Non-Material Alteration definition
Non-Material Alteration means any Alteration which is not a Material Alteration.
Non-Material Alteration means Alterations that (i) are limited to the interior of the Premises and do not affect the exterior (including the appearance) of the Building or any portion thereof, (ii) are not structural and do not adversely affect the strength of the Building or any portion thereof, (iii) do not affect the usage or the functioning of any of the Building systems, (iv) do not affect other tenants or occupants of the Building, (v) do not require a change to the Building’s certificate of occupancy, (vi) do not require a permit from the New York City Department of Buildings and (vii) do not exceed the Non-Material Alterations Cap. The “Non-Material Alterations Cap” means an aggregate of $100,000 per full floor of the Premises for all Non-Material Alterations performed by Tenant in any rolling 12-month period, Subject to CPI Increases (as hereinafter defined).
Non-Material Alteration. Landlord agrees not to unreasonably withhold or delay its consent to any Material Alteration. For purposes hereof, Landlord shall not be deemed to be acting unreasonably if it withholds consent to a Material Alteration which: (i) affects the exterior appearance of the Building or the appearance of the Deemed Common Areas, (ii) would have an a material adverse affect on the heating, ventilation and air-conditioning, mechanical, electrical, fire and life safety or plumbing facilities of the Building, or (iii) would have a material adverse affect on the structural integrity or strength of the Building, or (iv) would materially reduce the rentable area of the Building as set forth in clause (2)(y) above. Within the first eighteen (18) months of the term of this lease, Tenant shall commence and thereafter diligently prosecute to completion, upgrades to the Building’s elevators and escalators estimated to cost $6,500,000 in the aggregate. Notwithstanding anything to the contrary contained in this Section 11.01, the aforementioned upgrades shall not constitute a Material Alteration. Furthermore, Tenant intends (but shall have no obligation) to make certain Alterations respecting the “hardening” of the Building, including, (i) installing window film, (ii) reinforcement of the splice joints in the lobby of the Building, and (iii) installing a catch cable system (herein collectively called the “Hardening Alterations”). Notwithstanding anything to the contrary contained in this Section 11.01, the Hardening Alterations shall not constitute Material Alterations; provided, that, (i) with respect to the window film, same do not have a material aesthetic impact on the Building, and (ii) if in Landlord’s good faith judgment it finds the catch cable system aesthetically objectionable upon Tenant’s presentation of its proposed design of the catch cable system prior to installation, Tenant may (v) modify the design to adequately address Landlord’s concerns [whereupon Landlord’s approval shall not be unreasonably withheld], and Tenant shall not be required to remove or further modify same on or prior to the end of the term of this lease (or in the case Tenant exercises the Surrender Election, on or prior to the Surrender Date) as the case may be, or (w) Tenant may proceed with the installation without Landlord’s approval, in which case, on or prior to the end of term of this lease (or in the case Tenant exercises the Surrender Election, on or prior to the Surrender Date), Tena...
Examples of Non-Material Alteration in a sentence
Lessee may undertake a Non-Material Alteration to any Property without first notifying Lessor.
Upon completion of any Non-Material Alteration for which a permit was issued, Lessee shall promptly provide Lessor with a copy of such permit and evidence that the Governmental Authority which issued the permit has signed off on the work done pursuant to such permit (to the extent such sign off is required by Applicable Regulations).
An Alteration that affects the exterior or the appearance of the Building is neither a Non-Material Alteration nor a Material Alteration and Landlord may withhold consent thereto for any reason.
Any Alteration which is not a Material Alteration is referred to in this Lease as a Non-Material Alteration.
If the Non-Material Alteration is of such a nature that formal plans will not be prepared for the work, Tenant shall provide Landlord with a reasonably specific description of the work.
Landlord's review of Tenant's plans and specifications for any Non-Material Alterations shall be limited to a determination as to whether, in Landlord's reasonable judgment, the proposed Alteration is in fact a Non-Material Alteration.
If such modification is of such scope that it would, standing alone, constitute a Non-Material Alteration, then such modification shall not require Landlord's approval, provided however, the plan (herein called "Modified Plan") reflecting such modifications to the final plan must be submitted to Landlord at least three (3) Business Days prior to the performance of the work shown on the Modified Plan.
Tenant shall have the right to make ----------------------- any Non-Material Alteration to the Building without first obtaining Landlord's prior written consent.
At the time Tenant notifies Landlord of any Non-Material Alteration, Tenant shall give Landlord a copy of Tenant's plans for the work.
Any Alteration which is not a Material Alteration is herein called a "Non-Material Alteration".
More Definitions of Non-Material Alteration
Non-Material Alteration means an Alteration that (i) is limited to the interior of the Premises and does not affect the exterior (including the appearance) of the Building or any portion thereof, (ii) is not structural and does not adversely affect the strength of the Building or any portion thereof, (iii) does not adversely affect the usage or the functioning of any of the Building systems (except to a de minimis extent), (iv) does not affect other tenants or occupants of the Building (except to a de minimis extent), (v) does not exceed the Non-Material Alterations Cap, and (vi) does not require a change to the Building’s certificate of occupancy. The “Non-Material Alterations Cap” means an aggregate of $1,500,000 as of the date hereof (which amount shall increase by 3% as of January 1 of each year during the Term) for all Non-Material Alterations performed by Tenant in any rolling 6-month period; provided, that the cost of any Decorative Alterations shall not be included for purposes of determining whether Tenant has exceeded such cap.
Non-Material Alteration. Landlord agrees not to unreasonably withhold or delay its consent to any Material Alteration. For purposes hereof, Landlord shall not be deemed to be acting unreasonably if it withholds consent to a Material Alteration which: (i) affects the exterior appearance of the Building, (ii) would have an a material adverse affect on the heating, ventilation and air-conditioning, mechanical, electrical, fire and life safety or plumbing facilities of the Building that are not located wholly within or exclusively serve the Premises or (iii) would have a material adverse affect on the structural integrity or strength of the Building.
Non-Material Alteration means any Alteration which (a) is not structural in nature; (b) does not affect the exterior or any structural portions or components of the Building; (c) would not be visible from outside of the Premises; (d) would not require alteration of, and would not impact the usage or proper functioning of, any of the Building systems (including, without limitation, the heating, ventilation, air conditioning, plumbing, electrical, sprinkler or security systems serving the Building); (e) would not jeopardize health safety or life safety; (f) would not require a change to the certificate of occupancy for the Building; (g) would not require the issuance of a building permit or other authorization by any governmental or quasi-governmental entity exercising jurisdiction over the Building; and (h) would not cause any previously non-mandatory legal requirement to become a mandatory legal requirement with regard to the Building (including, without limitation, any such legal requirement set forth in the Americans with Disabilities Act). In addition, with respect to any proposed Non-Material Alteration having an estimated cost of completion in excess of $50,000.00, Landlord shall either grant or reasonably withhold its consent to same within three (3) business days of Tenant’s request therefor, failing which such consent shall be deemed to have been granted.
Non-Material Alteration means an Alteration that (i) does not adversely affect the façade or other areas outside the Premises, (ii) does not adversely affect the structure of the Building or any portion of the structure of the Building, (iii) does not adversely affect any of the Building systems, and (iv) is not visible from outside the Premises (if such visibility actually violates applicable Laws pertaining to zoning or land use).
Non-Material Alteration means any alteration, addition, substitution, change, or improvement, or installation of any fixture to the Building that (a) does not adversely affect the exterior or the structural elements of the Building, (b) does not materially adversely affect the Base Building Systems, and (c) either (i) does not have a cost, in the aggregate. greater than Seventy-Five Thousand Dollars ($75,000) ("Threshold Amount") or (ii) shall be purely decorative in nature, such as painting, carpeting, wallpapering, or cabinet work. Every five (5) years during the Term, Landlord and Tenant shall increase the Threshold Amount by the percentage increase (measured from the Commencement Date) in the Consumer Price Index. U.S. City Average For All Items For All Urban Consumers (or such comparable successor index reasonably acceptable to Landlord and Tenant), it being the intent and purpose that the Threshold Amount increase during the Term by reference to such Consumer Price Index.