterations, additions, changes or improvements (acollectively, "Alterations") The construction to or of the initial Leasehold Improvements Premises, or any part thereof without Landlord's prior Written consent, which consent shall not, except as otherwise expressly provided in this Lease, be unreasonably withheld. Landlord may impose, as a condition to the aforesaid consent, such requirements as Landlord may deem necessary in its reasonable discretion, including, without limitation: the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; that all work be performed with union labor; the times during which such work is to be accomplished; the requirement that Tenant post a completion bond in an amount and form satisfactory to Landlord; the requirement that Tenant reimburse Landlord, as additional rent, for Landlord's reasonable costs incurred in reviewing any proposed Alterations, whether or not Landlord's consent is granted; and the requirement that at Lease Termination, either (as defined in Exhibit Ci) Tenant, at its expense, will remove any and all such Alterations installed by Tenant and shall, at its cost, promptly repair all damages to the Project caused by such removal, or (ii) the Alterations made by Tenant shall remain with the Premises, be a part of the realty, and belong to Landlord. If Landlord consents to any Alterations to the Premises by Tenant, the same shall be governed made by the terms of Exhibit C attached hereto Tenant at Tenant's sole cost and expense in accordance with plans and specifications approved by Landlord. Any such Alterations made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, by Tenant shall notbe performed in accordance with all applicable laws, ordinances and codes and in a first class workmanlike manner, and shall not permit any Tenant Agent toweaken or impair the structural strength or lessen the value of the Building, cutshall not invalidate, drill intodiminish, or secure adversely affect any fixturewarranty applicable to the Building or any other improvements located within the Project, apparatusincluding any equipment therein, or equipment, or make alterations, improvements, or physical additions of any kind to any part and shall be performed in a manner causing Landlord and Landlord's agets and other tenants of the Premises (collectively, “Building the least interference and inconvenience practicable under the circumstances. In making any such Alterations”) without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alterationshall, which request must set forth in bold at Tenant's sole cost and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “expense:

Appears in 1 contract

Samples: Centre Office Lease (QCS Net Corp)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto Tenant covenants and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth belowagrees not to -------------------- improve, Tenant shall notchange, and shall not permit any Tenant Agent alter, add to, cutremove or demolish any improvements on the Leased Premises, drill into("Changes"), or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to any part of without the Premises (collectively, “Alterations”) without first obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditionedprovided Tenant complies with all conditions which may be imposed by Landlord, in its reasonable discretion, in connection with such consent; and unless Tenant pays to Landlord the reasonable costs and expenses of Landlord for architectural, engineering or delayedother consultants which may be reasonably incurred by Landlord in determining whether to approve any such Changes. If Landlord fails to respond to a request for such consent to a proposed Alteration within 10 business days after Landlord’s receipt of is given, no such request, the request Changes shall be deemed deniedpermitted unless Tenant shall have procured and paid for all necessary permits and authorizations from any governmental authorities having jurisdiction; unless such Changes will not reduce the value of the Shopping Center, and will not affect or impair existing insurance on the Shopping Center; and unless Tenant, at Tenant's sole cost and expense, shall maintain or cause to be maintained workmen's compensation insurance covering all persons employed in connection with the work and obtains liability insurance covering any loss or damage to persons or property arising in connection with any such Changes and such other insurance or bonds as Landlord may reasonably require. Notwithstanding Tenant covenants and agrees that any such Changes approved by Landlord shall be completed with due diligence and in a good and workmanlike fashion and in compliance with all conditions imposed by Landlord and all applicable permits, authorizations, laws, ordinances, orders, rules and regulations of governmental authorities having jurisdiction and that the foregoingcosts and expenses with respect to such Changes shall be paid promptly when due and that the changes shall be accomplished free of liens of mechanics and materialmen. Except as otherwise provided herein, Tenant covenants and agrees that all such Changes shall become the property of the Landlord at the expiration of the Lease Term or, if Landlord fails to respond within such 10 business-day periodso requests, Tenant may thereafter send shall, at or prior to Landlord a second written requesting approval expiration of the proposed AlterationLease Term and at its sole cost and expense, which request must set forth in bold remove such Changes and 14-point capitalized type on restore the first page thereof Leased Premises to their condition prior to such Changes. The provisions and requirements of paragraph 18 hereof, including but not limited to Tenant's obligation to secure a bond(s) indemnifying Landlord, shall apply to all Changes. All trade fixtures (including drapes) installed by or at the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails expense of Tenant, susceptible of being removed from the Leased Premises without substantial damage thereto, shall remain the property of Tenant and Tenant shall be entitled to respond to remove the Second Alteration Request within 10 business days after receipt same or any part thereof (“Second Alteration Request Response Period”), Landlord shall be deemed subject to have elected Landlord's option to consent to require the proposed Alterationremoval of same at Tenant's expense) at the expiration of the term of this Lease, provided Tenant shall otherwise have complied with all provisions there is then no existing default in the terms, covenants, conditions, provisions, and agreements of this Lease relating and provided that any damage to the Leased Premises caused by the installation, maintenance or removal of such Alterationstrade fixtures shall be repaired and restored forthwith by Tenant at its own expense. Notwithstanding Tenant's right to remove trade fixtures, the foregoingfollowing items shall not be removed and shall remain the property of the Landlord upon the termination of this Lease: all plumbing fixtures; all heating and air conditioning units, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the requestcontrols, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “wiring and ducting; all ceilings, light fixtures, lens and lighting tubes and bulbs; all glass doors and windows; all electrical outlets and wiring; and all carpets.

Appears in 1 contract

Samples: Retail Lease (Colorado Business Bankshares Inc)

Tenant’s Alterations. (a) The construction Tenant shall have the right, at its sole expense, from time to time, to make such non-structural interior alterations, additions, improvements and changes in such parts thereof as Tenant shall deem expedient or necessary for its purposes; provided, however, that such alterations, additions, improvements and changes when completed shall neither impair the structural soundness nor diminish the value of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereofBuilding. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall notnot make any structural or exterior alterations, and shall not permit any Tenant Agent to, cut, drill intoadditions, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to any part of the Premises (collectively, “Alterations”) changes without first obtaining the Landlord's prior written consent of Landlordconsent, which consent shall not be unreasonably withheld, conditioned, or delayed. If Landlord fails Tenant shall desire to respond make any alterations, additions or changes which are subject to a request for Landlord's consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day periodherein, Tenant may thereafter send to Landlord a second written requesting approval of shall deliver the proposed Alterationplans and specifications for such work to Landlord, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request extent such plans and specifications are required to be prepared in order to obtain all necessary governmental approvals and permits for such work. Landlord shall approve or disapprove such proposed plans and specifications within 10 business twenty (20) days after receipt thereof from Tenant. All permanent alterations, additions, or changes to the Premises shall be the property of Landlord and shall be surrendered with the Building upon the expiration or termination of this Lease, and Tenant shall have the right to remove all other alterations, additions, improvements, or changes, provided that subject to Section 12.4 below, Tenant shall repair any damage to the Building resulting from such removal. All such alterations, additions, or improvements shall be done in accordance with all applicable laws, rules, regulations, and orders, including applicable building codes; provided, however, that if any such applicable laws, rules, regulations, orders, or building codes shall require any alterations, additions, or improvements to portions of the Premises which are not included within the alterations, additions, or improvements to be performed by Tenant hereunder, including without limitation any required compliance with environmental laws, rules, regulations, or orders (“Second Alteration Request Response Period”)including any asbestos remediation or removal) or any required compliance with applicable laws concerning accommodations for disabled or handicapped persons, Landlord, at its sole cost and expense, shall perform all such alterations, additions, or improvements. Landlord shall execute and deliver upon request of Tenant such instrument or instruments embodying the approval of Landlord which may be deemed required by any public or quasi public authority for the purpose of obtaining any licenses or permits for the making of such alterations, additions, improvements, changes and/or installations in, to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “or upon said Premises.

Appears in 1 contract

Samples: Lease (Mazel Stores Inc)

Tenant’s Alterations. Tenant may, at any time and from time to time during the term of this Lease and at its sole cost and expense, make additions to or alterations, substitutions, removals or replacements of the Improvements ("Alterations") provided, however, that (a) The construction the total market value of the initial Leasehold Improvements Leased Premises shall not be lessened by reason of any such Alterations, (as defined in Exhibit Cb) any Alterations shall be governed by done in a good and workmanlike manner, (c) all such Alterations shall be expeditiously completed and in compliance with all applicable Laws, (d) the terms of Exhibit C attached hereto nature, scope and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to any part effect of the Premises (collectively, “Alterations”) without first obtaining the Alterations shall be subject to Landlord's prior written consent of Landlordconsent, which consent shall not be unreasonably withheld, conditioned, but which consent may be conditioned upon Tenant removing all or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval part of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on Alterations at its expense at the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions expiration or termination of this Lease relating and restoring the Leased Premises to the condition existing prior to the Alterations, (e) the plans and specifications for all Alterations shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably withheld, (f) all Alterations shall be completed by contractors and subcontractors reasonably acceptable to Landlord and further, as a condition of the approval of Alterations, Landlord may specify which contractors and subcontractors must be used with respect to the Alterations, (g) Tenant shall comply with all reasonable insurance requirements of Landlord, together with any other reasonable requirements of the holder of any mortgage covering the Leased Premises; and (h) Tenant shall promptly pay all costs and expenses and discharge any and all liens arising with respect to the construction of the Alterations. Title to all Alterations made by Tenant, except trade fixtures, shall become the property of Landlord at the termination of this Lease. Upon the request of Landlord, Tenant shall deposit with Landlord a surety bond or other security satisfactory to Landlord to assure the completion of any such Alterations. Notwithstanding the foregoingTenant shall procure and pay for all required permits, if Landlord notifies Tenant certificates and licenses in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “connection with Alterations.

Appears in 1 contract

Samples: Lease Agreement (Wareforce Com Inc)

Tenant’s Alterations. (a) The construction Tenant shall not make any alterations, additions or improvements to the Building or to the Premises, or any part thereof, or affix any object to the exterior, roof or structure of the initial Leasehold Improvements Building, without Landlord's prior consent in each instance, and in the event Landlord so consents, any alteration, addition, or improvement shall be of such good quality as if the alteration, addition, or improvement was made as part of the original Premises, or shall be as specified by Landlord in Landlord's sole discretion; provided, however, that Tenant may make minor interior changes to the Premises which do not impair the structural strength of the Building or, in Landlord's sole opinion, do not reduce the value of the Building or Premises. Any alterations, additions or improvements made by Tenant shall (as defined i) be in accordance with the specifications set forth in Exhibit CB-2 and (ii) immediately become the property of Landlord and shall remain upon the Premises or Landlord, at its election, may require Tenant to remove same and restore the Premises to their original condition, in which event Tenant shall comply with such requirement prior to the expiration or other termination of this Lease provided, however, that Landlord agrees that the Tenant Improvements shown herein to be governed undertaken by Tenant at the terms commencement of Exhibit C attached hereto this Lease shall remain on the Premises and made a part hereofshall not be removed by Tenant. Except for Notwithstanding that any alterations by Tenant to the Leasehold Premises or Tenant's Improvements and as otherwise set forth beloware, upon installation on the Premises, property of Landlord, Tenant shall not, have an insurable interest therein so that Tenant shall have the right to insure such alterations and Tenant's Improvements against fire or other casualty. Tenant shall not permit any Tenant Agent to, cut, cut or drill into, into or secure any fixturefixtures, apparatus, apparatus or equipment, or make alterations, improvements, or physical additions equipment of any kind in or to any part of the Premises (collectively, “Alterations”) without first obtaining the Landlord's written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayedconsent. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord Nothing herein shall be deemed to have elected to be a consent by Landlord to the proposed Alteration, provided filing of any lien upon the Premises or the Building due to Tenant's work and Tenant shall cause to be removed within ten (10) days after notice thereof any lien, including any mechanic's lien asserted against work performed upon the Premises, and, upon the failure of Tenant to do so, Landlord may, at its option, bond, discharge or otherwise have complied with remove such lien, and hold Tenant responsible for all costs and expenses in connection therewith, including reasonable attorneys'; fees. Tenant shall indemnify, hold harmless, and at Landlord's option, defend against any injury of, loss by, claim from, or damage to, Tenant, any employee of Tenant or any other person resulting from or arising out of, or in connection of any alteration by Tenant, or any Tenant's Improvements to the Premises. This indemnification shall be in addition to and not in limitation of the provisions of Section 22 of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “Lease.

Appears in 1 contract

Samples: Universal Security Instruments Inc

Tenant’s Alterations. Tenant shall not make, or suffer to be made, any alteration or addition to the Premises (a“Alterations”), or any part thereof, without obtaining Landlord’s prior written consent and delivering to Landlord the proposed architectural and structural plans for all such Alterations at least fifteen (15) The construction days prior to the start of construction. If such Alterations affect the structure of the initial Leasehold Improvements (as defined Building, Tenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in Exhibit C) shall be governed by reviewing Tenant’s plans. Notwithstanding anything to the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth belowcontrary contained in this lease, Tenant shall notbe entitled to construct Alterations which cost Tenant less than One Hundred Thousand Dollars ($100,000,00) in the aggregate each year, without obtaining Landlord’s consent, provided such Alterations do not affect the exterior of the Premises or adversely affect the structural integrity or life safety systems of the Premises. Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits, and provides Landlord reasonable security, in form reasonably approved by Landlord, to protect Landlord against mechanics lien claims. Tenant agrees to provide Landlord (i) written notice of the anticipated and actual start-date of the work, (ii) a complete set of half-size (15” X 21”) vellum as-built drawings, and (iii) a certificate of occupancy for the work upon completion of the Alterations if required by applicable law. All Alterations shall not permit any Tenant Agent tobe constructed in compliance with all applicable building codes and laws including, cutwithout limitation, drill intothe Americans with Disabilities Act of 1990. Upon the Expiration Date, or secure any fixtureall Alterations, apparatusexcept movable furniture and trade fixtures, or equipment, or make alterations, improvements, or physical additions of any kind to any shall become a part of the Premises (collectivelyrealty and belong to Landlord but shall nevertheless be subject to removal by Tenant as provided in Section 6 above. Alterations which are not deemed as trade fixtures include heating, “Alterations”) without first obtaining the written consent of Landlordlighting, which consent shall not be unreasonably withheldelectrical systems, conditionedair conditioning, walls, carpeting, or delayedany other installation which has become an integral part of the Premises. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request All Alterations shall be deemed denied. Notwithstanding the foregoingmaintained, if Landlord fails to respond within such 10 business-day period, replaced or repaired by Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold at its sole cost and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “expense.

Appears in 1 contract

Samples: Commencement Agreement (NeurogesX Inc)

Tenant’s Alterations. (a) The construction A. Nonstructural Alterations. From and after the completion of the initial Leasehold Improvements Building Work, upon prior written notice to Landlord for any nonstructural alteration in excess of $50,000.00 (as defined per instance or series of instances if a unified plan), and subject to the provisions of this Section “25.A”, and provided Tenant is not in Exhibit C) shall be governed by default under the terms of Exhibit C attached hereto this Lease beyond any applicable grace or cure period, Tenant may from time to time make such nonstructural alterations and made additions to the Demised Premises as Tenant deems appropriate, in or to the interior of the Demised Premises, using reputable licensed contractors or mechanics. For any nonstructural alteration in excess of $50,000.00 (per instance or series of instances if a part hereof. Except for the Leasehold Improvements and as otherwise set forth belowunified plan), Tenant shall not, submit in writing to Landlord a description of its intended plans for Landlord’s review and shall not permit any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to any part of the Premises (collectively, “Alterations”) without first obtaining the written consent of Landlordapproval, which consent shall not be unreasonably withheld, conditioned, withheld or delayed. If Tenant shall reimburse Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed denied. Notwithstanding the foregoingreasonable fee charged by its architect, if Landlord fails to respond within such 10 business-day periodany, in reviewing Tenant’s proposed plans. After Tenant’s plans have been approved by Landlord, Tenant may thereafter send to shall make no material change in any of Tenant’s plans without the prior written consent of Landlord a second written requesting approval of the proposed Alterationin each instance, which request must set forth in bold shall not be unreasonably withheld or delayed. Tenant shall, at its expense, before making any such nonstructural alterations and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond additions to the Second Alteration Request within 10 business days after receipt thereof Demised Premises, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof, and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord. At no time shall Tenant make structural installations, alterations, or additions to the Demised Premises, except as provided in Section Second Alteration Request Response Period25.B), below. For purposes hereof, periodic redecorating, painting or recarpeting, which Tenant may do at its sole cost from time to time during the Term, shall not require notice to or consent of Landlord. Tenant and not Landlord shall be deemed responsible for those nonstructural alterations and additions made by Tenant and any structural repairs the need for which shall result from such installations, alterations or additions. In no event shall Landlord’s approval of any proposed installations, alterations or additions to the Demised Premises constitute a representation by Landlord that such work complies with the requirements of any applicable law or regulation, including, without limitation, the requirements of the Americans with Disability Act. Any installations, alterations or additions made by Tenant shall be at Tenant’s sole cost and expense, shall be done in a good and workmanlike manner and in compliance with the requirements of Section “18”, above, and shall be compatible with the Building. Tenant shall not suffer or permit any mechanics’ or similar liens to be placed upon the Demised Premises for labor or materials furnished to Tenant or claimed to have elected been furnished to consent Tenant in connection with work of any character performed or claimed to have been performed at the direction of Tenant, and shall cause any such lien to be released of record forthwith without cost to Landlord. Any and all Tenant installations, alterations, and additions, in or to the proposed AlterationDemised Premises, provided that are intended to become or do become part of the real estate or fixtures therein (other than trade fixtures that are readily removable without damage to the Demised Premises) including, but not limited to, equipment, appliances, and machinery, shall, upon the expiration of the Term, be fully paid for and free and clear of any and all chattel mortgages, conditional bills of sale security interests, or any liens or encumbrances of any kind or nature. At all times when any installation, alterations, or addition by Tenant is in progress, there shall otherwise have complied with be maintained, at Tenant’s cost and expense, insurance meeting the requirements of Section “11” below and any other form of insurance coverage reasonably required by Landlord and certificate of insurance evidencing such coverage shall be furnished to Landlord prior to the commencement of any such work. Any installations, alterations or additions made by Tenant to the Demised Premises, including, without limitation, all provisions utility systems, fixtures, machinery, equipment, and appliances installed in connection therewith, other than personal property that can be removed without material damage, shall become the property of Landlord at the termination or expiration of this Lease relating (without any obligation by Landlord to pay compensation therefor to Tenant), unless Landlord elects, either at the time of Landlord’s approval of such work or upon the Expiration Date or earlier date of Lease termination to relinquish Landlord’s right thereto and to have them removed by Tenant, at Tenant’s expense. Tenant’s obligation to remove such nonstructural alterations shall survive the expiration or termination of this Lease if same is not completed by the Expiration Date or earlier date of Lease termination. Upon removal of any and all Tenant installations, alterations, and additions from the Demised Premises, or upon removal of other installations as may be required by Landlord, Tenant shall immediately, and at its expense, repair any damage to the Demised Premises or the Building due to such Alterationsremoval. Notwithstanding All property or required to be removed by Tenant at the foregoingend of the Term shall removed from the Demised Premises by Tenant, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “at Tenant’s expense.

Appears in 1 contract

Samples: Agreement of Lease (Icon PLC /Adr/)

Tenant’s Alterations. Tenant shall not make, or suffer to be made, any alteration or addition to the Premises (a“Alterations”), or any part thereof, without obtaining Landlord’s prior written consent and delivering to Landlord the proposed architectural and structural plans for all such Alterations at least fifteen (15) The construction days prior to the start of construction. If such Alterations affect the structure of the initial Leasehold Improvements (as defined Building, Tenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in Exhibit C) shall be governed by reviewing Tenant’s plans. Notwithstanding anything to the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth belowcontrary contained in this lease, Tenant shall notbe entitled to construct Alterations which cost Tenant less than One Hundred Thousand Dollars ($100,000.00) in the aggregate each year, without obtaining Landlord’s consent, provided such Alterations do not affect the exterior of the Premises or adversely affect the structural integrity or life safety systems of the Premises. Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits, and provides Landlord reasonable security, in form reasonably approved by Landlord, to protect Landlord against mechanics’ lien claims. Tenant agrees to provide Landlord (i) written notice of the anticipated and actual start-date of the work, (ii) a complete set of half-size (15” X 21”) vellum as-built drawings, and (iii) a certificate of occupancy for the work upon completion of the Alterations if required by applicable law. All Alterations shall not permit any Tenant Agent tobe constructed in compliance with all applicable building codes and laws including, cutwithout limitation, drill intothe Americans with Disabilities Act of 1990. Upon the Expiration Date, or secure any fixtureall Alterations, apparatusexcept movable furniture and trade fixtures, or equipment, or make alterations, improvements, or physical additions of any kind to any shall become a part of the Premises (collectivelyrealty and belong to Landlord but shall nevertheless be subject to removal by Tenant as provided in Section 6 above. Alterations which are not deemed as trade fixtures include heating, “Alterations”) without first obtaining the written consent of Landlordlighting, which consent shall not be unreasonably withheldelectrical systems, conditionedair conditioning, walls, carpeting, or delayedany other installation which has become an integral part of the Premises. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request All Alterations shall be deemed denied. Notwithstanding the foregoingmaintained, if Landlord fails to respond within such 10 business-day period, replaced or repaired by Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold at its sole cost and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “expense.

Appears in 1 contract

Samples: Commencement Agreement (Guidewire Software, Inc.)

Tenant’s Alterations. (a) The construction Tenant shall have the right, at its sole expense, from time to time, to redecorate the Premises and to make such alterations, additions, improvements and changes in such parts thereof as Tenant shall deem expedient or necessary for its purposes, subject to Landlord's prior approval; provided, however, that such alterations, additions, improvements and changes when completed shall neither impair the structural soundness nor diminish the value of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by Premises. Upon the terms expiration of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth belowthis Lease, Tenant shall notmay, and shall not permit any Tenant Agent toat its option, cutremove all such redecorations, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvementsadditions, or physical additions of any kind to any part of the Premises (collectively, “Alterations”) without first obtaining the written consent of Landlord, which consent improvements and changes. Tenant shall not be unreasonably withheld, conditioned, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of repair all damage caused by such request, the request shall be deemed deniedremoval. Notwithstanding the foregoing, if all floor and wall coverings, sinks, vanities, light fixtures (other than special decorative lighting fixtures), and the complete electrical, plumbing, air conditioning and heating systems, including ducts, diffusers, grills, controls and all other equipment and parts related to such systems, shall be and remain in the Premises at all times for the benefit of Landlord. All such alterations, additions, or improvements shall be done in accordance with all applicable laws, rules regulations, and orders, including applicable building codes. Landlord fails shall execute and deliver upon request of Tenant such instrument or instruments embodying the approval of Landlord which may be required by any public or quasi public authority for the purpose of obtaining any licenses or permits for the making of such alterations, additions, improvements, changes and/or installations in, to respond within or upon said Premises and Tenant agrees to pay for such 10 business-day periodlicenses or permits. Tenant will indemnify and hold Landlord harmless from and against all claims by reason of such alterations, additions, or improvements which may be made by Tenant on the Premises, and Tenant shall promptly repair any damage to the Premises caused by any such alterations, additions, improvements, or changes. Anything contained in this Section to the contrary notwithstanding, Tenant may thereafter send shall not make changes to Landlord a second written requesting approval of the proposed Alterationexterior or structural portions for the Premises without Landlord's prior approval, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord approval shall not be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “withheld or delayed unreasonably.

Appears in 1 contract

Samples: Lease (Oragenics Inc)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit make any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, additions or other physical additions of any kind to any part of changes in or about the Premises (collectively, “Alterations”"ALTERATIONS") other than decorative Alterations such as painting, wall coverings and floor coverings (collectively, "DECORATIVE ALTERATIONS"), without first obtaining the written consent of Landlord's prior consent, which consent shall not be unreasonably withheldwithheld if such Alterations (i) are non-structural and do not affect any Building Systems, conditioned(ii) affect only the Premises and are not visible from outside of the Premises, (iii) do not affect the certificate of occupancy issued for the Building or delayedthe Premises, and (iv) do not violate any Requirement. Landlord's consent shall not be required for any Alterations ("ACCEPTABLE ALTERATIONS") which are non-structural and (a) do not affect Building Systems, (b) affect only the Premises and are not visible from outside of the Premises, (c) do not affect the certificate of occupancy issued for the Building or the Premises, and (d) do not violate any Requirement or cause the Premises or Building to be non-compliant with any Requirement, provided that the cost of such Alterations (and the cost of any Alterations which are part of a single unified project shall be aggregated for the purpose of determining cost) does not exceed $100,000. If the performance of any Alterations requires access by Tenant to space occupied by any other party, then Landlord fails will cooperate with Tenant, at no cost to respond Landlord, to a request for consent effectuate such access, subject to a proposed Alteration within 10 business days after Landlord’s receipt the lease of the occupant of such request, space and the request shall be deemed deniedprovisions of this Lease. Notwithstanding In the foregoing, if Landlord fails event that the occupant of such space refuses to respond within such 10 business-day period, grant Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond access to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”)space occupied by such party, then, at Tenant's request, Landlord shall be deemed exercise the rights, if any, that it may have under its lease with such occupant to have elected enter the space and perform the Alterations on behalf of Tenant. Tenant shall reimburse Landlord, within thirty (30) days after demand, for all reasonable out-of-pocket costs actually incurred by Landlord in connection with the performance of such Alterations. Tenant further agrees to consent indemnify, defend, protect, and hold harmless each of the Indemnitees from any claims arising out of the performance of such Alterations by Landlord on behalf of Tenant, except to the proposed Alterationextent the claim arises out of the negligence or willful misconduct of Landlord. However, provided Tenant the performance of all Acceptable Alterations shall otherwise have complied with be subject to all of the other provisions of this Lease relating including, without limitation, the obligation to such Alterationsfurnish Landlord with plans and specifications therefor if the preparation of plans and specifications are required by any Requirements. Notwithstanding the foregoing, if Tenant shall also deliver to Landlord notifies Tenant upon request copies of contracts in writing within the Second Alteration Request Response Period order that Landlord requires additional time to review can confirm that the requestAlterations in question are, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “in fact, Acceptable Alterations.

Appears in 1 contract

Samples: Lease (Franklin Resources Inc)

Tenant’s Alterations. (a) The construction Subject to Landlord’s prior written approval, Tenant may make, at its expense, additional improvements or alterations to the Premises which it may deem necessary or desirable. Landlord’s approval to any improvements or alterations may be withheld in Landlord’s sole discretion if such improvements or alterations require any other alteration, addition, or improvement to be performed or made to any portion of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by Building other than the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit Premises or any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to any part non-leased portion of the Premises Building (collectivelye.g., “Alterations”risers, plenum or utility closets) without first obtaining the written consent of Landlord, which consent but shall otherwise not be unreasonably withheld, conditioned, conditioned or delayed. If Any repairs or new construction by Tenant shall be done in compliance with all applicable laws, rules, and regulations (including, without limitation, the Americans with Disabilities Act of 1990 (the “ADA”) and in conformity with plans and specifications reasonably approved by Landlord fails to respond to and shall be performed by a request for licensed contractor reasonably approved by Landlord; provided, however, Landlord’s consent to a proposed Alteration within 10 business days after any alterations or improvements, or Landlord’s receipt approval of plans and specifications for such requestalterations or improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules, and regulations (including, without limitation, the request ADA). All work performed shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord done in a second written requesting approval workmanlike manner and with materials of the proposed Alteration, which request must set forth in bold quality and 14-point capitalized type appearance as exist throughout the Premises. Landlord may require Tenant to remove and restore any improvements or alterations on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions termination of this Lease relating to such Alterations. Notwithstanding the foregoing, if in accordance with Section 13.2 below provided Landlord notifies has notified Tenant in writing within of same at the Second Alteration Request Response Period that Landlord requires additional time of Landlord’s approval. However, in no event shall Tenant be required to review remove or restore any of the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “Tenant Improvements performed pursuant to Exhibit C.

Appears in 1 contract

Samples: Office Lease Agreement (NanoString Technologies Inc)

Tenant’s Alterations. (a) The construction Tenant shall not make or perform, or permit the making or performance of, any Alterations without Landlord's prior consent. Notwithstanding the foregoing provisions of this subsection or Landlord's consent to any Alterations, all Alterations made during the initial Leasehold Improvements (as defined in Exhibit C) Term shall be governed made and performed in conformity with and subject to the following provisions: (i) all Alterations shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Landlord may reasonably designate; (ii) all Alterations shall be made only by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth belowcontractors or mechanics approved by Landlord, Tenant such approval not to be unreasonably withheld or delayed; (iii) no Alteration shall not, and shall not permit any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to affect any part of the Building other than the Leased Premises or adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building; (collectively, “Alterations”iv) Tenant shall submit to Landlord reasonably detailed plans and specifications for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, which approval will not be unreasonably withheld or delayed, but Landlord shall have the written right to withhold its consent to Alterations involving structural changes or changes affecting the Common Areas or the exterior of the Building for any reason whatsoever; (v) notwithstanding Landlord's approval of plans and specifications for any Alteration, all Alterations shall be made and performed in full compliance with all Legal Requirements and Insurance Requirements and in accordance with the Rules and Regulations; and (vi) Tenant shall require any contractor performing Alterations to carry and maintain at all times during the performance of the Alterations, at no expense to Landlord, such insurance as Landlord in its sole discretion may require. In the event of any dispute between the parties as to whether or not Landlord has acted reasonably in any case with respect to which consent Landlord is required, pursuant to the provisions of this subsection (a) to do so, Tenant's sole remedy shall be to submit such dispute to arbitration pursuant to Section 28. If the determination in any such arbitration shall be adverse to Landlord, Landlord nevertheless shall not be unreasonably withheldliable to Tenant for breach of Landlord's covenant to act reasonably, conditioned, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of and Tenant's sole remedy in such request, the request event shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of proceed with the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “.

Appears in 1 contract

Samples: Guardian Technologies International Inc

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make no alterations, improvements, additions or physical additions of any kind improvements to any part of the Premises or the Project (collectivelythe "Alterations"), “Alterations”) without first obtaining the prior written consent of Landlord, Landlord which consent shall not be unreasonably withheld. Tenant shall submit any such request to Landlord at least twenty (20) days prior to the commencement of the Alterations. Landlord may impose, conditionedas a condition to its consent, or delayed. If and at Tenant's sole cost, such requirements as Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such requestmay deem necessary in its reasonable judgment, including the manner in which the Alterations are done, the request shall material to be deemed denied. Notwithstanding used, plans from the foregoingBuilding architect and contractor by whom the work is to be performed and the times during which the work is to be accomplished, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of all plans and specifications, and the proposed Alteration, which request must set forth in bold procurement of all licenses and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”)permits. If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed entitled to have elected or to consent require Tenant to post notices on and about the Premises with respect to Landlord's non-liability for the Alterations and Tenant shall not permit those notices to be defaced or removed. Tenant further agrees not to connect any apparatus, machinery or device to the proposed AlterationBuilding systems, provided including electric wires, water pipes, fire, safety, heating and mechanical systems, without the prior written consent of Landlord which consent shall not be unreasonably withheld. Alterations which Tenant is permitted to make shall be performed in a good and workmanlike manner and in compliance with this Lease. If any Alterations are made without the prior written consent of Landlord, Landlord may correct or remove those Alterations, and Tenant shall otherwise have complied pay the amount of any and all expenses incurred by Landlord in the performance of this work to Landlord as additional rent. All Alterations shall be made (i) at Tenant's sole expense, (ii) at such times, in such manner, and pursuant to such rules and regulations as Landlord may designate, (iii) in a good, work-manlike, first class and prompt manner, (iv) using new materials only, (v) in' accordance with all provisions applicable legal requirements and the requirements of this Lease relating to any insurance company insuring the Building, (vi) in accordance with Landlord's then current construction rules and (vii) and only by such Alterations. Notwithstanding the foregoingcontractors, if Landlord notifies Tenant subcontractors, or mechanics as are approved in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the requestby Landlord. Approval of contractors, then the Second Alteration Request Response Period subcontractors or mechanics by Landlord, which approval may not be unreasonably withheld, shall be extended by an additional 10 business daysbased upon the contractors or mechanics being properly licensed, their financial condition, experience and past job performance. Alterations shall be installed in accordance with all code and insurance requirements. Tenant shall obtain any necessary permits and furnish copies of the permits to Landlord prior to commencement of any such work. Tenant shall also cause to be posted on the Premises a notice of nonresponsibility on behalf of Landlord in accordance with C.R.S. 93 8-22- 1 O5(2), as amended.

Appears in 1 contract

Samples: Office Lease (Xedar Corp)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, without Landlord’s prior consent, make any alterations, improvements or additions in or about the Premises. As a condition to giving such consent, Landlord may require that Tenant remove any such alterations, improvements or additions at the expiration of the term, and to restore the Premises to their prior condition. Before commencing any work relating to alterations, additions or improvements affecting the Premises, Tenant shall notify Landlord of the expected date of commencement thereof and of the anticipated cost thereof, and shall furnish complete drawings and specifications describing such work as well as such information as shall reasonably be requested by Landlord substantiating Tenant’s ability to pay for such work. Tenant shall not permit commence any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind such work until Landlord has reviewed and consented to any part of the Premises (collectively, “Alterations”) without first obtaining the written consent of Landlordwork as described in such drawings and specifications, which consent shall not unreasonably be unreasonably withheld, conditioned, conditioned or delayed. If Tenant shall reimburse Landlord fails within thirty (30) days following its demand for any costs incurred by Landlord in having such drawings and specifications reviewed by its consultants. Tenant shall give Landlord at least five (5) business days’ notice prior to respond commencing any of Tenant’s Alterations and Landlord shall then have the right at any time and from time to a request for consent time to a proposed Alteration within 10 business days after Landlord’s receipt of post and maintain on the Premises such requestnotices as Landlord reasonably deems necessary to protect the Premises, the request Building and Landlord from mechanics’ liens or any other liens. In any event, Tenant shall pay when due all claims for labor or materials furnished to or for Tenant at or for use in the Premises. Tenant shall not permit any mechanics’ liens to be levied against the Premises for any labor or materials furnished to Tenant or claimed to have been furnished to Tenant or to Tenant’s agents or contractors in connection with work performed or claimed to have been performed on the Premises by or at the direction of Tenant. All alterations, improvements or additions in or about the Premises performed by or on behalf of Tenant shall be deemed denieddone by contractors designated or approved by Landlord, in a first-class, workmanlike manner which does not disturb or interfere with other tenants and is in compliance with all applicable laws, ordinances, regulations and orders of any governmental authority having jurisdiction thereover, as well as the requirements of insurers of the Premises and the Building. Notwithstanding Prior to commencing any such work, if required by Landlord, Tenant shall purchase and thereafter maintain builder’s risk insurance in an amount no less than the foregoingvalue of the completed work of alteration, addition or improvement on an all-risk basis, covering all perils then customarily covered by such insurance. In addition, prior to the commencement of any such work, if Landlord fails to respond within such 10 business-day periodso requests, Tenant may thereafter send shall furnish to Landlord performance and payments bonds in forms and issued by a second written requesting approval surety reasonably acceptable to Landlord in an amount equal to the cost of such work of alteration, improvement or addition. Notwithstanding anything in this Section 8 to the contrary, upon Landlord’s request, Tenant shall remove any contractor, subcontractor or material supplier from the Premises and the Building if the work or presence of such person or entity results in labor disputes in or about the Building or damage to the Premises or the Building. Upon completion of work performed for Tenant, at Landlord’s request Tenant shall deliver to Landlord evidence of full payment therefor and full and unconditional waivers and releases of liens for all labor, services and/or materials used. Unless Landlord requires their removal, as set forth above, all alterations, improvements or additions which may be made on the Premises shall, at Landlord’s option, become the property of Landlord and remain upon and be surrendered with the Premises at the termination or expiration of the proposed Alterationterm; provided, however, that Tenant’s machinery, equipment and trade fixtures, other than any which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond may be affixed to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”)Premises so that they cannot be removed without material damage to the Premises, Landlord shall remain the property of Tenant and shall be deemed to have elected to consent to the proposed Alteration, provided removed by Tenant shall otherwise have complied with all provisions of this Lease relating to on or before such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “time.

Appears in 1 contract

Samples: Village Industrial Gross Lease (Celera CORP)

Tenant’s Alterations. Tenant shall make no alteration, additions or improvement (a“Tenant Improvements”) The construction to the Leased Space without the consent of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to any part of the Premises (collectively, “Alterations”) without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, conditioned or delayed; provided, however, Tenant may make cosmetic or decorative alterations to the Leased Space which do not affect the structure or systems of the Building and are not visible outside the Leased Space without the consent of Landlord. If Landlord fails consents to respond such Tenant Improvements it may impose such conditions with respect thereto as Landlord deems reasonably appropriate, including, without limitation, requiring Tenant to a request furnish Landlord with reasonable evidence of the availability of finds to pay all cost to be incurred in connection with such work, insurance, and copies of the plans, specifications and permits necessary for such work. Tenant Improvements shall be done at Tenant’s expense by employees of or contractors hired by Landlord, except to the extent that Landlord gives prior written consent to a proposed Alteration within 10 business days after the Tenant to hire its own contractors, which shall not be unreasonably withheld, conditioned or delayed in connection with work not affecting the structure or systems of the Building, Tenant shall promptly pay to Landlord, or to Tenant’s contractors, as the case nay be, the cost of all such work, and shall pay to Landlord in addition thereto Landlord’s receipt standard hourly charges for the involvement of employees or Landlord or its affiliate in reviewing plans and inspecting the work to reimburse Landlord for all overhead, general conditions, fees and other expenses arising from Landlord’s involvement with such work. All Tenant Improvements shall be done in a first class, workmanlike manner and shall comply with all insurance requirements and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and if performed by Tenant’s contractors hired with Landlord’s consent, with all reasonable requirements of Landlord imposed as a condition of such requestconsent. All Tenant Improvements shall become a part of the Leased Space when made and shall remain upon and be surrendered with the Leased Space at the end of the Term, the request shall be deemed denied. Notwithstanding the foregoingprovided, however, if prior to the installation of a Tenant Improvement, Landlord fails so directs by written notice to respond within such 10 business-day periodTenant, that upon termination of this Lease, Tenant may thereafter send shall promptly remove said Tenant Improvement which was so designated by Landlord in said written notice to Landlord a second written requesting approval of the proposed AlterationTenant. Tenant shall repair any damage occasioned by such removal, which request must set forth and, in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”)default thereof, Landlord may effect said removal and repairs at Tenant’s expense. Any property left in the Leased Space by the Tenant shall be deemed to have elected been abandoned; Landlord may dispose of such property at Tenant’s expense and without notice to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “Tenant.

Appears in 1 contract

Samples: Lease (Longport Inc)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth belowMinor Alterations which require no prior consent or approval from Landlord, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill intomake or perform, or secure permit the making or performance of, any fixtureAlterations without Landlord's prior consent. Notwithstanding the foregoing provisions of this subsection or Landlord's consent to any Alterations, apparatusall Alterations made during the Term shall be made and performed in conformity with and subject to the following provisions: (i) all Alterations shall be made and performed at Tenant's sole cost and expense and, except for Minor Alterations, at such time and in such manner as Landlord may reasonably designate; (ii) all Alterations, except for Minor Alterations, shall be made only by contractors or equipment, or make alterations, improvements, or physical additions of any kind to mechanics approved by Landlord; (iii) no Alteration shall affect any part of the Building other than the Leased Premises or adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building; (collectivelyiv) all business machines and mechanical equipment shall be placed and maintained by Tenant in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, “Alterations”noise and annoyance to other tenants or occupants of the Building; (v) Tenant shall submit to Landlord reasonably detailed plans and specifications for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, which approval will not be unreasonably withheld or delayed, but Landlord shall have the written right to withhold its consent to Alterations involving structural changes or changes affecting the Common Areas or the Building for any reason whatsoever; (vi) all Alterations in or to the electrical facilities in or serving the Leased Premises shall be subject to the provisions of Section 5(b); (vii) notwithstanding Landlord's approval of plans and specifications for any Alteration, all Alterations shall be made and performed in full compliance with all Legal Requirements and Insurance Requirements and in accordance with the Rules and Regulations; (viii) all materials and equipment to be incorporated in the Leased Premises as a result of all Alterations shall be of good quality; (ix) Tenant shall require any contractor performing Alterations to carry and maintain at all times during the performance of the Alterations, at no expense to Landlord, (I) a policy of Commercial General Liability Insurance, including contractor's liability coverage, completed operations coverage and contractor's protective liability coverage, naming Landlord and (at Landlord's request) the Additional Insureds, as additional insureds, with such policy to afford protection to the limit of not less than $5,000,000 combined single limit annual aggregate for bodily injury, death and property damage, and (II) workmen's compensation or similar insurance in the form and amounts required by the laws of the Jurisdiction in which consent the Building is located; (x) except as to Minor Alterations, Tenant shall carry (or shall cause its contractor to carry) at all times during the performance of the Alterations, at no expense to Landlord, a policy of Builders Risk Insurance written on the Completed Value Form covering the Alterations in an amount equal to 100% of the replacement cost thereof; and (xi) if the estimated cost of an Alteration exceeds $100,000, Tenant shall, before commencement of work, at Tenant's sole cost and expense, furnish to Landlord a surety company performance and payment bond, issued by a surety company reasonably acceptable to Landlord, or other security satisfactory to Landlord, in an amount at least equal to the estimated cost of the Alteration, or a guaranty satisfactory to Landlord guaranteeing the completion thereof within a reasonable time, free and clear of all liens and in accordance with the plans and specifications approved by Landlord. In the event of any dispute between the parties as to whether or not Landlord has acted reasonably in any case with respect to which Landlord is required, pursuant to the provisions of this subsection (a) to do so, Tenant's sole remedy shall be to submit such dispute to arbitration pursuant to Section 28. If the determination in any such arbitration shall be adverse to Landlord, Landlord nevertheless shall not be unreasonably withheldliable to Tenant for breach of Landlord's covenant to act reasonably, conditioned, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of and Tenant's sole remedy in such request, the request event shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of proceed with the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “.

Appears in 1 contract

Samples: Lease Agreement (Sylvan Learning Systems Inc)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill intomake, or secure suffer to be made, any fixture, apparatus, alteration or equipment, or make alterations, improvements, or physical additions of any kind addition to any part of the Premises (collectively, “Alterations”) ), or any part thereof, without first obtaining the Landlord’s prior written consent of Landlordconsent, which consent shall not be unreasonably withheld, conditionedconditioned or delayed, and delivering to Landlord the proposed architectural and structural plans for all such Alterations at least fifteen (15) days prior to the start of construction. If such Alterations affect the structure of the Building, Tenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in reviewing Tenant’s plans. After obtaining Landlord’s consent, which consent shall state whether or not Landlord will require Tenant to remove such Alteration at the expiration or earlier termination of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits, and provides Landlord reasonable security, in form reasonably approved by Landlord, to protect Landlord against mechanics’ lien claims. Tenant agrees to provide Landlord (i) written notice of the anticipated and actual start-date of the work, (ii) a complete set of half-size (15” X 21”) vellum as-built drawings (provided, however, that Landlord shall not require Tenant to update any of Landlord’s existing “as-built” drawings), and (iii) a certificate of occupancy for the work upon completion of the Alterations. All Alterations shall be constructed by a licensed general contractor in compliance with all applicable building codes and laws including, without limitation, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all Alterations, except movable furniture and trade fixtures (including Tenant’s phone switch and security systems), shall become a part of the realty and belong to Landlord but shall nevertheless be subject to removal by Tenant as provided in Section 6 above. Alterations which are not deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, walls, carpeting, or delayedany other installation which has become an integral part of the Premises. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request All Alterations shall be deemed deniedmaintained, replaced or repaired by Tenant at its sole cost and expense. Notwithstanding The parties acknowledge that Tenant intends to make certain improvements to the foregoing, if Landlord fails Premises (“Initial Alterations”) prior to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval initial occupancy of the proposed AlterationPremises, which request must set forth in bold and 14-point capitalized type as shown on the first page thereof the following statement: attached Exhibit SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration RequestB). If Landlord then fails hereby consents to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed such Initial Alterations and waives any right to have elected to consent to such Initial Alterations removed at the proposed Alterationexpiration or sooner termination of this Lease, provided Tenant shall otherwise have complied first obtains all necessary governmental approvals and permits associated with construction, and thereafter complies with all provisions of the items (i), (ii) and (iii) of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “Section 7.A.

Appears in 1 contract

Samples: Terayon Communication Systems

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) Tenant shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except responsible for the Leasehold Improvements interior improvements, after occupancy by Tenant, and except for the installation and location of signs, equipment, counters and other removable trade fixtures, and except as otherwise set forth belowherein mentioned, Tenant shall not, and shall not permit neither make any Tenant Agent to, cut, drill into, alteration on or secure additions to the leased premises nor make any fixture, apparatus, agreement or equipment, or make alterations, improvements, or physical additions of any kind to any part of the Premises (collectively, “Alterations”) contract therefore without first obtaining the Landlord's prior written consent of Landlordconsent, which said consent shall not be unreasonably withheld. All alterations, conditionedadditions or improvements made by Tenant to or upon the leased premises, (except signs, equipment, counters, other removable trade fixtures and interior decorations which shall remain the property of Tenant and removable by them) shall at once, when made or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such requestinstalled, the request shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent attached to the proposed Alterationfreehold and become Landlord's property. At the termination of this Lease, provided and without notice, Tenant shall otherwise have complied with immediately remove all provisions their property. If Tenant fails to do so, Landlord may (upon notice) remove and store the same at Tenant's expense. Tenant will promptly reimburse Landlord for the expense of such removal and storage, upon receiving Landlord's statement. If tenant fails to pay for such expense within ten (10) days of receiving Landlord's statement therefore, Landlord may sell Tenant's said property to pay such expenses and any other amounts owing to Landlord by Tenant. It is further agreed that anything remaining upon or removed from the leased premises thirty days after the termination of this Lease relating shall become the property of Landlord, at Landlord's option, subject to such Alterations. Notwithstanding the foregoing, if rights reserved to Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “this Lease hereinbefore set forth.

Appears in 1 contract

Samples: Commercial Lease Agreement (Insurance Management Solutions Group Inc)

Tenant’s Alterations. After completion of the initial construction of Improvements, Tenant shall have the right during the Lease term to make changes and alterations to the Improvements and to construct and maintain on the Premises such additional improvements, fixtures and facilities as Tenant, in its reasonable business judgment, deems desirable for the operation of the Premises in accordance with this Lease. Tenant shall have the right during the Lease term to remove the same or any part thereof; provided that upon such removal, the same shall be replaced by Tenant with similar improvements, fixtures or facilities of at least equal utility, value and quality, excepting fixtures or facilities removed because of obsolescence. Prior to any such changes, alterations or additions, Tenant shall first obtain all required Permits and, if any such change, alteration, addition or removal is either: (a) The structural in nature; (b) involves any modification in the appearance of the exterior of the premises; or (c) the estimated cost of any non-structural or interior change, alteration, addition or removal exceeds Fifty Thousand ($50,000) dollars. Tenant shall obtain Landlord’s written approval. All exterior modifications and additions shall be architecturally harmonious with the buildings in Technology Park II, if any, and, as to any addition to Tenant’s main building, the existing building. All additions and improvements shall be at the approximate height of and construction of materials consistent with the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms initially constructed. Landlord’s approval of Exhibit C attached hereto Tenant’s plans and made a part hereof. Except specifications for the Leasehold Improvements and as otherwise set forth belowany such changes, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill into, alterations or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to any part of the Premises (collectively, “Alterations”) without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to reasonably withheld consent to any addition, modification or improvement requested by Tenant for any reasonable justification, including, without limitation, any of the following: (a) if the proposed Alterationimprovements are inconsistent with any of the requirements of Landlord’s design criteria in effect on the date of the improvement; (b) if the proposed addition or modification will result in the breach of the terms and conditions of any lease, provided Tenant shall otherwise have complied with all provisions reciprocal easement or operating agreement, mortgage, or other agreement to which Landlord is a party; (c) if Landlord is not able to obtain the consent of any party to any lease, reciprocal easement or operating agreement, mortgage, or other agreement required before the proposed addition can be constructed; (d) if the proposed construction will result in the violation of any covenant, term or condition of this Lease relating including all then existing parking requirements; (e) if Tenant fails to such Alterations. Notwithstanding provide adequate evidence of financing for the foregoingImprovements; (f) if Tenant fails to provide adequate financial security, including a payment bond, if Landlord notifies Tenant in writing within requested, assuring payment of all contractors and suppliers supplying labor or materials for the Second Alteration Request Response Period that Landlord requires additional improvement; (g) if at the time to review of the request, then Tenant is in violation of any term or condition of this Lease; or with respect to any exterior addition or modification to the Second Alteration Request Response Period Premises if, in Landlord’s judgment, the proposed modification or addition will either: (1) impede access in and around Technology Park II or to properties adjacent to the Premises; (2) conflict with planned additions to Technology Park II; (3) not be architecturally harmonious with and of the same quality as other buildings in Technology Park II. All such changes, alterations, additions and removals permitted hereunder and/or approved by Landlord shall be extended performed by an additional 10 business daysTenant at Tenant’s sole cost and expense and in compliance with all Governmental Requirements. Nothing contained in this Section shall relieve Tenant of its obligations elsewhere set forth in this Lease.

Appears in 1 contract

Samples: Ground Lease (Alien Technology Corp)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall notnot make any additions, and shall not permit any Tenant Agent to, cut, drill intoalterations, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to any part of improvements (the Premises (collectively, “Alterations”) to the Premises without first obtaining the written prior consent of Landlord, which consent shall be requested by Tenant at least thirty (30) days prior to the commencement of any work and such request for consent shall include (A) Tenant’s proposed plans and specifications for the Alterations, (B) a detailed critical path construction schedule containing the major components of the Alterations and the time required for each, including the scheduled construction commencement date, milestone dates and the estimated completion date, (C) an itemized statement of estimated construction costs, including fees for permits and architectural and engineering fees, (D) for Alterations anticipated to cost in excess of $50,000, evidence satisfactory to Landlord of Tenant’s ability to pay the cost of the Alterations, (E) the names and addresses of Tenant’s contractors (and said contractors’ subcontractors) and materialmen providing specialty materials to be engaged by Tenant for the Alterations (individually, a “Tenant Contractor,” and collectively, “Tenant’s Contractors”); however, Landlord may designate a list of pre-approved contractors for any portions of the Alterations involving any Building’s structure or the Building Systems, and (F) certificates of insurance, evidencing the insurance required under this Article 11. Landlord’s consent to the Alterations (and Landlord’s approval of Tenant’s plans and specifications therefor) shall not be unreasonably withheld, conditionedconditioned or delayed and any changes or modifications to the Alterations or such plans or specifications thereafter shall require Landlord’s approval (which shall not be unreasonably withheld). Landlord’s review and approval of the plans and specifications for the Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed deniedcompliance with all Laws. Notwithstanding the foregoing, if Landlord fails Tenant shall have the right during the Term to respond within such 10 business-day period, make cosmetic alterations as Tenant may thereafter send to Landlord a second written requesting approval of reasonably deem desirable or necessary (the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response PeriodCosmetic Alterations”), without Landlord’s consent, provided that such Alterations (i) are not visible from outside of the Premises; (ii) do not adversely affect any Building’s structure or any Building System; (iii) do not trigger any legal requirement which would require any alteration or improvements to any Building or Project; (iv) do not, in the aggregate, exceed $50,000 (for Alterations other than floor and wall covering) in any twelve (12) month period; and (v) do not require any license, permit or approval under applicable Law and do not result in the voiding of Landlord’s insurance, the increasing of Landlord’s insurance risk or the disallowance of sprinkler credits. Tenant shall give Landlord at least ten (10) days prior written notice of such Cosmetic Alterations, which notice shall be deemed to have elected to consent to accompanied by reasonably adequate evidence that such changes meet the proposed Alterationforegoing criteria. Except as otherwise provided, provided Tenant the term “Alterations” shall otherwise have complied with all provisions of this Lease relating to such include Cosmetic Alterations. Notwithstanding In addition, Tenant’s repairs, modifications and replacement of the foregoing, if Landlord notifies HVAC systems in accordance with Exhibit E and Exhibit E-1 with respect to Tenant’s initial Tenant Improvements shall not require Landlord’s consent except as otherwise provided in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “Exhibit E and Exhibit E-1.

Appears in 1 contract

Samples: Office Lease (ShockWave Medical, Inc.)

Tenant’s Alterations. (ai) The construction Tenant shall not make, erect, or install any partitions (including movable partitions), leasehold improvements, alterations or fixtures (including trade fixtures) in or about the Leased Premises without the prior written consent of the initial Leasehold Improvements (as defined in Exhibit C) Landlord. All such work shall be governed performed in accordance with any reasonable conditions, regulations or design criteria set out by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, Landlord and shall not permit be completed in a good and workman like manner, in accordance with the description of the work approved by the Landlord, all applicable laws and the requirements of all governmental authorities. The Tenant shall, at the time of its application for such consent, furnish the Landlord with such plans, specifications and designs in such detail as the Landlord may require. The Landlord shall have the right to supervise any work done and to select or approve (at its option) the contractors and workmen to be employed by the Tenant. Any workmen performing the work shall have labour union affiliations compatible with others employed by the Landlord and its contractors. If the work proposed by the Tenant Agent to, cut, drill into, may affect the structure of the Leased Premises or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to any part of the Premises (collectivelyDevelopment or any of the electrical, “Alterations”) without first obtaining mechanical or base building systems of the written consent Development, the Landlord may elect that it be performed either by the Landlord or its contractors, in which case the Tenant shall pay to the Landlord as Additional Rent the costs of Landlordthe Landlord relating to such work, which consent shall not be unreasonably withheld, conditioned, or delayedincluding any consultants' fees. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed denied. Notwithstanding Tenant performs any work without complying with the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating Section and does not remove it upon notice, the Landlord shall have the right to do so and to restore the Leased Premises to their previous condition, in which case the Tenant shall pay to the Landlord as Additional Rent the costs of such Alterationswork and a supervisory fee which is reasonable in all circumstances. Notwithstanding All partitions, leasehold improvements, alterations or fixtures made, erected or installed in the foregoingLeased Premises, if whether made pursuant to this Section 15.02 or otherwise, shall become the property of the Landlord notifies upon installation or affixation subject to the rights and obligations to the Tenant respecting removal thereof as provided in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “this Section.

Appears in 1 contract

Samples: Lease Amendment Agreement (Cypost Corp)

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill intomake, or secure suffer to be made, any fixture, apparatus, alteration or equipment, or make alterations, improvements, or physical additions of any kind addition to any part of the Premises (collectively, “Alterations”) ), or any part thereof, without first obtaining the Landlord’s prior written consent of Landlord, (which consent shall not be unreasonably withheld) and delivering to Landlord the proposed architectural and structural plans for all such Alterations at least fifteen (15) days prior to the start of construction. If such Alterations affect the structure of the Building, conditionedTenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in reviewing Tenant’s plans. After obtaining Landlord’s consent, which consent shall state whether or not Landlord will require Tenant to remove such Alteration at the expiration or earlier termination of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to provide Landlord (i) written notice of the anticipated and actual start-date of the work, (ii) a complete set of half-size (15” X 21”) vellum as-built drawings, and (iii) a certificate of occupancy for the work upon completion of the Alterations. All Alterations shall be constructed by a licensed general contractor in compliance with all applicable building codes and laws including, without limitation, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all Alterations, except movable furniture and trade fixtures, shall become a part of the realty and belong to Landlord but shall nevertheless be subject to removal by Tenant (excluding Initial Alterations as defined below) as provided in Section 6 above. Alterations which are not deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, walls, carpeting, or delayedany other installation which has become an integral part of the Premises. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request All Alterations shall be deemed deniedmaintained, replaced or repaired by Tenant at its sole cost and expense. Notwithstanding the foregoing, if Tenant shall be entitled, without obtaining Landlord’s consent, to make Alterations which do not affect the Building structure or mechanical systems and which do not cost more than Seventy Five Thousand Dollars ($75,000.00) per Alteration (“Permitted Alterations”); provided, however, that: (i) Tenant shall still be required to comply with all other provisions of this paragraph; and (ii) Landlord fails may elect to respond within have Tenant remove such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval Permitted Alterations at the expiration or earlier termination of the proposed AlterationLease, which request must set forth in bold unless Tenant has notified Landlord of such Permitted Alterations prior to commencing construction and 14-point capitalized type on received approval from Landlord that such Permitted Alterations will not be required to be removed at the first page thereof expiration of the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” Lease. The parties acknowledge that Tenant will make certain improvements to the Premises (“Second Alteration RequestInitial Alterations)) prior to August 31, 2008, such Initial Alterations generally described as (but not limited to) the addition and/or alteration of interior offices, labs, cosmetic improvements, and installation of necessary equipment to service the foregoing. If Landlord then fails hereby consents to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed such Initial Alterations and waives any right to have elected to consent to such Initial Alterations removed at the proposed Alteration, expiration or sooner termination of this Lease provided Tenant shall otherwise have complied complies with all provisions of this Lease relating Section 7.A. In addition to such Alterations. Notwithstanding Landlord’s payment of the foregoingWork Allowance as set forth in Section 7.B. below, if Landlord notifies agrees to pay for the cost charged to Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “architect for two preliminary space planning meetings associated with Tenant’s Initial Alterations.

Appears in 1 contract

Samples: Lease (Data Domain, Inc.)

Tenant’s Alterations. Tenant shall neither make any alteration on or additions to the Leased Premises nor make any agreement or contract therefore without first obtaining Landlord's prior written consent. The Landlord's consent may be conditioned upon the following: (a) The construction Tenant's compliance with the regulations and requirements of any public authority having jurisdiction over the initial Leasehold Improvements Leased Premises, (as defined in Exhibit Cb) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except Tenant providing plans to Landlord for the Leasehold Improvements project, (c) Tenant providing Landlord with the name, address and as otherwise set forth belowtelephone number for the contractor who will be doing the alterations, (d) Tenant shall notproviding Landlord with documentation that the contractor selected to perform the alterations is properly licensed and insured, and shall not permit any (e) Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make providing Landlord with evidence of Tenant's ability to pay for the project to avoid the filing of construction liens. All permanent alterations, improvementsadditions or improvements made by Tenant to or upon the Leased Premises shall at once, when made or physical additions of any kind to any part of the Premises (collectivelyinstalled, “Alterations”) without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request shall be deemed denied. Notwithstanding the foregoing, if Landlord fails to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval of the proposed Alteration, which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected attached to consent and become Landlord's property. Equipment, counters, other removable trade fixtures and interior decorations shall remain the property of Tenant and removable by it. All of Tenant’s improvements, interior modifications, fixtures, and modifications approved by Landlord shall be done at Tenant’s sole cost and expense. At the termination of this Lease, and without notice, Tenant shall remove its property and removable fixtures and repair any damages to the proposed AlterationLeased Premises caused by such removal. If Tenant fails to do so, provided Landlord may remove the same and repair the damages at Tenant's expense. Tenant shall otherwise have complied with all provisions will promptly reimburse Landlord for such expense, upon receiving Landlord's statement. It is further agreed that any property remaining upon the Leased Premises 15 days after the termination of this Lease relating to such Alterations. Notwithstanding shall become the foregoingproperty of Landlord, if at Landlord's option, and may be disposed of as Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “sees fit.

Appears in 1 contract

Samples: Real Estate Purchase Agreement

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereofLandlord's Approval. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit make any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, additions or other physical additions of any kind to any part of changes in or about the Premises (collectively, "Alterations"), other than Alterations such as painting, wall coverings, floor coverings, raised flooring, installation of any equipment relating to voice, video, data or security, including, without limitation, telephones and furniture, furniture systems or equipment (including electrical wiring into furniture systems or equipment), trade fixtures or decorative effects (such as pictures) or office equipment (collectively, "Decorative Alterations"), without first obtaining the written consent of Landlord's prior consent, which consent shall not may be unreasonably withheld, conditioned, or delayed. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after withheld in Landlord’s receipt of such request, the request shall be deemed denied's sole discretion. Notwithstanding the foregoing, if Landlord fails shall not unreasonably withhold its consent to respond within Alterations so long as such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval Alterations (i) do not affect the exterior of the proposed building or materially affect the Building Structure or Building Systems, provided, that, Landlord may, in Landlord's sole discretion upon the Expiration Date or sooner termination of the Term, cause Tenant to restore the Premises to the condition of the Premises prior to any such Alteration, which request must set forth in bold (ii) are performed only by Landlord's designated contractors or by contractors approved by Landlord to perform such Alterations, such approval not to be unreasonably withheld or delayed, (iii) affect only the Premises and 14-point capitalized type on are not visible from outside of the first page thereof Premises or the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” Building, (“Second Alteration Request”). If iv) do not affect the Certificate of Occupancy issued for the Building or the Premises, (v) are consistent with the design, construction and equipment of the Building, (vi) do not adversely affect or increase the cost of any service furnished by Landlord then fails to respond Tenant or to any other tenant of the Second Alteration Request within 10 business days after receipt thereof Building, (“Second Alteration Request Response Period”vii) do not violate or adversely affect any landmark designation affecting the Building (including, without limitation, insuring conformance with the Secretary of Interior's Standards for Rehabilitation as interpreted by the State Historic Preservation Office and the National Park Service and any and all New York City landmark regulations), Landlord shall and (viii) do not violate any Requirement or cause the Premises or the Building to be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied non-compliant with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “any Requirement.

Appears in 1 contract

Samples: Agreement of Lease (Thestreet Com)

Tenant’s Alterations. (a) The construction Subject to the provisions of the initial Leasehold Improvements this paragraph and to all other applicable provisions of this Lease, Tenant shall not make any Tenant's Alterations (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill into, or secure any fixture, apparatus, or equipment, or make alterations, improvements, or physical additions of any kind to any part of the Premises (collectively, “Alterations”) without first obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld. Any Tenant's Alterations shall be made at Tenant's sole cost and expense. As used herein, conditionedthe term "Tenant's Alterations" shall mean each and every (a) demolition of the whole or any part of any Improvements now or hereafter erected upon the Demised Premises; (b) excavation at any time made or to be made in, on or about the Demised Premises; (c) repair, addition, betterment, change, improvement and rebuilding made of, to, in, on or about the Demised Premises or any part thereof; and (d) construction of any additional or replacement Improvements upon the Demised Premises, the cost of any or all of which matters described in causes (a) through (d) above in any calendar year exceeds $50,000.00 in the aggregate. Landlord's written consent which shall not be deemed unreasonably withheld, if the proposed Tenant's Alterations (i) would change the type or character of the Improvements, (ii) materially reduce the size of the Improvements or diminish the net rentable area thereof, or delayed(iii) would adversely affect any structural component of the Improvements. If Provided that Tenant shall comply with the provisions of paragraphs 15(b) and 15(c) hereof, Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request agrees that Tenant shall be deemed deniedpermitted to construct an enclosed walkway connecting the Demised Premises to the adjacent building leased by Tenant located at 0000 Xxxxx Xxxxxxx Xxxxxx, Xxxxx, Xxxxxxxx (the "Walkway"). Notwithstanding Prior to the foregoing, if Landlord fails to respond within such 10 business-day periodexpiration of the Lease Term, Tenant may thereafter send agrees to Landlord a second written requesting approval of remove the proposed Alteration, which request must set forth in bold Walkway and 14-point capitalized type on to restore the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” (“Second Alteration Request”). If Landlord then fails Demised Premises to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”), Landlord shall be deemed to have elected to consent to the proposed Alteration, provided Tenant shall otherwise have complied with all provisions of this Lease relating to such Alterations. Notwithstanding the foregoing, if Landlord notifies Tenant in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “its original condition at its sole cost and expense.

Appears in 1 contract

Samples: Stimsonite Corp

Tenant’s Alterations. (a) The construction of the initial Leasehold Improvements (as defined in Exhibit C) shall be governed by the terms of Exhibit C attached hereto and made a part hereof. Except for the Leasehold Improvements and as otherwise set forth below, Tenant shall not, and shall not permit any Tenant Agent to, cut, drill intomake, or secure suffer to be made, any fixture, apparatus, alteration or equipment, or make alterations, improvements, or physical additions of any kind addition to any part of the Premises (collectively, “Alterations”) ), or any part thereof, without first obtaining the Landlord’s prior written consent and delivering to Landlord the proposed architectural and structural plans for all such Alterations at least fifteen (15) days prior to the start of construction. If such Alterations affect the structure of the Building, Tenant additionally agrees to reimburse Landlord its reasonable out-of-pocket costs incurred in reviewing Tenant’s plans. After obtaining Landlord’s consent, which consent shall state whether or not Landlord will require Tenant to remove such Alteration at the expiration or earlier termination of this Lease, Tenant shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant agrees to provide Landlord: (i) written notice of the anticipated and actual start-date of the work, (ii) a complete set of half-size (15” X 21”) vellum as-built drawings, and (iii) a certificate of occupancy for the work upon completion of the Alterations. All Alterations shall be unreasonably withheldconstructed in compliance with all applicable building codes and laws including, conditionedwithout limitation, the Americans with Disabilities Act of 1990 as amended from time to time. Upon the Expiration Date, all Alterations, except movable furniture and trade fixtures, shall become a part of the realty and belong to Landlord but shall nevertheless be subject to removal by Tenant as provided in Section 6 above. Alterations which are not deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, walls, carpeting, or delayedany other installation which has become an integral part of the Premises. If Landlord fails to respond to a request for consent to a proposed Alteration within 10 business days after Landlord’s receipt of such request, the request All Alterations shall be deemed deniedmaintained, replaced or repaired by Tenant at its sole cost and expense. Notwithstanding the foregoing, if Landlord fails Tenant shall be entitled, without obtaining Landlord’s consent, to respond within such 10 business-day period, Tenant may thereafter send to Landlord a second written requesting approval make Alterations which do not affect the structure of the proposed Alteration, Building and which request must set forth in bold and 14-point capitalized type on the first page thereof the following statement: “SECOND AND FINAL REQUEST—LANDLORD HAS 10 BUSINESS DAYS TO RESPOND PURSUANT TO SECTION 9” do not cost more than One Hundred Thousand Dollars ($100,000.00) per Alteration (“Second Alteration RequestPermitted Alteration”). If Landlord then fails to respond to the Second Alteration Request within 10 business days after receipt thereof (“Second Alteration Request Response Period”); provided, Landlord shall be deemed to have elected to consent to the proposed Alterationhowever, provided that Tenant shall otherwise have complied still be required to comply with all other provisions of this Lease relating paragraph, and such Permitted Alterations are subject to such Alterationsremoval by Tenant at Landlord’s election pursuant to Section 6.C above at the expiration or earlier termination of the Lease. Notwithstanding Tenant shall not be required to seek Landlord’s consent with respect to any replacements, modifications, retrofits, or upgrades of Tenant’s equipment, fixtures, and components, provided that any work or installation with respect to the foregoing, if Landlord notifies Tenant foregoing shall otherwise be carried out in writing within the Second Alteration Request Response Period that Landlord requires additional time to review the request, then the Second Alteration Request Response Period shall be extended by an additional 10 business days. “compliance with this Lease.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Equinix Inc)

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