Common use of Alterations, Additions, and Improvements Clause in Contracts

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 3 contracts

Samples: Broadvision Inc, Broadvision Inc, Broadvision Inc

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Alterations, Additions, and Improvements. No Subject to the provisions of this Article IV, Lessee may make any alterations, additions, improvements or other changes to the Premises and the Relevant Assets as may be necessary or useful in connection with the operation of the Relevant Assets (collectively, the “Additional Improvements”). If such Additional Improvements require alterations, additions or improvements to the Premises or any of the Shared Access Facilities, Lessee shall notify Lessor in writing in advance and the parties shall negotiate in good faith any increase to the fees paid by Lessee under the Site Services Agreement by Lessee or otherwise provide for reimbursement of any material increase in cost ("Alterations"if any) to Lessor under the Site Services Agreement that results from any modifications to the Premises or the Shared Access Facilities necessary to accommodate the Additional Improvements, or as otherwise mutually agreed by the parties. Any alteration, addition, improvement or other change to the Premises, Relevant Assets or Additional Improvements (and, if agreed by Lessee and Lessor, to the Shared Access Facilities) by Lessee shall be made in a good and workmanlike manner and in accordance with all applicable Laws. The Relevant Assets and all Additional Improvements shall remain the property of Lessee and shall be removed by Lessee within one (1) year after termination of this Lease (provided that such can be removed by Lessee without unreasonable damage or harm to the Premises) or, at Lessee’s option exercisable by notice to Lessor, surrendered to Lessor upon the termination of this Lease. Lessee shall not have the right or power to create or permit any lien of any kind or character on the Premises by Lessee without reason of repair or construction or other work. In the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect event any such lien is filed against the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunderPremises, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee cause such lien to remove any such Alterations at the expiration be discharged or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) bonded within thirty (30) days after termination prior to the expiration of the Lease Term date of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samefiling thereof.

Appears in 3 contracts

Samples: Lease and Access Agreement (Holly Energy Partners Lp), Lease and Access Agreement (HollyFrontier Corp), Lease and Access Agreement (Holly Corp)

Alterations, Additions, and Improvements. No Lessee covenants and agrees with Lessor not to permit the Premises to be used for any purpose other than that stated in Section 5 hereof or make or allow to be made any alterations or physical additions in or to the Premises without first obtaining the written consent of Lessor in each such instance. Lessor's consent shall not be required for nonstructural alterations made by Lessee from time to time as necessary to adapt the Premises for the uses and business purposes permitted hereby, provided that such alterations do not affect any part of the Building other than the Premises, are not visible from outside the Building and do not adversely affect any service required to be furnished by Lessor to Lessee or to any other tenant or occupant of the Building. Lessee shall be responsible for any lien filed against the Premises or any portion of the Building for work claimed to have been done for, or materials claimed to have been furnished to Lessee. Any and all such alterations, physical additions, or improvements ("Alterations") shall be improvements, when made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withholdLessee, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations be at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) expense and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall once become the property of Lessor at and shall be surrendered to Lessor upon termination of this Lease by lapse of time or otherwise; provided, however, this clause shall not apply to the expirationmovable fixtures, office equipment, and other personal property owned by Lessee. Tenant Initials ___________ Landlord Initials___________ 4Section 17. Legal Use and Violations of Insurance Coverage. ----------- ----------------------------------------------- Lessee covenants and agrees with Lessor not to occupy or use, or sooner termination permit any portion of the LeasePremises to be occupied or used, unless Lessor directs otherwisefor any business or purpose which is unlawful, provided that Lessee shall retain title disreputable, or deemed to all furniture and trade fixtures placed be extra-hazardous on account of fire, or permit anything to be done which would in any way increase the rate of fire, liability, or any other insurance coverage on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for sameand/or its contents.

Appears in 3 contracts

Samples: Lease Agreement (IElement CORP), Lease Agreement (IElement CORP), Lease Agreement (IElement CORP)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee Tenant without the prior written consent of Lessor Landlord, which Lessor will shall not be unreasonably withhold, withheld; provided, however, that Lessee Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the Building systems, exterior appearance, structural integrity or any structural components of the Building or structural integrity and which the Project, (c) are not visible from the exterior of the Building, (d) do not exceed collectively One Hundred require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($100,00025,000.00) in cost within any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month periodperiod except that no dollar limit shall be applicable with respect to paint or carpet, without Lessor's prior written consentand (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Lessor's Landlord’s obligation to consider any request for consent hereunder, Lessee shall Tenant hereby agrees to pay Lessor Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Lessee Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior pursuant to the expiration terms of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, Section 17.09 hereof; provided that, if Lessee requests same from LessorTenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, Lessor will notify Lessee within five (5) business days after receipt then Landlord shall make its election whether or not to require removal of Lessee's request and a copy of all plans and specifications for such Alterations, if at all, at the proposed Alteration whether it will require removaltime consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by LessorLandlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor Landlord in writing prior to commencement of work. All Alterations shall be designed, constructed and installed installed, at the sole cost and expense of Lessee Tenant, by California licensed architects, engineers, and contractors approved by LessorLandlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable lawlaws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain title to ownership thereof), all furniture and trade fixtures placed on the Premises. All heatingAlterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning, conditioning and full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls)partitioning, drapery and carpeting installations made by Lessee Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Lessor upon Landlord at the expiration, expiration or sooner termination of the Lease, . Tenant shall retain title to all furniture and shall not be deemed trade fixturesfixtures placed on the Premises. Within thirty (30) days after completion of any AlterationAlterations, Lessee, Lessee Tenant shall provide Lessor Landlord with (A) a complete set of "both hard copies and CAD drawings of “as built" plans for samesuch Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereof.

Appears in 3 contracts

Samples: Lease (GOOD TECHNOLOGY Corp), Lease (GOOD TECHNOLOGY Corp), Lease (GOOD TECHNOLOGY Corp)

Alterations, Additions, and Improvements. No Subject to the provisions of this Article IV, Lessees may make any alterations, additions, improvements or other changes to the Premises and the Relevant Assets as may be necessary or useful in connection with the operation of the Relevant Assets (collectively, the “Additional Improvements”). If such Additional Improvements require alterations, additions or improvements to the Premises or any of the Shared Access Facilities, Lessees shall notify Lessor in writing in advance and the parties shall negotiate in good faith any increase to the fees paid by Lessees under the Site Services Agreement by Lessees or otherwise provide for reimbursement of any material increase in cost ("Alterations"if any) to Lessor under the Site Services Agreement that results from any modifications to the Premises or the Shared Access Facilities necessary to accommodate the Additional Improvements, or as otherwise mutually agreed by the parties. Any alteration, addition, improvement or other change to the Premises, Relevant Assets or Additional Improvements (and, if agreed by Lessees and Lessor, to the Shared Access Facilities) by Lessees shall be made in a good and workmanlike manner and in accordance with all applicable Laws. The Relevant Assets and all Additional Improvements shall remain the property of Lessees and shall be removed by Lessees within one (1) year after termination of this Lease (provided that such can be removed by Lessees without unreasonable damage or harm to the Premises) or, at Lessees’ option exercisable by notice to Lessor, surrendered to Lessor upon the termination of this Lease. Lessees shall not have the right or power to create or permit any lien of any kind or character on the Premises by Lessee without reason of repair or construction or other work. In the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove event any such Alterations at lien is filed against the expiration Premises, Lessees shall cause such lien to be discharged or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) bonded within thirty (30) days after termination prior to the expiration of the Lease Term date of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samefiling thereof.

Appears in 2 contracts

Samples: Lease and Access Agreement (Holly Energy Partners Lp), Lease and Access Agreement (Holly Corp)

Alterations, Additions, and Improvements. A. No additional alternations, additions or improvements shall be made by Tenant without Landlord's written approval, which approval shall not be unreasonably withheld or delayed B. Tenant, at its sole cost and expense, shall complete all of Tenant's improvements subject to Landlord's written approval. Tenant's improvements shall be done in a good and workmanlike manner with materials of good quality and pursuant to appropriate governmental permits and in compliance with applicable laws and insurance requirements. Tenant's construction shall not interfere with the conducting of business by other tenants. During the Lease Term, Tenant shall provide Landlord with waivers of liens for any improvements done by Tenant or Tenant's contractors to the Leased Premises or shall bond or insure over any mechanic's liens with bonding or insurance companies reasonably acceptable to Landlord. In the event Tenant fails to provide said lien waivers or bond or insurance and Landlord is required to pay for such improvements in order to remove or avoid the filing of liens, then any such sums paid by Landlord shall be considered as additional rent and shall be payable by Tenant to Landlord on demand. C. During the course of construction of the improvements, Landlord and its representative may, upon reasonable prior notice of Tenant, inspect (but shall have no duty or obligation to inspect) Tenant's construction of improvements and the materials being used. If as a result of such inspection, Landlord, or its representative shall determine that any materials do not substantially conform to, or that the improvements are not being constructed in accordance with the terms of this Lease, prompt notice thereof may be given by Landlord to Tenant specifying the nature of the deficiency or defect or omission. Upon the receipt of any such notice, Tenant shall promptly take such steps as may be necessary to correct such defect. In the event that Tenant fails to correct said defect, or commence to cure said defect within thirty (30) days after Landlord's notice (or immediately, if an emergency) Landlord shall have the right, but not the obligation, in addition to any other remedies available to Landlord, to undertake same at Tenant's expense. In such event, Tenant shall pay as additional rent to Landlord for the cost of such work immediately upon receipt of an invoice therefore together with interest thereon at the annual rate of eighteen percent (18%) from the date expended by Landlord until paid in full. D. All of Tenant's contractors and subcontractors of its contractors shall carry public liability insurance with at least $1,000,000 single limit broad form coverage and worker's compensation insurance, and each such insurance policy shall name Landlord and the owner and, their beneficiaries, officers, directors, shareholders, Managers and Members, the agents of Landlord and the owner and their agents' beneficiaries, officers, directors, shareholders, Managers and Members as additional insureds. Each such contractor and subcontractor shall submit to Landlord proof of such insurance before they may begin work on the Leased Premises. E. During construction of improvements, Tenant shall carry builder's risk insurance, public liability insurance and worker's compensation insurance, in such amounts as are reasonably acceptable to Landlord, provided that the builder's risk policy coverage shall be at least in an amount sufficient to cover all so-called "hard costs" of construction of Tenant's improvements, together with adequate soft cost coverage. Landlord and the owner and, their beneficiaries, officers, directors, shareholders, Managers and Members, the agents of Landlord and the owner and their agents' beneficiaries, officers, directors, shareholders, Managers and Members shall be named as additional insureds under said policies. Tenant shall deliver certificates of insurance to Landlord prior to commencement of construction reflecting the coverage thereunder and showing the additional insureds required hereunder. F. All alterations, additions, or improvements ("Alterations") made by Tenant shall be made to become the Premises by Lessee without the prior written consent property of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations Landlord at the expiration or termination of the Lease Term and this Lease, except trade fixtures. Tenant may remove trade fixtures belonging to restore the Premises to their prior condition by written notice given on or before the earlier of (i) Tenant at the expiration of the Lease Term Term, provided that any damage or (ii) thirty (30) days after termination prior injury caused to the expiration real estate by reason of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises removal shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved repaired by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed Tenant at the its sole cost and expense of Lessee by California licensed architectsexpense. Notwithstanding anything herein to the contrary, engineersaffixed dock plates and dock lights are to become realty and not personalty, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall may not be deemed trade fixturesremoved by Tenant. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same7.

Appears in 2 contracts

Samples: Warehouse Lease Land Lease Agreement, Land Lease Agreement (Ace Hardware Corp)

Alterations, Additions, and Improvements. No (a) Tenant shall not make any structural alternations, additions or improvements to the Premises without written consent of Landlord, which consent shall not be unreasonably withheld. In addition, no such work shall be performed unless and until Landlord shall have approved all plans and specifications therefore. Tenant shall submit plans and specifications depicting its proposed, structural work to Landlord for review and approval, which shall be deemed given unless Tenant is advised otherwise within twenty (20) days after the submission thereof. All such structural alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, thatimprovements, if Lessee requests same from Lessoragreed to, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans all applicable laws and specifications which regulations and shall remain for the benefit of Landlord after the Term, and Tenant shall not have been furnished any obligation to and approved by Lessor in writing prior remove the same. Prior to the commencement of work. All Alterations shall be designedany such work or the delivery of any materials, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, supplies or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title equipment to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, all contractors shall have duly and effectively waived any right of such contractor and its subcontractors to claim or file a mechanic’s or materialman’s lien against the Premises or any portion thereof or interest therein with respect to all work, materials, supplies and equipment at any time performed or supplied, to the Premises or any portion thereof. Tenant acknowledges and agrees that any approval which, Landlord may give with respect to any work to be performed by or on behalf of the Tenant under this Paragraph or any other provision of this Lease, or with respect to any contractors or subcontractors to perform the same, or with respect to any plans or specifications related thereto shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, solely for Landlord’s own protection and shall not be deemed trade fixtures. Within thirty (30) days after completion construed to provide any warranty, representation or other assurance of any Alterationkind as to the adequacy, Lesseequality or legality thereof or as to any other matter whatsoever, Lessee and Tenant shall provide Lessor with a complete set of "as built" plans be solely responsible for samesuch matters and shall indemnify, defend and hold Landlord harmless from and against all liability, damage, loss, claims, cost and expense (including reasonable attorneys’ fees) relating to any such work or other matters.

Appears in 2 contracts

Samples: Lease Agreement (ExOne Co), Lease Agreement (Ex One Company, LLC)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises or Common Areas by Lessee Tenant without the prior written consent of Lessor Landlord, which Lessor will shall not be unreasonably withholdwithheld, providedconditioned or delayed. Landlord may impose, howeveras a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, that Lessee such requirements as Landlord in its sole discretion may deem desirable, including the payment to Landlord of a construction management fee equal to two percent (2%) of the hard construction costs of constructing and installing the Alteration(s) in question (the “Landlord Supervision Fee”). The construction of the initial improvements to the Premises shall be governed by the terms of the Work Letter and not the terms of this Section 6.03. Notwithstanding the foregoing or anything to the contrary set forth herein, Tenant may, without Landlord’s prior written consent or the payment of a Landlord Supervision Fee, but upon not less than ten (10) days’ prior written notice to Landlord, make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect the Building systems, exterior appearance, structural integrity or any structural components or structural integrity and which of the Building, (b) are not visible from the exterior of the Building, (c) do not exceed collectively require a building permit, and (d) do not involve the expenditure of more than Fifty Thousand Dollars ($50,000.00) in any given instance or One Hundred Thousand Dollars ($100,000100,000.00) in cost within the aggregate during any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's Landlord’s obligation to consider any request for consent hereunder, Lessee shall Tenant hereby agrees to pay Lessor Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects architects, attorneys and others for reviewing plans and specifications and for costs incurred to third parties in connection with monitoring the construction of any proposed Alterations. Lessor Landlord may require Lessee Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition by pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written notice given on or before request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election to require removal of such Alterations, if at all, at the earlier of time consent to such Alterations is given. Notwithstanding the foregoing, in no event shall Tenant be required to remove any Tenant Improvements (ias defined in the Work Letter) from the Premises upon the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner earlier termination of this Lease unless those Alterations are Non-Standard Alterations. As used herein, the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.term “

Appears in 2 contracts

Samples: Work Letter Agreement (Cloudera, Inc.), Work Letter Agreement (Cloudera, Inc.)

Alterations, Additions, and Improvements. No Tenant shall have the right to remodel and make any additions, alterations, additions, or improvements ("Alterations") shall be made to the Leased Premises by Lessee up to an aggregate single remodel, addition, alteration or improvement of $10,000.00 without Landlord's consent. Tenant shall not remodel nor make any additions, alterations, or improvements to the Leased Premises over $10,000.00 as stated above or which change the exterior architectural structure or appearance of the building without Landlord's prior written consent, which consent of Lessor which Lessor will shall not be unreasonably withholdwithheld or delayed. Tenant shall also have the right to install in the Leased Premises Tenant's equipment, trade-fixtures and other personal property as Tenant may deem advisable, provided, however, all of the foregoing will be made without any expense to Landlord and Tenant will comply with all applicable laws with respect thereto. It is understood by the parties hereto that Lessee may make Alterations which do for all purposes under this Lease, Landlord shall own all of the land described on said Exhibit A, the building, and other improvements, now or hereafter constructed thereon, including but not affect limited to, electrical, plumbing, heating, ventilation and air conditioning systems and equipment installed by Landlord and attached to the Building systemsbuilding and all interior and exterior lighting fixtures. Notwithstanding the foregoing, Tenant shall own all of Tenant's leasehold improvements, the restaurant equipment and trade fixtures, and all interior and exterior appearancesignage, structural components whether or structural integrity not any of the foregoing appear to be permanently affixed to the Leased Premises (hereinafter collectively, "Tenant's Property"). Tenant is hereby expressly given the right, at any time during the term of this Lease, and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month periodupon the termination of this Lease, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove the Tenant's Property provided, however, Tenant will make reasonable repairs to the Leased Premises for any physical injury caused thereto by such Alterations at removal, but without any liability for diminution in value of the expiration or Leased Premises for any physical injury caused by the absence of the Tenant's Property so removed and without any necessity for replacing the same. In the event Tenant shall fail to remove all of the Tenant's Property upon the termination of the Lease Term and Lease, then Tenant, at Landlord's election, shall be deemed to restore have waived all right to any of Tenant's Property not so removed, in which event Landlord may retain the Premises to their prior condition by same as Landlord's property, or Tenant, upon written notice from Landlord to Tenant given on or before the earlier of (i) the expiration termination of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination term of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture remove the same from the Leased Premises and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend shall make reasonable repairs to the ceiling or connect Leased Premises for any physical injury caused to Building walls), drapery and carpeting installations made the Leased Premises by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for sameremoval thereof.

Appears in 2 contracts

Samples: Lease (Founders Food & Firkins LTD /Mn), Lease (Founders Food & Firkins LTD /Mn)

Alterations, Additions, and Improvements. No Except for the Additional Tenant Improvements, Tenant shall not make any alterations, additionsadditions or improvements, structural or improvements otherwise ("the “Alterations") shall be made in or to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's Landlord’s prior written consent. As The plans and specifications for any approved Alterations shall be subject to Landlord’s prior written approval and once approved, shall not be materially changed without the Landlord’s prior written consent. Tenant shall provide Landlord with a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for copy of the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and estimated construction costs for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of workcommencing construction. All Alterations shall be designedmade promptly, constructed and installed at in a workmanlike manner, paid for by Tenant allowing no liens to attach either to the sole cost and expense of Lessee by California licensed architects, engineersPremises or to Tenant’s leasehold interest, and so as not to unreasonably disturb or inconvenience other tenants in the Building. Landlord shall have the right to require Tenant to provide such assurances as Landlord shall reasonably require (e.g., bonds, escrows, etc.) to protect Landlord against unpaid work and to require that any work be performed only by duly licensed contractors and subcontractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike mannerLandlord. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner Upon a termination of the Lease, unless Lessor directs otherwise, provided that Lessee Tenant shall retain title to provide Landlord with copies of all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend unexpired construction warranties related to the ceiling or connect Alterations, all of which shall be deemed assigned to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part Landlord. Unless otherwise noted in Landlord’s written approval of the PremisesAlteration, any Alteration shall remain and be surrendered with the Premises on expiration of the Lease. If Landlord’s approval of the Alteration provides that the Alteration is not to be surrendered, Tenant, at its sole cost, shall be remove that Alteration which is not to remain and become shall repair all damage to the property of Lessor upon the expiration, or sooner Premises caused by that removal. This obligation shall survive a termination of the Lease. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for any ad valorem taxes or increase therein resulting from Alterations made by or at the direction of Tenant. The Landlord consents/approvals required under Section 7 shall not be unreasonably withheld, conditioned or delayed. Provided it is not in default under this Lease and makes any repairs to the roof caused by the removal, upon termination of this Lease Tenant, at its sole expense, shall be permitted to remove those items identified as trade fixtures (e.g., hoods, casework, and countertops) which are included in any Alterations. Tenant shall be permitted to remove the counters and hoods currently in the Premises (i.e., existing as of the Execution Date) and shall not be deemed trade fixtures. Within thirty (30) days after completion required to repair or replace such items at the end of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samethe Term.

Appears in 2 contracts

Samples: Lease Agreement (Liquidia Technologies Inc), Lease Agreement (Liquidia Technologies Inc)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor Lessor, which Lessor will not unreasonably withhold, condition or delay; provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components appearance or structural integrity of Building 10, involve penetration of either the ceiling or floor of Building 10 and which do not collectively exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's ’s prior written consent; provided, further, that Lessee gives Lessor prior notice of such alterations (which notice shall include the estimated value of such alterations) and such alterations are otherwise performed in accordance with the terms of this Lease. As a condition to Lessor's ’s obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable out of pocket costs and expenses of consultants, engineers, architects and others (exclusive of property management personnel for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. specifications.. Lessor may require Lessee to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before pursuant to the earlier terms of Section 17.09 hereof; provided that: (i) Lessor shall make such election, if at all, at the expiration time consent to such Alteration is given, if such election is requested in writing of Lessor at such time by Lessee, or if Lessor’s consent to such Alteration is not required, then Lessor shall make such election within 30 days following a written request of Lessor by Lessee, and (ii) in any event, at the end of the Lease Term or (ii) thirty (30) days after earlier termination prior to the expiration of the Lease Term of Lease, Lessee shall remove from the Lease or Premises the equipment listed as “Equipment To Be Removed” on Schedule 3 attached hereto (iii) thirty (30) days after a written request from Lessee for such notice from Lessor providedthe “Removal Obligations Schedule”), that, if Lessee requests same from and shall surrender to Lessor, and have no obligation to remove, the equipment listed as “Equipment Left In Place” on the Removal Obligations Schedule. Lessee shall furnish security or make other arrangement satisfactory to Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy to assure payment for the completion of all plans Alterations work free and specifications for the proposed Alteration whether it will require removalclear of liens. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, Lessor in compliance with all applicable law, and in good and workmanlike manner, and shall have been approved in writing by Redwood City and any other applicable governmental agencies, if so required. Any Alteration except furniture Such approvals shall not be unreasonably withheld, conditioned or delayed by Lessor. Except as is provided for in the Removal Obligations Schedule, subject to Lessor’s right to have Lessee retain ownership and remove same, any Alteration, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Lessee, together with all property that has become an integral part of the Premises such as fume hoods which penetrate the roof or plenum area, built-in cold rooms, built-in warm rooms, deionized water systems, glass washing equipment, autoclaves, chillers, built-in plumbing, electrical and mechanical equipment and systems and any power generator and transfer switches, shall not be deemed trade fixtures, fixtures and shall become the property of Lessor at the expiration, expiration or sooner termination of the Lease, unless Lessor directs otherwise, provided that . Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "both hard copies and CAD drawings of “as built" plans for same.

Appears in 2 contracts

Samples: Work Letter Agreement (PDL Biopharma, Inc.), And Attornment Agreement (Biotech Spinco, Inc.)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Seventy-five Thousand Dollars ($100,00075,000) in cost within any twelve (12) month period, without Lessor's ’s prior written consent. As a condition to Lessor's ’s obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of third party consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's ’s request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 2 contracts

Samples: Sublease (PDL Biopharma, Inc.), Sublease (Biotech Spinco, Inc.)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor Lessor, which Lessor will not unreasonably withhold, condition or delay; provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components appearance or structural integrity of Building 9, involve penetration of either the ceiling or floor of Building 9 and which do not collectively exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's ’s prior written consent; provided, further, that Lessee gives Lessor prior notice of such alterations (which notice shall include the estimated value of such alterations) and such alterations are otherwise performed in accordance with the terms of this Lease. As a condition to Lessor's ’s obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable out of pocket costs and expenses of consultants, engineers, architects and others (exclusive of property management personnel for reviewing plans and specifications and for monitoring the construction of any proposed Alterationsspecifications. Lessor may require Lessee to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before pursuant to the earlier terms of Section 17.09 hereof; provided that: (i) Lessor shall make such election, if at all, at the expiration time consent to such Alteration is given, if such election is requested in writing of Lessor at such time by Lessee, or if Lessor’s consent to such Alteration is not required, then Lessor shall make such election within 30 days following a written request of Lessor by Lessee, and (ii) in any event, at the end of the Lease Term or (ii) thirty (30) days after earlier termination prior to the expiration of the Lease Term of Lease, Lessee shall remove from the Lease or Premises the equipment listed as “Equipment To Be Removed” on Schedule 3 attached hereto (iii) thirty (30) days after a written request from Lessee for such notice from Lessor providedthe “Removal Obligations Schedule”), that, if Lessee requests same from and shall surrender to Lessor, and have no obligation to remove, the equipment listed as “Equipment Left In Place” on the Removal Obligations Schedule. Lessee shall furnish security or make other arrangement satisfactory to Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy to assure payment for the completion of all plans Alterations work free and specifications for the proposed Alteration whether it will require removalclear of liens. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, Lessor in compliance with all applicable law, and in good and workmanlike manner, and shall have been approved in writing by Redwood City and any other applicable governmental agencies, if so required. Any Alteration except furniture Such approvals shall not be unreasonably withheld, conditioned or delayed by Lessor. Except as is provided for in the Removal Obligations Schedule, subject to Lessor’s right to have Lessee retain ownership and remove same, any Alteration, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Lessee, together with all property that has become an integral part of the Premises such as fume hoods which penetrate the roof or plenum area, built-in cold rooms, built-in warm rooms, deionized water systems, glass washing equipment, autoclaves, chillers, built-in plumbing, electrical and mechanical equipment and systems and any power generator and transfer switches, shall not be deemed trade fixtures, fixtures and shall become the property of Lessor at the expiration, expiration or sooner termination of the Lease, unless Lessor directs otherwise, provided that . Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "both hard copies and CAD drawings of “as built" plans for same.

Appears in 2 contracts

Samples: Option Agreement (PDL Biopharma, Inc.), Option Agreement (Biotech Spinco, Inc.)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's ’s prior written consent. As a condition to Lessor's ’s obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's ’s request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 2 contracts

Samples: Agreement and Certificate (Openwave Systems Inc), Agreement and Certificate (Openwave Systems Inc)

Alterations, Additions, and Improvements. No (a) Tenant shall not make any structural alternations, additions or improvements to the Premises without written consent of Landlord, which consent shall not be unreasonably withheld. In addition, no such work shall be performed unless and until Landlord shall have approved all plans and specifications therefore. Tenant shall submit plans and specifications depicting its proposed, structural work to Landlord for review and approval, which shall be deemed given unless Tenant is advised otherwise within twenty (20) days after the submission thereof. All such structural alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, thatimprovements, if Lessee requests same from Lessoragreed to, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans all applicable laws and specifications which regulations and shall remain for the benefit of Landlord after the Term, and Tenant shall not have been furnished any obligation to and approved by Lessor in writing prior remove the same. Prior to the commencement of work. All Alterations shall be designedany such work or the delivery of any materials, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, supplies or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title equipment to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, all contractors shall have duly and effectively waived any right of such contractor and its subcontractors to claim or file a mechanic’s or materialman’s lien against the Premises or any portion thereof or interest therein with respect to all work, materials, supplies and equipment at any time performed or supplied, to the Premises or any portion thereof, Tenant acknowledges and agrees that any approval which, Landlord may give with respect to any work to be performed by or on behalf of the Tenant under this Paragraph or any other provision of this Lease, or with respect to any contractors or subcontractors to perform the same, or with respect to any plans or specifications related thereto shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, solely for Landlord’s own protection and shall not be deemed trade fixtures. Within thirty (30) days after completion construed to provide any warranty, representation or other assurance of any Alterationkind as to the adequacy, Lesseequality or legality thereof or as to any other matter whatsoever, Lessee and Tenant shall provide Lessor with a complete set of "as built" plans be solely responsible for samesuch matters and shall indemnify, defend and hold Landlord harmless from and against all liability, damage, loss, claims, cost and expense (including reasonable attorneys’ fees) relating to any such work or other matters.

Appears in 2 contracts

Samples: Lease Agreement (ExOne Co), Lease Agreement (Ex One Company, LLC)

Alterations, Additions, and Improvements. No alterations, ------------------------------------------------------ additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 2 contracts

Samples: At Home Corp, At Home Corp

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.,

Appears in 2 contracts

Samples: Informatica Corp, Informatica Corp

Alterations, Additions, and Improvements. No A. Except for minor decorative alterations, no additional alternations, additions or improvements shall be made by Tenant without Landlord's written approval, which approval shall not be unreasonably withheld or delayed. B. Tenant, at It's sole cost and expense, shall complete all of Tenant's interior improvements subject to Landlord's written approval. Tenant's improvements shall be done in a good and workmanlike manner with materials of good quality and pursuant to appropriate governmental permits and in compliance with applicable laws and insurance requirements. Tenant's construction shall not interfere with the conducting of business by other tenants in the building. During the Lease Term, Tenant shall provide Landlord with waivers of liens for any improvements done by Tenant or Tenant's contractors to the Leased Premises or shall bond or insure over any mechanic's liens with bonding or insurance companies reasonably acceptable to Landlord. In the event Tenant fails to provide said lien waivers or bond or insurance and Landlord is required to pay for such improvements in order to remove or avoid the filing of liens, then any such sums paid by Landlord shall be considered as additional rent and shall be payable by Tenant to Landlord on demand. C. During the course of construction of the improvements, Landlord and its representative may, upon reasonable prior notice of Tenant, inspect (but shall have no duty or obligation to inspect) Tenant's construction of improvements and the materials being used. If as a result of such inspection, Landlord, or its representative shall determine that any materials do not substantially conform to, or that the improvements are not being constructed in accordance with the terms of this Lease, prompt notice thereof may be given by Landlord to Tenant specifying the nature of the deficiency or defect or omission. Upon the receipt of any such notice, Tenant shall promptly take such steps as may be necessary to correct such defect. In the event that Tenant fails to correct said defect, or commence to cure said defect within thirty (30) days after Landlord's notice (or immediately, if an emergency) Landlord shall have the right, but not the obligation, in addition to any other remedies available to Landlord, to undertake same at Tenant's expense. In such event, Tenant shall pay as additional rent to Landlord for the cost of such work immediately upon receipt of an invoice therefore together with interest thereon at the annual rate of eighteen percent (18%) from the date expended by Landlord until paid in full. D. All of Tenant's contractors and subcontractors of its contractors shall carry public liability insurance with at least $1,000,000 single limit broad form coverage and worker's compensation insurance, and each such insurance policy shall name Landlord and the owner and, their beneficiaries, officers, directors, shareholders, Managers and Members, the agents of Landlord and the owner and their agents' beneficiaries, officers, directors, shareholders, Managers and Members as additional insureds. Each such contractor and subcontractor shall submit to Landlord proof of such insurance before they may begin work on the Leased Premises. E. During construction of improvements, Tenant shall carry builder's risk insurance, public liability insurance and worker's compensation insurance, in such amounts as are reasonably acceptable to Landlord, provided that the builder's risk policy coverage shall be at least in an amount sufficient to cover all so-called "hard costs" of construction of Tenant's improvements, together with adequate soft cost coverage. Landlord and the owner and, their beneficiaries, officers, directors, shareholders, Managers and Members, the agents of Landlord and the owner and their agents' beneficiaries, officers, directors, shareholders, Managers and Members shall be named as additional insureds under said policies. Tenant shall deliver certificates of insurance to Landlord prior to commencement of construction reflecting the coverage thereunder and showing the additional insureds required hereunder. F. All alterations, additions, or improvements ("Alterations") made by Tenant shall be made to become the Premises by Lessee without the prior written consent property of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations Landlord at the expiration or termination of the Lease Term and this Lease, except trade fixtures. Tenant may remove trade fixtures belonging to restore the Premises to their prior condition by written notice given on or before the earlier of (i) Tenant at the expiration of the Lease Term Term, provided that any damage or (ii) thirty (30) days after termination prior injury caused to the expiration real estate by reason of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises removal shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved repaired by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed Tenant at the its sole cost and expense of Lessee by California licensed architectsexpense. Notwithstanding anything herein to the contrary, engineersaffixed dock plates and dock lights are to become realty and not personalty, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall may not be deemed trade fixturesremoved by Tenant. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same10.

Appears in 2 contracts

Samples: Warehouse Lease Land Lease Agreement, Land Lease Agreement (Ace Hardware Corp)

Alterations, Additions, and Improvements. No alterations(a) Except as set forth in this Section 10.1, additionsand subject to Section 9.1, or improvements ("Lessee may make any Alterations") , provided that they are consistent with the limitations on use contained in this Lease. Notwithstanding the foregoing, Lessee shall be made to the Premises by Lessee not, without the Lessor’s prior written consent of Lessor consent, which Lessor will shall not unreasonably withhold, providedcondition, howeveror delay, make any alterations or improvements to the Premises or the Hospital Assets (a) the financing and/or payments for which, in whatever form, including, without limitation, pursuant to any capital lease, loan or acquisition financing agreement, service agreement, or license agreement, extend beyond the expiration of this Lease in an amount that equals or exceeds twenty percent (20%) of the total acquisition, leasing, licensing, and/or service agreement costs for such Alteration or (b) that have a useful life (as determined in accordance with GAAP) that extends beyond the expiration of this Lease. It shall be reasonable for Lessor to withhold its consent for any Alterations to the Premises that would result in a debt, obligation, encumbrance, lien, etc., that Lessee may make Alterations which do (i) would constitute an Indenture as provided for hereunder or (ii) Lessor could not affect the Building systemsassume or accept upon expiration or earlier termination of this Lease without violating any law, exterior appearanceregulation, structural components ordinance, or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition ruling applicable to Lessor's obligation , Lessee, the Premises, or the assets, rights and interests to consider be conveyed to Lessor at Lease termination or expiration pursuant to Article XVII of this Lease, or to condition such consent on structuring any request capital expenditure for consent hereundersuch Alterations and any financing thereof, Lessee shall pay in such a manner so that Lessor upon demand could assume or accept same pursuant to Article XVII of this Lease without violating any such law, regulation, ordinance, or ruling. Commencing on the earliest to occur of (1) the date Lessor executes with a third party a new lease for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee Premises to remove any such Alterations at the be effective upon expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on this Lease, or before the earlier of (i2) the expiration of the Lease Term or date that is five (ii5) thirty (30) days after termination years prior to the expiration of the Lease Term without Lessee and Lessor having entered into an extension of the this Lease or (iii) thirty (30) days after a written request from Lessee new lease for such notice from Lessor provided, that, if Lessee requests same from Lessorthe Premises, Lessor will notify may withhold, condition, or delay any consent under this Section in Lessor’s sole and absolute discretion. If Xxxxxx is required to obtain Xxxxxx’s consent hereunder, Lessee within five (5) business days after receipt of Lessee's shall request such consent by written notice to Xxxxxx, which must be accompanied by detailed and a copy of all complete plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 2 contracts

Samples: Hospital Lease, Hospital Lease

Alterations, Additions, and Improvements. No Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions, additions or improvements ("Alterations") shall be made to the Demised Premises by Lessee without the prior written consent of Lessor Landlord, which Lessor consent will not be unreasonably withholdwithheld or delayed with respect to non-structural alterations, providedadditions or improvements and, howeverprovided that roof exhausts are installed in a manner that does not adversely affect Landlord’s roof warranty, that Lessee may make Alterations which do consent is hereby given with respect to the roof exhausts to be created in connection with the initial improvements (collectively, the “Tenant Improvements”) to be made by or on behalf of Tenant to the Demised Premises. If Landlord does not affect consent or affirmatively withhold its consent to any proposed alteration, addition or improvement to the Building systemsDemised Premises (each an “Alteration” and collectively “Alterations”), exterior appearanceor the plans and/or specifications with respect thereto, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars in writing within fifteen ($100,00015) in cost within any twelve (12) month perioddays after Landlord’s receipt of a written request therefor together with, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunderas applicable, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications related thereto, and such failure continues for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after Landlord’s receipt of Lessee's written notice thereof (such written request and such subsequent notice shall each note on the first page thereof, in bold and capitalized letters, that the failure of Landlord to provide written notice to Tenant of Landlord’s decision to give or withhold its consent to the proposed Alterations will constitute a copy deemed written consent by Landlord to the proposed Alterations and the plans and specifications, if any, with respect thereto), such Alterations, and the plans and specifications, if any, with respect thereto, shall be deemed to have been consented to in writing by Landlord. Notwithstanding anything to the contrary set forth in this Lease, Landlord shall have no right to condition its consent to any Alterations (including, without limitation, the Initial Alterations) to (i) the requirement that such Alterations be completed/performed under the direct supervision of all Landlord or Landlord’s agent or representative and/or that the cost of supervision of any Alterations be paid for by Tenant, (ii) a requirement that Tenant pay to Landlord any construction management fee or other similar type of compensation in connection therewith unless Tenant has requested and Landlord has agreed to directly supervise and/or manage the construction of the applicable Alterations, (iii) a requirement that such Alterations be performed at a time or times specified by Landlord except as otherwise permitted above in this subsection, or (iv) a requirement that Tenant remove such Alterations upon the expiration or earlier termination of this Lease except to the extent Landlord is permitted to do so pursuant to Section 7.05 below. If Landlord elects not to consent to any proposed Alterations and/or any plans and specifications submitted to Landlord with respect thereto, Landlord will identify in its written notice of such election the reasons for the proposed Alteration whether it will require removalsame. All Alterations to be made to the Premises shall be made under the supervision of a competentTenant may erect or install trade fixtures, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) shelves, bins, machinery, heating, ventilating and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designedair conditioning equipment and, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance provided that Tenant complies with all applicable lawgovernmental laws, ordinances, codes, and regulations; provided, however, Landlord agrees that Tenant’s contractor and its subcontractors can construct the initial Tenant Improvements without complying with permitting requirements of the City of Addison, Texas. At the expiration or termination of this Lease, Tenant shall, subject to the restrictions of Section 7.05 below, have the right to remove items installed by Tenant, provided Tenant is not in default at the time of the removal and provided further that Tenant shall, at the time of removal of the items, repair in a good and workmanlike mannermanner any damage caused by the installation or removal. Any Alteration except furniture and trade fixturesTenant shall pay for all costs incurred or arising out of alterations, shall become the property of Lessor at the expiration, additions or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend improvements in or to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, Demised Premises and shall not permit any mechanic’s or material man’s lien to be deemed trade fixturesfiled against the Demised Premises or the Property in connection with any of the foregoing performed by or on behalf of Tenant excluding, however, any of the foregoing performed by or on behalf of the Landlord. Within thirty (30) days after completion Upon request by Landlord, Tenant shall deliver to Landlord proof of payment reasonably satisfactory to Landlord of all costs incurred or arising out of any Alterationalterations, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for sameadditions or improvements.

Appears in 1 contract

Samples: Commercial Lease Agreement (Oryon Technologies, Inc.)

Alterations, Additions, and Improvements. No 4. Tenant will not make or allow to be made any alterations, additions, or improvements ("Alterations") in or to the Demised Premises without the written consent of Landlord before performance; such consent will not be unreasonably withheld, but Landlord may impose, as a condition of such consent, such requirements as Landlord in its sole discretion may deem reasonable or desirable, including, without limiting the generality of the foregoing, requirements as to the manner in which, the time or times at which, and the contractor by whom such work shall be done. Tenant shall not incorporate any hazardous materials (as hereinafter defined) into the Demised Premises during the performance of the alterations, additions, or improvements. All alterations, additions, or improvements when made to the Demised Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises Tenant shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished surrendered to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be Landlord and become the property of Lessor Landlord upon the expirationtermination in any manner of this Lease, but this clause shall not apply to movable non-attached fixtures or furniture of Tenant. If, however, prior to termination of this Lease, or sooner termination within fifteen (15) days thereafter, Landlord so directs by written notice to Tenant, Tenant shall promptly remove such alterations, additions, or improvements, which were placed in or on the Demised Premises by Tenant and which are designated in said notice and shall repair any damage occasioned by such removal and in default thereof Landlord may effect said removals and repairs at Tenant's sole cost and expense. All work with respect to alterations, additions, and improvements must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the improvements on the Demised Premises shall at all times be a complete unit except during the period of work. Any such alterations, additions and improvements shall be performed and done strictly in accordance with the laws and ordinances relating Revised 3/90 2 4 Underwriters, Fire Rating Bureau, or similar organization. Tenant shall obain at its sole cost and expense all required licenses and permits. In performing the work of any such alterations, additions or improvements, Tenant shall have the work performed in such a manner so as not to obstruct the access to the Building or the demised premises of any other tenant. Before commencing any such work or construction in or about the Demised Premises, Tenant shall notify Landlord in writing of the Leaseexpected date of commencement thereof. Landlord shall have the right at any time and from time to time to post and maintain on the Demised Premises such notices as Landlord deems necessary to protect the Demised Premises and Landlord from the liens of mechanics, laborers, materialmen, suppliers or vendors. If any mechanic's lien is filed against the Demised Premises or the real estate of which the Demised Premises form a part, which lien concerns the Tenant and/or the Demised Premises, Tenant shall cause same to be discharged within ten (10) days after the lien is filed by Tenant paying or bonding over said lien. Notwithstanding the foregoing, Tenant shall use Landlord's contractors for alterations to or alterations affecting any of the following: heating, ventilation, air conditioning, electrical, plumbing and life safety systems. Tenant shall not promptly pay to Landlord's contractors, when due, the cost of all such alterations. Tenant shall also pay to Landlord a fifteen percent (15%) administrative fee to reimburse Landlord for all overhead, general conditions, fees and other costs and expenses arising from the involvement of Landlord or landlord's agent with the alterations. Said percentage shall be deemed trade fixtures. Within payable within thirty (30) days after completion of the alterations. LEGAL USE AND VIOLATIONS OF INSURANCE COVERAGE 5. Tenant will not occupy or use, nor permit any Alterationportion of the Demised Premises to be occupied or used for any business or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner, Lesseeor extra hazardous on account of fire, Lessee nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents, and in the event that, by reason of acts of Tenant, there shall provide Lessor with be any increase in rate of insurance on the Building or contents created by Tenant's acts or conduct of business, then Tenant hereby agrees to pay such increase. Nor will Tenant use or occupy the Premises or permit the same to be used for any purpose whatsoever other than the Permitted Use defined herein. Tenant acknowledges and understands that the proper tenant mix of the Office Building is essential to the successful operation of the Office Building and that the restriction against the unauthorized use of the premises is not intended to act as a complete set of "as built" plans for same.restraint on trade but to protect and insure the correct tenant mix. LAWS AND REGULATIONS

Appears in 1 contract

Samples: Lease Agreement (Credit Management Solutions Inc)

Alterations, Additions, and Improvements. No alterations(a) Tenant shall not make any Alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the Landlord’s prior written consent which consent shall not be unreasonably withheld, conditioned, or delayed, and Landlord must respond within ten (10) days of Lessor which Lessor will not unreasonably withhold, receipt of a written request from Tenant; provided, however, that Lessee may make Landlord’s consent shall not be required for nonstructural Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand TEN THOUSAND AND 00/100 Dollars ($100,00010,000.00) in cost within cumulatively over each calendar year. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount reasonably satisfactory to Landlord. All Alterations, additions, and improvements shall be accomplished in a good and workmanlike manner, in conformity with all applicable Laws, and by a contractor licensed in the State of California approved by Landlord. Upon completion of any twelve (12) month periodsuch work, without Lessor's prior written consentTenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee Tenant agrees that Tenant shall pay Lessor upon demand all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs, and charges, including bond premiums for release of liens and attorneys’ fees and costs reasonably incurred in and about the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction defense of any proposed Alterationssuit in discharging the Premises or any part thereof from any liens, judgments, or encumbrances caused or suffered by Tenant. Lessor may require Lessee to remove In the event any such Alterations at lien shall be made or filed, Tenant shall bond against or discharge the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) same within thirty (30) days after termination prior the same has been made or filed. It is understood and agreed between the parties to this Lease that the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor providedexpenses, thatcosts, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations charges above referred to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) considered as Additional Rent due and shall be made included in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans lien for sameRent.

Appears in 1 contract

Samples: Commercial Lease (Triangle Canna Corp.)

Alterations, Additions, and Improvements. No alterationsSubject to the provisions of Exhibit D, additionsand except as provided below, Tenant covenants and agrees not to make or allow to be made any alterations or improvements to or in the Building or to any of the Building systems outside of the Leased Premises, or improvements ("Alterations") shall be made to any structural elements within the Premises by Lessee Leased Premises, without first obtaining the prior written consent of Lessor Landlord, which Lessor will shall not be unreasonably withholdwithheld, conditioned or delayed if such alterations or improvements are consistent with and beneficial to the Tenant’s Permitted Use of the Leased Premises. Tenant may make non-structural alterations within the Leased Premises without Landlord’s prior written consent, except as otherwise required in Exhibit D for the initial Tenant Work, and in Exhibit C for initial tenant improvements in any Expansion Space. Any alterations, physical additions or improvements when made to or in the Leased Premises by Tenant, whether temporary or permanent in character (other than Trade Fixtures), shall be deemed a part of the Property and at once become the property of Landlord and shall be surrendered to Landlord upon the termination of this Lease by lapse of time or otherwise, or, at Landlord’s option, shall be removed by Tenant and Tenant shall repair any damage caused or associated with such removal upon the expiration or earlier termination of the term of this Lease; provided, however, that Lessee may make Alterations which do this clause shall not affect apply to Trade Fixtures. All structural alterations, improvements and additions in and to the Leased Premises and all alterations or physical additions to the exterior of the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition Building systems requested or performed by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises Tenant shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished previously submitted to Landlord and approved by Lessor in writing by Landlord. Except as provided in Exhibit D, any alterations within the Leased Premises shall be performed at Tenant’s expense. Any structural, exterior or Building systems work approved by Landlord shall be accomplished by Tenant utilizing licensed contractors and subcontractors. All work performed by Tenant and its contractors and subcontractors shall be subject to the following conditions: (a) Tenant shall maintain public liability insurance in amounts not less than $1,000,000 per occurrence and $2,000,000 aggregate, insuring Tenant and Landlord against any liability that may arise on account of such construction and Tenant shall maintain xxxxxxx’x compensation insurance covering all persons employed by Tenant and will require its contractors and subcontractors to maintain xxxxxxx’x compensation insurance in connection with such work and with respect to whom death or bodily injury claims could be asserted against Tenant and/or Landlord or their respective property; (c) such construction shall not unreasonably interfere with the use by other lessees of their demised premises in the Property or Landlord’s activities with respect to the Property; (d) a certificate of insurance for each contractor and subcontractor must be submitted to the Landlord for approval, including without limitation, the type and amount of the insurance coverage, prior to commencement of work. All Alterations construction; (e) Tenant shall use reasonable efforts to insure that all Tenant’s contractors and subcontractors will be cooperative with Property personnel and comply with all Property Rules and Regulations; (f) all construction shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, done in compliance with all applicable law, and in a good and workmanlike manner. Any Alteration manner utilizing high quality materials, and any structural, exterior or Building system work approved by Landlord shall be pursuant to plans approved in advance by Landlord (except furniture as otherwise provided in this Lease), and trade fixturessuch work shall be certified by Tenant’s architect to have been constructed in accordance with the Tenant’s plans, and such certification shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, be provided that Lessee shall retain title to all furniture Landlord; (g) lien releases from each contractor and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend subcontractor must be submitted to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within Landlord within thirty (30) days after completion; and (h) all construction shall comply with all applicable governmental laws, rules and regulations, including procuring all necessary permits and approvals prior to the commencement of any such work. Tenant shall notify Landlord in writing of the completion of the approved changes or alterations. Landlord (or its authorized representative) shall have the right at any Alterationtime to inspect such changes or alterations for workmanship and compliance with the previously approved plans and specifications, Lessee, Lessee and Tenant shall provide Lessor with a complete set of "as built" plans for samepromptly correct all material deviations or defects discovered in such changes or alterations.

Appears in 1 contract

Samples: Lease Agreement (Pharmaceutical Product Development Inc)

Alterations, Additions, and Improvements. No alterations, ------------------------------------------------------ additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the any Building systemssystem, exterior appearance, structural components or structural integrity and which do not exceed exceed, with respect to each Building, collectively One Hundred Fifty Thousand Dollars ($100,00050,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term Term, or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease Lease, or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been reasonably approved by LessorLessor and such approval will not be unreasonably withheld) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty sixty (3060) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 1 contract

Samples: Lease (Interwoven Inc)

Alterations, Additions, and Improvements. No Tenant may erect such alterations, additions, and improvements inside the premises as it desires only upon receiving the prior written consent of Landlord. Minor non-structural alterations, additions and improvements with aggregate cost of less than $10,000 will not require the prior written consent of Landlord. All such alterations, additions, or improvements ("Alterations") shall be made to performed in a workmanlike manner and shall not weaken or impair the Premises by Lessee without structural strength or lessen the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination value of the Lease Term building and to restore the Premises to their prior condition by written notice given on premises, or before change the earlier of (i) purposes for which the expiration of the Lease Term building, or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease any part thereof, may be used. Any such alterations, additions, or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises improvements shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed erected at the sole cost and expense of Lessee by California licensed architects, engineersTenant, and contractors approved by LessorTenant shall have no right, authority, or power to bind Landlord or any interest of Landlord in compliance with all applicable lawthe Leased Premises, for the payment of any claim for labor or materials or for any charge or expense incurred in the erection, construction, or maintenance of such improvements, nor to render said Leased Premises liable for any lien for labor, material, or any other charge incurred in connection therewith, and Tenant shall in good no way be considered the agent of Landlord in the erection, construction, operation and workmanlike manner. Any Alteration maintenance of said improvements, including electrical, plumbing and anything screwed, bolted or attached to the building, unless specifically excluded by written agreement between the Tenant and Landlord except furniture and trade fixtures” put in at the expense of Tenant, shall remain upon and be surrendered with the premises as a part thereof, at any termination of the lease, for any cause, and shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the PremisesLandlord. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and Tenant shall not allow any mechanic or materialmen liens to be deemed trade fixturesfiled against the Leased Premises or any part thereof. Within thirty (30) days after completion If any such lien is filed, Tenant shall immediately cause such lien to be released by posting an appropriate bond or paying the claim which is the basis for the lien. Tenant is leasing the Leased Premises in its “as is” condition except for the improvements to be constructed by Landlord listed in Section 32 of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samethis lease.

Appears in 1 contract

Samples: Lease Agreement (AgEagle Aerial Systems Inc.)

Alterations, Additions, and Improvements. No Tenant shall not permit, make or allow to be made any construction, alterations, additions, physical additions or improvements ("Alterations") shall be made in or to the Premises by Lessee or placement of any signs in the Premises which are visible from outside the Premises (collectively, “Tenant Work”), without obtaining the prior written consent of Lessor Landlord which Lessor may be withheld in Landlord’s sole discretion. Notwithstanding the foregoing, Landlord will not unreasonably withholdwithhold its consent to Tenant Work that: (i) is non-structural and does not adversely affect any Building Systems or improvements, (ii) is not visible from the exterior of the Premises, (iii) does not affect the exterior of the Building or any Common Areas, (iv) does not violate any provision of this Lease, (v) does not violate any Laws, and (vi) will not interfere with the use and occupancy of any other portion of the Project by any other tenant or occupant of the Project. Tenant’s plans and specifications and all contractors, subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall be subject to Landlord’s prior written approval. If requested by Landlord, Tenant shall execute a work letter for any such Tenant Work substantially in the form then used by Landlord for construction performed by tenants of the Building. Tenant shall pay Landlord a construction oversight fee in an amount equal to five percent (5%) of the cost and expense of any Tenant Work whether undertaken by Landlord or Tenant; provided, however, that Lessee may make Alterations which do such fee shall not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition apply to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed AlterationsInitial Improvements. Lessor Landlord may require Lessee hire outside consultants to remove review such documents and information furnished to Landlord, and Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys’ fees, upon demand. Neither review nor approval by Landlord of any plans or specifications shall constitute a representation or warranty by Landlord that such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of documents either (i) the expiration of the Lease Term are complete or suitable for their intended purpose, or (ii) thirty (30) days after termination prior comply with applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to the expiration of the Lease Term of the Lease Tenant or (iii) thirty (30) days after a written request from Lessee any other person or entity for such notice completeness, suitability or compliance. Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings (both in paper and in electronic format acceptable to Landlord) or a finish schedule in the case of only cosmetic work after completion of such Tenant Work. Landlord may impose such conditions on Tenant Work as are reasonably appropriate, including without limitation, compliance with any construction rules adopted by Landlord from Lessor providedtime to time, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such Tenant Work, insurance covering Landlord against liabilities which may arise out of such work, plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineersspecifications, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike mannerpermits for such Tenant Work. Any Alteration except furniture and all Tenant Work, excluding furniture, personal property, and trade fixtures, shall become the property of Lessor at Landlord upon completion and shall be surrendered to Landlord upon the expirationtermination or expiration of this Lease for any reason, unless Landlord shall require removal or sooner termination restoration by Tenant. Tenant shall not allow any liens to be filed against the Premises or the Project in connection with any Tenant Work. If any liens are filed, Tenant shall cause the same to be released within five (5) business days after Tenant’s receipt of written notice of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title filing of such lien by bonding or other method acceptable to all furniture and trade fixtures placed on the PremisesLandlord. All heatingOutside Contractors shall maintain insurance in amounts and types required by, lightingand in compliance with, electricalSection 20. XXXXX 25 (or its equivalent) certificates of insurance evidencing such coverage shall be provided to Landlord prior to commencement of any Tenant Work. All Outside Contractors shall perform all work in a good and workmanlike manner, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together in compliance with all property that has become an integral part of the Premises, Laws and all applicable Project Rules and Building construction rules. No Tenant Work shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixturesunreasonably disruptive to other tenants. Within thirty (30) days after Prior to final completion of any AlterationTenant Work, LesseeLandlord shall prepare and submit to Tenant a punch list of items to be completed, Lessee and Tenant shall provide Lessor with a diligently complete set of "as built" plans for sameall such punch list items.

Appears in 1 contract

Samples: Lease Agreement (ADS Tactical, Inc.)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, condition or delay, provided, however, that Lessee may make Alterations (including removal and rearrangement of Lessee Improvements and prior Alterations) which do not affect the Building 8 systems, exterior appearance, structural components or structural integrity integrity, which do not require a building permit and which do not exceed Fifty Thousand Dollars ($50,000) individually, or collectively exceed One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's ’s prior written consent. As a condition to Lessor's ’s obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations, and if consent is granted, within ten (10) days after Lessee executes a construction contract, a construction management fee equal to one percent (1%) of all costs of demolition, construction and installation of any Alterations; the fee shall be adjusted on thirty (30) days notice after cancellation of the Alterations and a determination of final costs of same, which Lessee shall provide to Lessor along with all supporting documentation within said thirty (30) days. Lessor may require Lessee to remove any such Alterations (except the “Removable Alterations” described on Schedule 2 hereto) at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior pursuant to the expiration terms of Section 17.09 hereof; provided that Lessor shall make such election, if at all, at the Lease Term time consent to such Alteration is given, if such election is requested in writing of Lessor at such time by Lessee. Notwithstanding the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, thatforegoing, if Lessee requests same from installs an internal stairway between the fourth floor and the fifth floor of Building 8, then Lessor may, at any time during the Lease Term, in Lessor’s sole discretion, Lessor will notify require Lessee within five (5) business days after receipt to remove such stairway upon the expiration or earlier termination of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removalthis Lease. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations requiring a building permit shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner, and shall have been approved in writing by Redwood City and any other applicable governmental agencies. Any Alteration except furniture Such approvals shall not be unreasonably withheld, conditioned or delayed by Lessor. Subject to Lessor’s right to have Lessee retain ownership and remove same, any Alteration, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Lessee, , together with all property that has become an integral part of the Premises such as fume hoods which penetrate the roof or plenum area, built-in cold rooms, built-in warm rooms, deionized water systems, glass washing equipment, autoclaves, chillers, built-in plumbing, electrical and mechanical equipment and systems and any power generator and transfer switches, shall not be deemed trade fixtures, fixtures and shall become the property of Lessor at the expiration, expiration or sooner termination of the Lease, unless Lessor directs otherwise, provided that . Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "both hard copies and CAD drawings of “as built" plans for same. The Lessor’s Work shall not be deemed “Alterations” and Lessee shall have no obligation to remove or restore the Lessor’s Work upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: And Interior Specification Standards (Threshold Pharmaceuticals Inc)

Alterations, Additions, and Improvements. No Tenant shall not permit, make or allow to be made any construction, alterations, additions, physical additions or improvements ("Alterations") shall be made in or to the Premises by Lessee or placement of any signs in the Premises which are visible from outside the Premises (collectively, “Tenant Work”), without obtaining the prior written consent of Lessor Landlord which Lessor may be withheld in Landlord’s sole discretion. Notwithstanding the foregoing, Landlord will not unreasonably withholdwithhold its consent to Tenant Work that: (i) is non-structural and does not adversely affect any Building Systems or improvements, (ii) is not visible from the exterior of the Premises, (iii) does not affect the exterior of the Building or any Common Areas, (iv) does not violate any provision of this Lease, (v) does not violate any Laws, and (vi) will not interfere with the use and occupancy of any other portion of the Project by any other tenant or occupant of the Project. Tenant’s plans and specifications and all contractors, subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall be subject to Landlord’s prior written approval, not to be unreasonably withheld. If requested by Landlord, Tenant shall execute a work letter for any such Tenant Work substantially in the form then used by Landlord for construction performed by tenants of the Building. Tenant shall pay Landlord a construction oversight fee in an amount equal to five percent (5%) of the cost and expense of any Tenant Work whether undertaken by Landlord or Tenant; provided, however, that Lessee may make Alterations which do such fee shall not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition apply to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed AlterationsInitial Improvements. Lessor Landlord may require Lessee hire outside consultants to remove review such documents and information furnished to Landlord, and Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys’ fees, upon demand not to exceed $2,500.00. Neither review nor approval by Landlord of any plans or specifications shall constitute a representation or warranty by Landlord that such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of documents either (i) the expiration of the Lease Term are complete or suitable for their intended purpose, or (ii) comply with applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings (both in paper and in electronic format acceptable to Landlord) after completion of such Tenant Work. Landlord may impose such conditions on Tenant Work as are reasonably appropriate, including without limitation, compliance with any reasonable construction rules adopted by Landlord from time to time, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such Tenant Work, insurance covering Landlord against liabilities which may arise out of such work, plans and specifications, and permits for such Tenant Work. Any and all Tenant Work shall become the property of Landlord upon completion and shall be surrendered to Landlord upon the termination or expiration of this Lease for any reason, unless Landlord shall require removal or restoration by Tenant or if removal or restoration was required by Landlord upon submission of the plans to Landlord for approval of such Tenant’s Work. Tenant shall not allow any liens to be filed against the Premises or the Project in connection with any Tenant Work. If any liens are filed, Tenant shall cause the same to be released within thirty (30) days after termination prior to the expiration Tenant's receipt of written notice of the Lease Term filing of the Lease such lien by bonding or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removalother method acceptable to Landlord. All Alterations to be made to the Premises Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. XXXXX 25 (or its equivalent) certificates of insurance evidencing such coverage shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished provided to and approved by Lessor in writing Landlord prior to commencement of workany Tenant Work. All Alterations Outside Contractors shall be designed, constructed perform all work in a good and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessorworkmanlike manner, in compliance with all Laws and all applicable law, Project Rules and in good and workmanlike mannerBuilding construction rules. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, No Tenant Work shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixturesunreasonably disruptive to other tenants. Within thirty (30) days after Prior to final completion of any AlterationTenant Work, LesseeLandlord shall prepare and submit to Tenant a punch list of items to be completed, Lessee and Tenant shall provide Lessor with a diligently complete set of "as built" plans for sameall such punch list items.

Appears in 1 contract

Samples: Lease Agreement (UBL Interactive,Inc.)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent[***]. As a condition to Lessor's ’s obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of third-party consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's ’s request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 1 contract

Samples: Sublease (Supportsoft Inc)

Alterations, Additions, and Improvements. No Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions, additions or improvements ("Alterations") shall be made to the Premises by Lessee demised premises without the prior written consent of Lessor which Lessor will Landlord. Consent for non-structural alterations, additions or improvements shall not be unreasonably withholdwithheld by Landlord. Tenant shall have the right to erect or install shelves, providedbins, howevermachinery, air conditions or heating equipment and trade fixtures, provided that Lessee may make Alterations which do Tenant complies with all applicable governmental laws, ordinances and regulations. At the expiration or termination of this lease, Tenant shall have the right to remove such items so installed, provided Tenant is not affect in default at the Building systemstime of such removal and provided further that Tenant shall, exterior appearanceat the time of removal of such items, structural components repair in a good and workmanlike manner any damage caused by installation or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consentremoval thereof. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee Tenant shall pay Lessor upon demand for all costs incurred or arising out of alterations, additions or improvements in or to the reasonable demised premises and shall not permit a mechanic's or materialmen's lien to be asserted against the demised premises. Upon request by Landlord, Tenant shall deliver to Landlord proof of payment reasonably satisfactory to Landlord of all costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction incurred or arising out of any proposed Alterationssuch alterations, additions or improvements. Lessor may require Lessee All alternations, additions or improvements in or to remove any such Alterations the demised premises shall become the property of Landlord at the expiration or termination of this lease, however, Landlord may direct the Lease Term and to restore the Premises to their prior condition removal of alterations, additions or improvements by giving written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination to Tenant prior to the expiration or termination of this lease. At the Lease Term direction of Landlord, Tenant shall promptly remove all alterations, additions and improvements and any other property placed in the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request demised premises by Tenant and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises Tenant shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and repair in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made manner any damage caused by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samesuch removal.

Appears in 1 contract

Samples: Lease Agreement (Asd Systems Inc)

Alterations, Additions, and Improvements. No Tenant shall not permit, make or allow to be made any construction, alterations, additions, physical additions or improvements ("Alterations") shall be made in or to the Premises by Lessee or placement of any signs in the Premises which are visible from outside the Premises (collectively, “Tenant Work”), without obtaining the prior written consent of Lessor Landlord which Lessor may be withheld in Landlord’s sole discretion. Notwithstanding the foregoing, Landlord will not unreasonably withholdwithhold its consent to Tenant Work that: (i) is non-structural and does not adversely affect any Building Systems or improvements, (ii) is not visible from the exterior of the Premises, (iii) does not affect the exterior of the Building or any Common Areas, (iv) does not violate any provision of this Lease, (v) does not violate any Laws, and (vi) will not interfere with the use and occupancy of any other portion of the Project by any other tenant or occupant of the Project. Tenant’s plans and specifications and all contractors, subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall be subject to Landlord’s prior written approval. If requested by Landlord, Tenant shall execute a work letter for any such Tenant Work substantially in the form then used by Landlord for construction performed by tenants of the Building. Tenant shall pay Landlord a construction oversight fee in an amount equal to ten percent (10%) of the cost and expense of any Tenant Work whether undertaken by Landlord or Tenant; provided, however, that Lessee may make Alterations which do such fee shall not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition apply to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed AlterationsInitial Improvements. Lessor Landlord may require Lessee hire outside consultants to remove review such documents and information furnished to Landlord, and Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys’ fees, upon demand. Neither review nor approval by Landlord of any plans or specifications shall constitute a representation or warranty by Landlord that such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of documents either (i) the expiration of the Lease Term are complete or suitable for their intended purpose, or (ii) thirty comply with applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings (30both in paper and in electronic format acceptable to Landlord) days after completion of such Tenant Work. Landlord may impose such conditions on Tenant Work as are reasonably appropriate, including without limitation, compliance with any construction rules adopted by Landlord from time to time, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such Tenant Work, insurance covering Landlord against liabilities which may arise out of such work, plans and specifications, and permits for such Tenant Work. Any and all Tenant Work shall become the property of Landlord upon completion and shall be surrendered to Landlord upon the termination prior to the or expiration of this Lease for any reason, unless Landlord shall require removal or restoration by Tenant. Tenant shall not allow any liens to be filed against the Lease Term of Premises or the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor providedProject in connection with any Tenant Work. If any liens are filed, that, if Lessee requests Tenant shall cause the same from Lessor, Lessor will notify Lessee to be released within five (5) business days after Tenant’s receipt of Lessee's request and a copy written notice of all plans and specifications for the proposed Alteration whether it will require removalfiling of such lien by bonding or other method acceptable to Landlord. All Alterations to be made to the Premises Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. XXXXX 25 (or its equivalent) certificates of insurance evidencing such coverage shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished provided to and approved by Lessor in writing Landlord prior to commencement of workany Tenant Work. All Alterations Outside Contractors shall be designed, constructed perform all work in a good and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessorworkmanlike manner, in compliance with all Laws and all applicable law, Project Rules and in good and workmanlike mannerBuilding construction rules. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, No Tenant Work shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixturesunreasonably disruptive to other tenants. Within thirty (30) days after Prior to final completion of any AlterationTenant Work, LesseeLandlord shall prepare and submit to Tenant a punch list of items to be completed, Lessee and Tenant shall provide Lessor with a diligently complete set of "as built" plans for sameall such punch list items.

Appears in 1 contract

Samples: Lease Agreement (Us Dataworks Inc)

Alterations, Additions, and Improvements. No LESSEE may erect such alterations, additions, and improvements inside the premises as it desires only upon receiving the prior written consent of LESSOR, which consent shall not be unreasonably withheld or delayed. Minor alterations, additions and improvements will not require the prior written consent of LESSOR. All such alterations, additions, or improvements ("Alterations") shall be made to performed in a workmanlike manner and shall not weaken or impair the Premises by Lessee without structural strength or lessen the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination value of the Lease Term building and to restore the Premises to their prior condition by written notice given on premises, or before change the earlier of (i) purposes for which the expiration of the Lease Term building, or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease any part thereof, may be used. Any such alterations, additions, or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises improvements shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed erected at the sole cost and expense of Lessee by California licensed architects, engineersLESSEE, and contractors approved LESSEE shall have no right, authority, or power to bind LESSOR or any interest of LESSOR in the Leased Premises, for the payment of any claim for labor or materials or for any charge or expense incurred in the erection, construction, or maintenance of such improvements, nor to render said Leased Premises liable for any lien for labor, material, or any other charge incurred in connection therewith. LESSEE shall in no way be considered the agent of LESSOR in the erection, construction, operation and maintenance of said improvements, including electrical, plumbing and anything screwed, bolted or attached to the building, unless specifically excluded by written agreement between the LESSEE and Lessor. "Trade fixtures" put in at the expense of LESSEE, in compliance shall remain upon and be surrendered with all applicable lawthe premises as a part thereof, at any termination of this lease, for any cause, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the PremisesLESSOR. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and LESSEE shall not allow any mechanic or materialmen liens to be deemed trade fixturesfiled against the Leased Premises or any part thereof for work performed by or on behalf of LESSEE. Within thirty If any such lien is filed, LESSEE shall immediately cause such lien to be released by posting an appropriate bond or paying the claim that is the basis for the lien. LESSEE is leasing the Leased Premises in an as is condition except for the improvements to be constructed by LESSOR (30at LESSOR'S sole expense) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of listed in EXHIBIT "as builtC" plans for sameattached to this lease.

Appears in 1 contract

Samples: Lease Agreement (Sportsmans Guide Inc)

Alterations, Additions, and Improvements. No Following the date on which Tenant first occupies the Premises, Tenant shall have the right to make alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent upon receipt of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without LessorLandlord's prior written consent, which will not be withheld unless the making or installation of the Alterations (i) adversely affects the Building Structure, (ii) adversely affects the Building Systems, (iii) affects the appearance of any part of the Building visible from outside the Premises, (iv) does not comply with Applicable Laws, or (v) unreasonably interferes with the normal and customary business operations of the other tenants in the Building (individually and collectively, a "Design Problem"). As Landlord may, as a condition to Lessor's obligation to consider any the installation thereof and if such request for consent hereunder, Lessee shall pay Lessor upon demand for is made concurrently with the reasonable costs and expenses approval of consultants, engineers, architects and others for reviewing the plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may therefor, require Lessee Tenant to remove any such Alterations at its sole cost and expense, it being agreed and understood that in no event will Tenant have any obligation to remove any such Alterations unless, in Landlord's reasonable judgment, they do not qualify as standard office-type tenant improvements. Notwithstanding anything to the expiration contrary set forth herein, Tenant shall not be required to obtain Landlord's prior consent with respect to any strictly cosmetic work performed within the Premises by Tenant, such as the installation of wall coverings or termination floor coverings or non-structural alterations which do not exceed Twenty-Five Thousand Dollars ($25,000), which are not visible from the outside of the Lease Term Premises and which comply with all Rules and Regulations, Building Regulations and Landlord's structural, engineering and design requirements for the Building. Tenant shall give Landlord at least ten (10) days' prior written notice of the commencement of any work on the Premises. In no event shall Tenant be required to restore provide payment and performance bonds in connection with any such Alteration work so long as the financial condition of Tenant is satisfactory. Landlord may elect to record and post notices of non- responsibility on the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a Building. Upon Landlord's written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt Tenant shall promptly remove any Alterations constructed in violation of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of workthis Section. All Alterations shall be designed, constructed and installed accomplished at the Tenant's sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in a good and workmanlike manner. Any Alteration except furniture , in conformity with all applicable laws and trade fixturesregulations, by a contractor and subcontractors chosen by Tenant and reasonably approved by Landlord and shall become be the property of Lessor at the expirationLandlord. As soon as reasonably practicable, or sooner termination Tenant shall provide Landlord with copies of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Leaseconstruction contracts, and shall not be deemed trade fixturesproof of payment for all labor and materials. Within thirty (30) days after Promptly upon completion of any Alterationsuch work, Lessee, Lessee Tenant shall provide Lessor Landlord with a complete set of any "as built" plans . plans. Tenant shall promptly pay when due all claims for samelabor and materials furnished to the Premises.

Appears in 1 contract

Samples: Office Lease (Catellus Development Corp)

Alterations, Additions, and Improvements. No alterations, additions, Lessee shall not make or improvements ("Alterations") shall allow to be made any alterations or physical additions in or to the Premises by Lessee without first obtaining the prior written consent of Lessor Lessor, which Lessor will consent shall not be unreasonably withholdwithheld, delayed or conditioned; provided, however, that Lessee may make Alterations acknowledges and agrees that it shall not be unreasonable for Lessor to withhold its approval to any alterations or physical additions which do are structural in nature or which could affect adversely the mechanical, plumbing or electrical systems for the Building. Lessor shall not affect the Building systemsbe liable as a result of any such consent for completeness, exterior appearancedesign sufficiency, structural components or structural integrity compliance with any law, ordinance, order, rule, or regulation and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay indemnify, defend and hold Lessor upon demand for the reasonable costs harmless from all claims, demands, damages, causes of action or litigation, arising out of or resulting from such alterations. Any and expenses of consultantsall alterations, engineersadditions or improvements, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination other than that portion of the Lease Term and initial Tenant improvements which are to restore the Premises to their prior condition be provided by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior Lessor pursuant to the expiration terms of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor providedExhibit “B” hereto, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of at Lessee’s sole expense in a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) good and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessorworkmanlike manner, in compliance with all applicable lawlaws, ordinances and in good and workmanlike mannerregulations, with a contractor approved by Lessor, which approval shall not be unreasonably withheld, conditioned or delayed. Any Alteration except furniture and trade fixturesAt Lessor’s option, all such alterations, additions or improvements upon the earlier to occur of (i) the termination date of the Lease or (ii) Lessor’s termination of Lessee’s right of possession of the Premises pursuant to Section 29 of the Lease, shall become the property of Lessor at and shall be surrendered to Lessor upon the expirationtermination of this Lease by lapse of time or otherwise; provided, however this clause shall not apply to removable equipment or sooner termination furniture owned by Lessee and which can be removed without damage to the Building or the Premises, provided there is no default by Lessee in any of the terms and conditions of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend Notwithstanding anything foregoing to the ceiling contrary, upon the earlier to occur of (i) the termination date of this Lease, or connect (ii) Lessor’s termination of Lessee’s possession of the Premises pursuant to Section 29 hereof, Lessor may require Lessee to remove the “Identified Alterations” or any part thereof, and restore the same to the customary condition of so-called “second generation space” and to restore any portion of the Building wallsshell affected by such removal to its condition prior to installation of said Identified Alterations, reasonable wear and tear excepted. The rights conferred to Lessor hereunder shall be in addition to (and not in conflict with) any other rights conferred on Lessor by this Lease, in equity or at law. At such time as Lessor approves the plans for the Tenant Improvements (as provided for in Exhibit “B”), drapery and carpeting installations made by Lessee together with all property that has become an integral part of Lessor shall identify which alterations, additions or improvements to the Premises, including without limitation, any cabling or other computer, satellite or telecommunications equipment or hardware, either located in the Premises or elsewhere within the Building or the Land, which Lessor may require be removed at expiration or earlier termination of this Lease (the “Identified Alterations”); provided, however, Lessor shall have the right until the date of expiration or earlier termination, by written notice to Lessee, to select which of the Identified Alterations shall be removed and become the property of Lessor upon the expiration, or sooner termination of the Lease, and which shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for sameremoved.

Appears in 1 contract

Samples: Lease Agreement (Inovio Biomedical Corp)

Alterations, Additions, and Improvements. No Lessee, at Lessee's option --------------------------------------- can, at any time during the term of this Lease, alter, add to and improve the Leased Premises. Such alterations, additions, or additions and improvements ("Alterations") shall be made at the sole expense of the Lessee. Lessee shall have the right to erect and maintain, at their own expense, a sign or signs on the Premises by Lessee without building and elsewhere on the leased premises, subject to the prior written consent of Lessor which Lessor will not unreasonably withholdas to design and placement, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore equip, fixture, store and maintain and alter the Premises to their prior condition by written notice given on or before the earlier arrangements of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become equipment in the property interior of Lessor said Premises at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, its discretion without restriction provided that Lessee shall retain title to at all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together times comply with all property that has become an integral laws and regulations applicable thereto. Lessee shall not permit the premises or any part of the Premisesthereof to be encumbered by any materialmen's, shall be and become the property of Lessor upon the expirationmechanics', contractors' or sooner termination of the Leaseother liens, and shall not if any such lien is filed against the Premises or any part thereof for labor or materials furnished or to be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, furnished to Lessee, Lessee shall provide discharge the same of record within ten (10) days after the date of filing, and hold the Lessor harmless against the liens claimed. If Leasee fails to discharge any such mechanics' lien within such period, then, in addition to any other right or remedy of Lessor, Lessor may, but shall not be obligated to, discharge the same either by payment of the amount claimed ox by procuring discharge of such lien by deposit in court or giving of security or in such other manner as may be prescribed by law. Any amount paid by Lessor to discharge any such lien, including all necessary disbursements, expenses and reasonable Exhibit 10.2 legal fees, with interest thereon at the rate of twelve percent (12%) from the date of any payments, shall be repaid by Lessee to Lessor on demand and, if unpaid, may be treated as additional rent. Notice is hereby given that Lessor shall not be liable for any labor or materials furnished or to be furnished to Lessee upon credit, and that no lien for any such labor or materials shall attach to or affect the reversionary or other estate or interest of Lessor .in and to the premises or any part thereof or any of the appurtenances or equipment and Lessee shall execute a complete set notice under the Florida Statutes if requested by Lessor to document this. All furniture, appliances, machinery, tools, equipment and partitions, and in addition all other fixtures and improvements which have not been permanently incorporated in the realty so as to be an integral part thereof, which have been or will be installed by Lessee at its expense shall remain the property of "Lessee, as built" plans for same.the case may be, and may be removed at any time during the term of this lease by Lessee. Lessor hereby waives all its right, title and interest to the aforementioned items, provided Lessee is not and has not been in default under the terms of this Lease. If the Lessee installs any electrical equipment which overloads the lines in the Premises or the Building, the Lessee shall, at its own cost and expense, promptly make whatever changes are necessary to remedy such condition and to comply with all requirements of the Lessor and the Board of Fire Insurance Underwriters and any similar body and any governmental authority having jurisdiction thereof. For the purposes of this paragraph, any finding or schedule of the Fire Insurance Rating Organization having jurisdiction thereto shall be deemed to be conclusive. Exhibit 10.2

Appears in 1 contract

Samples: Forefront Inc

Alterations, Additions, and Improvements. No 5. Tenants shall not make or allow to be made any alterations, additions, or improvements ("Alterations") shall be made in or to the Premises by Lessee without the prior written consent of Lessor which Lessor Landlord; such consent will not be unreasonably withholdwithheld, but Landlord may impose, as a condition of such consent, such requirements as Landlord in its sole discretion may deem reasonable or desirable, including without limiting the generality of the foregoing, requirements as to the manner in which, the time or times at which, and the contractor by whom such work shall be done. Such alterations, additions, or improvements when made to the Premises by Tenant shall be surrendered to Landlord and become the property of Landlord upon termination in any manner of this Lease, but this clause shall not apply to movable non-attached fixtures or furniture of Tenant, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's if prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on this Lease, or before the earlier of (i) the expiration of the Lease Term or (ii) within thirty (30) days after termination prior thereafter, Landlord so directs by written notice to Tenant, Tenant shall promptly remove such alterations, additions, or improvements, which were placed in or on the Premises by Tenant and which are designated in said notice and shall repair any damage occasioned by such removal and in default thereof Landlord may affect said removals and repairs at Tenant's expense. All work with respect to alterations, additions, and improvements shall be done in a good and workmanlike manner and diligently prosecuted to completion to the expiration of end that the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to improvements on the Premises shall at all times be made under a complete unit except during the supervision period of a competentwork. Any such alterations, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) additions and improvements shall be made performed and done strictly in accordance with plans the laws and specifications which have been furnished to ordinances relating thereto, and approved by Lessor in writing prior to commencement with the requirements of workall carriers of insurance on the Premises and the Board of Underwriters, Fire Rating Bureau, or similar organization. All Alterations Tenant shall be designed, constructed and installed obtain at the its sole cost and expense all required licenses and permits. In performing the work of Lessee by California licensed architectsany such alterations, engineersadditions or improvements, and contractors approved by Lessor, Tenant shall have the work performed in compliance with all applicable law, and such a manner so as not to obstruct the access to or within the Building of any other tenant. Before commanding any such work or construction in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of about the Premises, Tenant shall be and become the property of Lessor upon the expiration, or sooner termination notify Landlord in writing of the Leaseexpected date of commencement thereof. Landlord shall have the right at any time and from time to time to post and maintain on the Premises such notices as Landlord deems necessary to protect the Premises or the Project, and Landlord from the liens of mechanic, laborers, materialman, suppliers or vendors. If any liens are filed against Landlord or any part the Project as a result of Tenant's work, Tenant shall not cause same to be deemed trade fixtures. Within thirty discharged by payment or bonding within ten (3010) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.such lien is filed. LEGAL AND VIOLATIONS OF INSURANCE COVERAGE

Appears in 1 contract

Samples: Lease Agreement (Medibuy Com Inc)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor Lessors which Lessor will not unreasonably withhold, condition or delay, provided, however, that Lessee may make Alterations (including removal and rearrangement of the prior Alterations) which do not affect the Building systems, exterior appearance, structural components or structural integrity integrity, which do not require a building permit and which do not exceed collectively One Hundred Twenty Thousand Dollars ($100,000120,000) in cost within any twelve (12) month period, without Lessor's ’s prior written consent. As a condition to Lessor's ’s obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided, however, that if requested in writing by written notice given on or before Lessee to do so at the earlier of (i) time consent for such Alteration is requested, Lessor shall inform Lessee at the time Lessor consents to such Alteration whether such Alteration must be removed from the Premises upon the expiration or earlier termination of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removalthis Lease. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Any Alteration except furniture Such approvals shall not be unreasonably withheld, conditioned or delayed by Lessor. Subject to Lessor’s right to have Lessee retain ownership and remove same, any Alteration, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Lessee, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures, fixtures and shall become the property of Lessor at the expiration, expiration or sooner termination of the Lease. For those Alterations which do not require Lessor’s consent, unless to the extent specifically requested of Lessor directs otherwisein writing by Lessee at the time such Alteration is made, provided that Lessor shall by written notice to Lessee advise Lessee whether Lessee is required to remove such Alterations upon the expiration or earlier termination of this Lease. Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 1 contract

Samples: Letter Agreement (Blue Coat Systems Inc)

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Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee Tenant without the prior written consent of Lessor Landlord, which Lessor will shall not be unreasonably withhold, withheld; provided, however, that Lessee Tenant, without Landlord’s prior written consent, but upon not less than ten (10) business days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the Building systems, exterior appearance, structural integrity or any structural components of the Building or structural integrity and which the Project, (c) are not visible from the exterior of the Building, (d) do not exceed collectively One Hundred require a building permit, and (e) do not involve the expenditure of more than Ten Thousand Dollars ($100,00010,000.00) in cost within any given instance or Twenty-Five Thousand Dollars ($25,000) in the aggregate during any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's Landlord’s obligation to consider any request for consent hereunder, Lessee shall Tenant hereby agrees to pay Lessor Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor In addition, if Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Lessee Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. Notwithstanding the foregoing, any Alterations not approved by written notice given on or before the earlier Landlord in writing (regardless of (iwhether such Alterations required Landlord’s approval hereunder) shall, unless otherwise directed by Landlord, be removed at the expiration or sooner termination of the Lease Term or (ii) thirty (30) days after termination and Tenant shall restore the Premises to their prior condition pursuant to the expiration terms of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removalSection 17.09 hereof. All Alterations to be made to the Premises shall be designed by and made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by LessorLandlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor Landlord in writing prior to commencement of work. All Alterations shall be designed, constructed and installed installed, at the sole cost and expense of Lessee Tenant, by California licensed architects, engineers, and contractors approved by LessorLandlord, in compliance with the terms and conditions of the Work Letter Agreement attached hereto as Exhibit C, along with all applicable lawApplicable Laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Santa Xxxx and any other applicable governmental agencies. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain title to ownership thereof), all furniture and trade fixtures placed on the Premises. All heatingAlterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning, conditioning and full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls)partitioning, drapery and carpeting installations made by Lessee Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Lessor upon Landlord at the expiration, expiration or sooner termination of the Lease, . Tenant shall retain title to all furniture and shall not be deemed trade fixturesfixtures placed on the Premises. Within thirty (30) days after completion of any AlterationAlterations, Lessee, Lessee Tenant shall provide Lessor Landlord with (A) a complete set of "both hard copies and CAD drawings of “as built" plans for samesuch Alterations, and (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor and, if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereof.

Appears in 1 contract

Samples: Work and Interior Specification Standards (Imprivata Inc)

Alterations, Additions, and Improvements. No Tenant shall not make any alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the Landlord's prior written consent of Lessor which Lessor will not unreasonably withholdconsent, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, except for non-structural components or structural integrity and alterations which do not exceed collectively One Hundred Five Thousand Dollars ($100,0005,000.00) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of cumulatively over the Lease Term and which are not visible from the outside of the Building. Landlord may require Tenant to restore provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall promptly remove any alterations made upon Landlord's written request after the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration end of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removalTerm. All Alterations to be made to the Premises shall be made under the supervision of a competentalterations, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineersadditions, and contractors approved by Lessor, improvements will be accomplished in compliance with all applicable law, and in a good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together in conformity with all property that has become an integral part of the Premises, shall be applicable laws and become the property of Lessor upon the expiration, or sooner termination of the Leaseregulations, and shall not be deemed trade fixturesby a contractor licensed in the State of Florida approved by Landlord. Within thirty (30) days after Upon completion of any Alterationsuch work, Lessee, Lessee Tenant shall provide Lessor Landlord with a complete set of "as built" plans plans, copies of all construction contracts, and proof of payment for sameall labor and materials. Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorneys fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any liens, judgments, or encumbrances caused or suffered by Tenant. In the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. It is understood and agreed between the parties to this lease that the expenses, costs and charges above referred to shall be considered as Rent due and shall be included in any lien for Rent. Tenant shall not have any authority to create any liens for labor or material on Landlord's interest in the Premises and all persons contracting with Tenant for the destruction or removal of any facilities or other improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all materialmen, contractors, mechanics, and laborers are hereby charged with notice (which notice Tenant shall deliver in writing to each such party prior to the commencement of any service by said party) that they must look only to Tenant and to Tenant's interests in the Premises to secure the payment of any xxxx for work done or material furnished at the request or instruction of Tenant. The provisions of this paragraph are set forth in a notice which has been recorded by Landlord in the Public Records of Palm Beach County, Florida.

Appears in 1 contract

Samples: Warehouse Lease (Newagecities Com Inc)

Alterations, Additions, and Improvements. No The Park District shall not perform any material alterations, additions, additions or improvements ("Alterations") shall be made to on the Premises by Lessee Flick Park Property, without the prior written consent of Lessor which Lessor will not unreasonably withholdthe Board. For purposes of this Section, provided“material alterations, additions or improvements” means any alteration, addition or improvement with a projected cost in excess of $25,000. Further, if consent for alterations, additions and or improvements is provided by the Board, the Park District shall ensure that any contractors performing any work on the Flick Park Property have entered into a written agreement with the Park District, and such written agreement contains: (i) a provision requiring the contractor to pay the prevailing wages, if applicable for such work, as well as compliance with all other applicable laws, rules and regulations; (ii) insurance provisions in favor of the Park District and Board with at least the same requirements as those set forth in Section 4 of this Agreement; (iii) an indemnification provision in favor of the Park District and the Board that is as least as comprehensive as that set forth in Section 5 of this Agreement; and (iv) a provision requiring the contractor and its material suppliers to provide lien waivers with all payment applications. Moreover, if the Board provides consent for any alterations, additions and or improvements and governmental approvals and or licenses are required for such alterations, addition and or improvements, the Board shall reasonably cooperate with the Park District in securing such approvals and or licenses, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components costs of acquiring such approvals and or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee licenses shall pay Lessor upon demand for be the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination responsibility of the Lease Term Park District. All buildings and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior fixtures affixed to the expiration of land on the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, Flick Park Property shall become the property of Lessor at the expirationBoard, or sooner termination of which shall include any waterlines, sanitary sewer lines and the Lease, unless Lessor directs otherwise, provided like that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but are not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, Village of Glenview. The Park District shall ensure that no liens are asserted against the Flick Park Property as a result of any work performed thereon by or sooner termination on behalf of the LeasePark District. In the event a lien is asserted against Flick Park in violation of this Section 1.F.(iii), the Park District shall promptly cause such lien to be removed or immediately contest such lien, at its sole cost and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for sameexpense.

Appears in 1 contract

Samples: Intergovernmental Agreement

Alterations, Additions, and Improvements. No Subject to the provisions of this Article IV, Lessee may make any alterations, additions, improvements or other changes to the Premises or the Relevant Assets (collectively, the “Additional Improvements”). If such Additional Improvements require alterations, additions or improvements to the Premises or any of the Shared Access Facilities, Lessee shall notify Lessor in writing in advance and the Parties shall negotiate in good faith any increase to the fees paid by Lessee under the Site Services Agreement or otherwise provide for reimbursement of any material increase in cost ("Alterations"if any) to Lessor under the Site Services Agreement that results from any modifications to the Premises or the Shared Access Facilities necessary to accommodate the Additional Improvements, or as otherwise mutually agreed by the parties. Any alteration, addition, improvement or other change to the Premises, Relevant Assets or Additional Improvements (and, if agreed by Lessee and Lessor, to the Shared Access Facilities) by Lessee shall be made in a good and workmanlike manner and in accordance with all Applicable Laws. On or before the date that is 180 days prior to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of this Lease (or, with respect to any termination for which a shorter notice period is provided in this Lease, such shorter period), Lessee shall notify Lessor of its option to either (a) remove the Lease Term Relevant Assets and to restore Additional Improvements at the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration end of the Lease Term or (iib) thirty (30) days after termination prior to surrender the expiration Relevant Assets and Additional Improvements at the end of the Lease Term to Lessor. If Lessee elects to remove the Relevant Assets and Additional Improvements at the end of the Lease or (iii) thirty (30) days after a written request from Term, the Relevant Assets and all Additional Improvements shall remain the property of Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance removed by Lessee within one year after expiration or termination of this Lease (or such longer period as may be required for Lessee to comply with plans the requirements of appropriate Governmental Authorities; provided, that Lessee shall use commercially reasonable efforts to remove the Relevant Assets and specifications which have been furnished the Additional Improvements as promptly as practicable). If Lessee elects to surrender the Relevant Assets and approved by Lessor in writing prior to commencement Additional Improvements at the end of work. All Alterations the Term, the Relevant Assets and Additional Improvements shall be designedsurrendered to Lessor upon the expiration or termination of this Lease. In the event that Lessee fails to remove the Relevant Assets and Additional Improvements within one year after the expiration or termination of this Lease (or such longer period as may be required for Lessee to comply with the requirements of appropriate Governmental Authorities; provided, constructed that Lessee shall use commercially reasonable efforts to remove the Relevant Assets and installed the Additional Improvements as promptly as practicable), the Relevant Assets and Additional Improvements shall be deemed abandoned by Lessee and shall, at the sole cost and expense of Lessee by California licensed architectsLessor’s option, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor or disposed of by Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee’s cost and expense. Lessee shall retain title not have the right or power to all furniture and trade fixtures placed create or permit any lien of any kind or character on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to In the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of event any such lien is filed against the Premises, Lessee shall cause such lien to be and become the property of Lessor upon the expiration, discharged or sooner termination bonded within 30 days of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion date of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samefiling thereof.

Appears in 1 contract

Samples: Financing Agreement (Delek Logistics Partners, LP)

Alterations, Additions, and Improvements. No 10.1 Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee or install any structures or equipment on the roof of the Building or any portion of the Common Area without the prior written consent of Lessor which Lessor will Landlord. Tenant expressly agrees to indemnify Landlord for any and all damages resulting from or caused by Tenant penetrating the roof or exterior walls of the Premises. Tenant shall have the right to erect or install shelves, bins and machinery, provided that Tenant complies with all applicable governmental laws, ordinances, and regulations. Tenant shall have the right to remove at the termination of this Lease, such items so installed by Tenant, provided Tenant is not unreasonably withhold, provided, then in default; however, that Lessee may make Alterations which do not affect the Building systemsTenant shall, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration termination of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for this Lease, repair any damage caused by such notice from Lessor provided, thatremoval and, if Lessee requests same from Lessorrequested by Landlord, Lessor offer Landlord (prior to such removal) sufficient security to insure Landlord that the proper repairs will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removalbe made. All Alterations alterations, additions or improvements made by Tenant (including, without limitation, HVAC Systems, offices and improvements in and pertaining to be made to such offices, partitions, floor coverings, etc.), together with such other property as Tenant leaves in or on the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense termination of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixturesthis Lease, shall become the property of Lessor Landlord at the expiration, or sooner termination of this Lease; however, Tenant shall required to remove any or all alterations, additions, and improvements consented to by Landlord provided Landlord notifies Tenant in writing that such improvements will require future removal at the Leasetime of Landlord's reasonable approval of such alterations and improvements, unless Lessor directs otherwiseand any other property placed in the Premises by Tenant, provided that Lessee and Tenant shall retain title to all furniture and trade fixtures placed on repair any damage caused by such removal. Furthermore, no improvements contemplated by EXHIBIT "D" will reasonably require removal. The provisions of this paragraph shall survive the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling expiration or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner earlier termination of the this Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 1 contract

Samples: Lease Agreement (Highwaymaster Communications Inc)

Alterations, Additions, and Improvements. No Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions, additions or improvements ("Alterations") shall be made to the Premises by Lessee demised premises without the prior written consent of Lessor which Lessor will Landlord. Consent for non-structural alterations, additions or improvements shall not be unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect withheld by Landlord. Tenant shall have the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month periodright, without Lessor's the prior written consentconsent of Landlord, to erect or install shelves, bins, machinery, air conditioning or heating equipment and trade fixtures, provided that Tenant complies with all applicable governmental laws, ordinances and regulations. As At the expiration or termination of this lease, Tenant shall have the right to remove such item so installed, provided Tenant is not in default at the time of such removal and provided further that Tenant shall, at the time of removal of such items, repair in a condition to Lessor's obligation to consider good and workmanlike manner any request for consent hereunder, Lessee damages caused by installation or removal thereof. Tenant shall pay Lessor upon demand for all costs incurred or arising out of alterations, additions or improvements in or to the reasonable demised premises and shall not permit a mechanic's or materialman's lien to be asserted against the demised premises. Upon request by Landlord, Tenant shall deliver to Landlord proof of payment reasonably satisfactory to Landlord of all costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction incurred or arising out of any proposed Alterationssuch alterations, additions or improvements. Lessor may require Lessee All alterations, additions or improvements in or to remove any such Alterations the demised premises shall become the property of Landlord at the expiration or termination of this lease; however, Landlord may direct the Lease Term and to restore the Premises to their prior condition removal of alteration, additions or improvements by giving written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination to Tenant prior to the expiration or termination of this lease. At the Lease Term direction of Landlord, Tenant shall promptly remove all alterations, additions and improvements and any other property placed in the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved demised premises by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineersTenant, and contractors approved by Lessor, Tenant shall repair in compliance with all applicable law, and in a good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made manner any damage caused by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samesuch removal.

Appears in 1 contract

Samples: Commercial Lease Agreement (Inspire Insurance Solutions Inc)

Alterations, Additions, and Improvements. No Lessee may make no alterations, additions, or improvements ("Alterations") shall be made in or to the Premises by Lessee demised premises or any part thereof without the prior written consent of Lessor Lessor, which Lessor will consent shall not be unreasonably withholdwithheld. Lessor, providedin its sole discretion, howevershall determine if any alterations, that Lessee may make Alterations which do not affect the Building systemsimprovements or additions in, exterior appearanceon, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises demised premises shall be made under by Lessee. Any such alterations, additions or improvements in, on or to the supervision demised property shall at once become a part of the demised premises as a competentfixture. Any period of alterations, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved additions or improvements by Lessor) Lessee shall be made by Lessee at Lessee’s sole cost and expense. Lessee shall guaranty that any alterations or improvements shall be made in accordance with plans good and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessorxxxxxxx like manner, in compliance with all applicable lawgovernment requirements, and in good and workmanlike mannerrating bureau recommendations. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that The Lessee shall retain title obtain all necessary permits from governmental authorities, and shall pay all fees and penalties associated therewith. Lessee agrees not to all furniture and trade fixtures placed on create, incur, impose or permit, to exist any lien or other obligation against the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend demised premises or Lessor because of any repair or decoration permitted or required to the ceiling or connect to Building walls), drapery and carpeting installations be made by Lessee together with pursuant to the terms of this lease. Lessee agrees to hold Lessor harmless from and all property that has become an integral part claims and demands by contractors or any third parties against the demised premises or Lessor relating to, or arising out of such alterations, improvements, repairs or decorations. Lessee shall have no authority to create or place any lien or encumbrance of any kind whatsoever upon or in any manner to bind the Premises, shall be and become the property interest of Lessor in the demised premises. Lessee covenants and agrees to pay promptly all sums legally due and payable by it because any labor performed or materials purchased for the demised premises upon which lien can or may be asserted against demised premises or the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for sameimprovements thereon.

Appears in 1 contract

Samples: Commercial Lease

Alterations, Additions, and Improvements. No Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions, additions or improvements ("Alterations") shall be made to the Premises by Lessee demised premises without the prior written 3 consent of Lessor which Lessor will Landlord. Consent for non-structural alterations, additions or improvements shall not be unreasonably withholdwithheld by Landlord. Tenant shall have the right to erect or install shelves, providedbins, howevermachinery, air conditioning or heating equipment and trade fixtures, provided that Lessee may make Alterations which do Tenant complies with all applicable governmental laws, ordinances and regulations. At the expiration or termination of this lease, Tenant shall have the right to remove such items so installed, provided Tenant is not affect in default at the Building systemstime of such removal and provided further that Tenant shall, exterior appearanceat the time of removal of such items, structural components repair in a good and workmanlike manner any damage caused by installation or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consentremoval thereof. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee Tenant shall pay Lessor upon demand for all costs incurred or arising out of alterations, additions or improvements in or to the reasonable demised premises and shall not permit a mechanic's or materialman's lien to be asserted against the demised premises. Upon request by Landlord, Tenant shall deliver to Landlord proof of payment reasonably satisfactory to Landlord of all costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction incurred or arising out of any proposed Alterationssuch alterations, additions or improvements. Lessor may require Lessee All alterations, additions or improvements in or to remove any such Alterations the demised premises shall become the property of Landlord at the expiration or termination of this lease; however, Landlord may direct the Lease Term and to restore the Premises to their prior condition removal of alterations, additions or improvements by giving written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination to Tenant prior to the expiration or termination of this lease. At the Lease Term direction of Landlord, Tenant shall promptly remove all alterations, additions and improvements and any other property placed in the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved demised premises by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineersTenant, and contractors approved by Lessor, Tenant shall repair in compliance with all applicable law, and in a good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made manner any damage caused by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samesuch removal.

Appears in 1 contract

Samples: Lease Agreement (Murray Income Properties Ii LTD)

Alterations, Additions, and Improvements. No Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions, additions or improvements ("Alterations") shall be made to the Premises by Lessee demised premises without the prior written consent of Lessor which Lessor will Landlord. Consent for non-structural alterations, additions or improvements shall not be unreasonably withholdwithheld by Landlord. Tenant shall have the right to erect or install shelves, providedbins, howevermachinery, air-conditioning or heating equipment and trade fixtures, provided that Lessee may make Alterations which do Tenant complies with all applicable governmental laws, ordinances and regulations. At the expiration or termination of this lease, Tenant shall have the right to remove such items so installed, provided Tenant is not affect in default at the Building systemstime of such removal and provided further that Tenant shall, exterior appearanceat the time of removal of such items, structural components repair in a good and workmanlike manner any damage caused by installation or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consentremoval thereof. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee Tenant shall pay Lessor upon demand for all costs incurred or arising out of alterations, additions or improvements in or to the reasonable demised premises and shall not permit a mechanic's or materialman's lien to be asserted against the demised premises. Upon request by Landlord, Tenant shall deliver to Landlord proof of payment reasonably satisfactory to Landlord of all costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction incurred or arising out of any proposed Alterationssuch alterations, additions or improvements, and lien waivers. Lessor may require Lessee All alterations, additions or improvements in or to remove any such Alterations the demised premises shall become the property of Landlord at the expiration or termination of this lease, however, Landlord may direct the Lease Term and to restore the Premises to their prior condition removal of alterations, additions or improvements by giving written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination to Tenant prior to the expiration or termination of this lease. At the Lease Term direction of Landlord, Tenant shall promptly remove all alterations, additions and improvements and any other property placed in the Lease or (iii) thirty (30) days after demised premises by Tenant and Tenant shall repair in a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made manner any damage caused by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samesuch removal.

Appears in 1 contract

Samples: Commercial Lease Agreement (Carpenter W R North America Inc)

Alterations, Additions, and Improvements. No Except for alterations within the Interior Premises not visible from the exterior of the Building the aggregate cost of which does not exceed $25,000 and which are cosmetic in nature (and do not affect the mechanical, electrical, plumbing or HVAC systems of the Building), which may be made without prior approval from Landlord, Tenant shall not make or allow to be made any alterations or physical additions in or to the Premises without first obtaining the written consent of Landlord. Landlord shall not be liable as a result of any such consent for completeness, design sufficiency or compliance with any law, ordinance, order, rule or regulation and Tenant shall indemnify, defend and hold Landlord harmless from all claims, demands, damages, causes of action or litigation arising out of or resulting from such alterations. Any and all alterations, additions or improvements, other than that portion of the initial tenant improvements, if any, which are to be provided by Landlord pursuant to the terms of Exhibit “C” hereto, if any, shall be made at Tenant’s sole expense in a good and workmanlike manner, in compliance with all applicable laws, ordinances and regulations, with a contractor approved by Landlord. At Landlord’s option, all such alterations, additions or improvements, upon the earlier to occur of (i) the termination date of the Lease, or (ii) Landlord’s termination of Tenant’s right of possession of the Premises pursuant to Section 23 of the Lease, shall become the property of Landlord and shall be surrendered to Landlord upon the termination of this Lease by lapse of time or otherwise; provided, however this clause shall not apply to removable equipment or furniture owned by Tenant and which can be removed without damage to the Building or the Premises, provided there is no uncured default by Tenant in any of the terms and conditions of the Lease. Notwithstanding anything foregoing to the contrary, upon the earlier to occur of (i) the termination date of this Lease, or (ii) Landlord’s termination of Tenant’s right to possession of the Premises pursuant to Section 23, Landlord may require Tenant to remove all alterations, additions or improvements to the Premises, including without limitation, any cabling or other computer, satellite or telecommunications equipment or hardware, whether or not such alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) are located in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, and restore the same to Building standard condition, reasonable wear and tear and casualty damage excepted. The rights conferred to Landlord hereunder shall be in addition to (and become the property of Lessor upon the expiration, or sooner termination of the not in conflict with) any other rights conferred on Landlord by this Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samein equity or at law.

Appears in 1 contract

Samples: Lease Agreement (American International Holdings Corp.)

Alterations, Additions, and Improvements. No Tenant shall not make any alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the Landlord's prior written consent of Lessor which Lessor will not unreasonably withholdconsent, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, except for non-structural components or structural integrity and alterations which do not exceed collectively One Hundred Five Thousand Dollars ($100,0005,000.00) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of cumulatively over the Lease Term and which are not visible from the outside of the Building. Landlord may require Tenant to restore provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall promptly remove any alterations made upon Landlord's written request after the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration end of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removalTerm. All Alterations to be made to the Premises shall be made under the supervision of a competentalterations, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineersadditions, and contractors approved by Lessor, improvements will be accomplished in compliance with all applicable law, and in a good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together in conformity with all property that has become an integral part of the Premises, shall be applicable laws and become the property of Lessor upon the expiration, or sooner termination of the Leaseregulations, and shall not be deemed trade fixturesby a contractor licensed in the State of Florida approved by Landlord. Within thirty (30) days after Upon completion of any Alterationsuch work, Lessee, Lessee Tenant shall provide Lessor Landlord with a complete set of "as built" plans plans, copies of all construction contracts, and proof of payment for same.all labor and materials. Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorneys fees and costs reasonably incurred in and about the defense of any suit in discharging the Premises or any part thereof from any liens, judgments, or encumbrances caused or suffered by Tenant. In the event any such lien shall be made or filed, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. It is understood and agreed between the parties to this lease that the expenses, costs and charges above referred to shall be considered as Rent due and shall be included in any lien for Rent. Tenant shall not have any authority to create any liens for labor or material on Landlord's interest in the Premises and all persons contracting with Tenant for the destruction or removal of any facilities or other improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and all materialmen, contractors, mechanics, and laborers are hereby charged with notice (which notice Tenant shall deliver in writing to each such party prior to the commencement of any service by said party) that they must look only to Tenant and to Tenant's interests in the Premises to secure the payment of any xxxx for work done or material furnished at the request or instruction of Tenant. The provisions of this paragraph are set forth in a notice which has been recorded by Landlord in the Public Records of Palm Beach County, Florida. Exhibit 10.6 - Lease Agreement Dated September 20, 2005

Appears in 1 contract

Samples: Lease Agreement (Adsouth Partners, Inc.)

Alterations, Additions, and Improvements. No Tenant shall make no structural alterations, additions, additions or improvements ("Alterations") shall be made in or to the Premises by Lessee without the express prior written consent of Lessor Landlord, which Lessor consent shall not be unreasonably withheld or delayed. Tenant may make non-structural additions or improvements in or to the Premises without the prior approval of Landlord so long as all such additions or improvements are made in accordance with all applicable laws and governmental rules and regulations and further provided that such additions or improvements do not and will not unreasonably withholdcause the termination, suspension or revocation of any insurance coverage required hereunder. All costs and expenses of such additions and improvements shall be the sole responsibility of Tenant and all work shall be undertaken in a “lien-free” manner. All alterations, additions or improvements, whether temporary or permanent, including hardware, non-trade fixtures and wall and floor coverings, but excluding removable trade fixtures, in or upon the Premises, whether placed there by Landlord or Tenant, shall become Landlord’s property and shall remain with the Premises at the termination of this Lease, whether by lapse of time or otherwise, without compensation, allowance or credit to Tenant; provided, however, that Lessee notwithstanding the foregoing, Landlord may make Alterations which request that any or all of said alterations, additions or improvements in or upon the Premises made by Tenant may be removed by Tenant at the termination of this Lease. If Landlord requests such removal, Tenant shall, at its own cost and expense, remove the same prior to the end of the term and shall repair all damage to the Premises caused by such removal. If Tenant does not remove any alterations, additions or improvements when requested by Landlord to do not affect so, Landlord may remove the Building systemssame and repair all damage caused thereby, exterior appearanceand Tenant shall pay to Landlord the cost of such removal and repair, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month periodtogether with interest at the Default Rate, without Lessor's prior written consentimmediately upon demand therefor by Landlord. As a condition to Lessor's Tenant’s obligation to consider any request for consent hereunder, Lessee observe or perform this covenant shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at survive the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the this Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 1 contract

Samples: Lease (TCP International Holdings Ltd.)

Alterations, Additions, and Improvements. No Subject to the provisions of this Article V, Lessee may make any alterations, additions, improvements or improvements ("Alterations") shall be made other changes to the Premises RDU Assets as may be necessary or useful in connection with the operation of the RDU Assets (collectively, the “Additional Improvements”) so long as such Additional Improvements are (a) in conformity with all Applicable Laws, (b) made after obtaining any required Permits, (c) allowed by the Master Lease and (d) approved in advance by Lessor. Lessee without shall promptly pay the prior written consent entire cost of Lessor which Lessor will not unreasonably withholdany such change, addition or improvement; provided, however, that Lessor shall reimburse Lessee may make Alterations which do for the amount of such costs, if any, that constitute Capital Maintenance Costs. Any Additional Improvements by Lessee shall be made in a good and workmanlike manner and in accordance with all Applicable Laws. Lessee shall not affect have the Building systemsright or power to create or permit any lien of any kind or character on the RDU Assets, exterior appearancethe Premises or Additional Improvements by reason of repair or construction or other work. In the event any such lien is filed against the RDU Assets, structural components the Premises or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunderAdditional Improvements, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee cause such lien to remove any such Alterations at the expiration be discharged or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) bonded within thirty (30) days after termination prior to the expiration of the Lease date of filing thereof. Unless otherwise agreed in writing by the Parties at the time an Additional Improvement is made, all Additional Improvements shall be owned by Lessee for the Term of the this Asset Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made removed by Lessee no later than first to occur of (y) the date on which such Additional Improvements must be removed pursuant to this Asset Lease, or (z) one (1) year after termination of this Asset Lease (provided that in accordance with plans and specifications which have been furnished either case such Additional Improvements can be removed by Lessee without unreasonable damage or harm to and approved the RDU Assets or the Premises) or, at Lessee’s option exercisable by Lessor in writing prior notice to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title surrendered to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the this Asset Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 1 contract

Samples: Asset Lease Agreement (HollyFrontier Corp)

Alterations, Additions, and Improvements. No Subject to the provisions of this Article IV, Lessee may make any alterations, additions, improvements or other changes to the Premises or the Relevant Assets (collectively, the “Additional Improvements”). If such Additional Improvements require alterations, additions or improvements to the Premises or any of the Shared Access Facilities, Lessee shall notify Lessor in writing in advance and the Parties shall negotiate in good faith any increase to the fees paid by Lessee under the Site Services Agreement or otherwise provide for reimbursement of any material increase in cost ("Alterations"if any) to Lessor under the Site Services Agreement that results from any modifications to the Premises or the Shared Access Facilities necessary to accommodate the Additional Improvements, or as otherwise mutually agreed by the parties. Any alteration, addition, improvement or other change to the Premises, Relevant Assets or Additional Improvements (and, if agreed by Lessee and Lessor, to the Shared Access Facilities) by Lessee shall be made in а good and workmanlike manner and in accordance with all Applicable Laws. On or before the date that is 180 days prior to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of this Lease (or, with respect to any termination for which a shorter notice period is provided in this Lease, such shorter period), Lessee shall notify Lessor of its option to either (a) remove the Lease Term Relevant Assets and to restore Additional Improvements at the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration end of the Lease Term or (iib) thirty (30) days after termination prior to surrender the expiration Relevant Assets and Additional Improvements at the end of the Lease Term to Lessor. If Lessee elects to remove the Relevant Assets and Additional Improvements at the end of the Lease or (iii) thirty (30) days after a written request from Term, the Relevant Assets and all Additional Improvements shall remain the property of Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance removed by Lessee within one year after expiration or termination of this Lease (or such longer period as may be required for Lessee to comply with plans the requirements of appropriate Governmental Authorities; provided, that Lessee shall use commercially reasonable efforts to remove the Relevant Assets and specifications which have been furnished the Additional Improvements as promptly as practicable). If Lessee elects to surrender the Relevant Assets and approved by Lessor in writing prior to commencement Additional Improvements at the end of work. All Alterations the Term, the Relevant Assets and Additional Improvements shall be designedsurrendered to Lessor upon the expiration or termination of this Lease. In the event that Lessee fails to remove the Relevant Assets and Additional Improvements within one year after the expiration or termination of this Lease (or such longer period as may be required for Lessee to comply with the requirements of appropriate Governmental Authorities; provided, constructed that Lessee shall use commercially reasonable efforts to remove the Relevant Assets and installed the Additional Improvements as promptly as practicable), the Relevant Assets and Additional Improvements shall be deemed abandoned by Lessee and shall, at the sole cost and expense of Lessee by California licensed architectsLessor’s option, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor or disposed of by Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee’s cost and expense. Lessee shall retain title not have the right or power to all furniture and trade fixtures placed create or permit any lien of any kind or character on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to In the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of event any such lien is filed against the Premises, Lessee shall cause such lien to be and become the property of Lessor upon the expiration, discharged or sooner termination bonded within 30 days of the Lease, and shall not be deemed trade fixturesdate of filing thereof. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.HOU03:1337014 - 9 -

Appears in 1 contract

Samples: Lease and Access Agreement (Delek Logistics Partners, LP)

Alterations, Additions, and Improvements. No alterations, ------------------------------------------------------ additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Seventy-five Thousand Dollars ($100,00075,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of third party consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 1 contract

Samples: Agreement (Phone Com Inc)

Alterations, Additions, and Improvements. No Lessee, for and in consideration of this Lease and the demise of the said Premises, hereby agrees and covenants with Lessor that Lessee shall not make or suffer or permit to be made, any alterations, additions, or improvements ("Alterations") shall be made to whatsoever in or about the said Demised Premises by Lessee without first obtaining the prior written consent of Lessor therefore, which Lessor will shall not be unreasonably withholdwithheld, conditioned or delayed; provided, however, that such consent, if given, shall be subject to the express condition that any and all alterations, additions, and improvements shall be done at Lessee's own expense and in accordance and compliance with all applicable municipal, state and federal ordinances, laws, rules and regulations, and that Lessee may make Alterations hereby covenants and agrees with Lessor that in doing and performing such work Lessee shall do and perform the same at Lessee's own expense, in conformity and compliance with all applicable municipal, state, and federal ordinances, laws, rules, and regulations, and that no liens of mechanics, materialmen, laborers, architects, artisans, contractors, sub-contractors, or any other lien of any kind whatsoever shall be created against or imposed upon the said Demised Premises, or any part thereof, and that Lessee shall indemnify and save harmless Lessor from any and all liability and claims for damages of every kind and nature which do not affect might be made, or from judgments rendered against Lessor or against said Demised Premises on account of or arising out of such alterations, additions, or improvements performed by or on behalf of Lessee. Notwithstanding the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunderforegoing, Lessee shall pay Lessor upon demand for have the reasonable costs and expenses right, without the consent of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made make such nonstructural alterations or modifications to the Premises as Lessee shall desire provided that all such alterations shall be made under the supervision of performed in a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) lien free manner and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable lawlaws. If the Lessor shall give consent to Lessee for any alterations, and in good and workmanlike manner. Any Alteration except furniture and trade fixturesadditions or improvements, shall become the property of Lessor at the expirationthen before proceeding with or causing any such work to begin, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture procure and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Leasemaintain, and shall not be deemed trade fixtures. Within thirty (30) days after completion cause such contractors and subcontractors engaged by or on behalf of Lessee to procure and maintain insurance coverage against such risks, in such amounts as Lessor may reasonably require in light of the scope of the proposed work, in connection with any Alterationsuch alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for sameaddition or improvement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Tattooed Chef, Inc.)

Alterations, Additions, and Improvements. No Lessee covenants and agrees not to permit the Leased Premises to be used for any purpose other than that stated in the Use clause hereof, or make or allow to be made any alternations or physical additions in or to the Leased Premises which are in each instance in excess of Ten Thousand and No/100 Dollars ($10,000.00) or make any material alterations to the structural, mechanical or electrical components serving the Leased Premises without first obtaining the written consent of Lessor, which written consent shall not be unreasonably withheld or delayed. Any and all permanent alterations, additions, or and improvements ("Alterations"including without limitation, partitions, wall-to-wall carpeting, paneling, wall coverings and any other article permanently attached or affixed to the floor, wall, or ceiling of the Building, but excluding Lessee's unattached and removable trade fixtures, office supplies, furniture and equipment) shall be made to immediately upon the Premises by Lessee without installation or construction thereof, or attachment or affixing thereto, become the prior written consent property of Lessor which Lessor will not unreasonably withholdLessor, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without at Lessor's prior written consent. As option, and if costing in excess of $10,000 or constituting a condition to Lessor's obligation to consider any request for consent hereundermaterial alteration, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing (i) be installed in accordance with plans and specifications approved in advance by Lessor, (ii) be installed strictly in accordance with all laws and for monitoring ordinances relating thereto, and (iii) remain upon and be surrendered with the construction Leased Premises as a part thereof at the expiration or sooner termination of this Lease, Lessee hereby waiving all rights to any proposed Alterationspayment, credit or compensation therefor. Lessor Lessee may require Lessee remove its removable trade fixtures, office supplies, furniture, inventory, raw materials and equipment provided (a) such removal is made prior to remove any such Alterations at the expiration or termination of the Lease Term Term; and (b) Lessee promptly repairs all damage caused by such removal in a good and workmanlike manner using materials of similar quality to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination those being repaired prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the LeaseLease Term, unless Lessor directs otherwiseand if Lessee fails to remove the same prior to the expiration or termination of the Lease Term, provided that Lessee shall retain title to all such unattached and removable trade fixtures, office supplies, furniture and trade fixtures placed on equipment, at the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part election of the PremisesLessor, shall be and automatically become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, LesseeLessor, Lessee shall provide hereby waiving all right to any payment, credit or compensation therefor and all rights thereto, unless the failure to remove such items is subject to an agreement between Lessor with and Lessee or is as a complete set result of "as built" plans for Lessor's taking possession of same or denying access to same.

Appears in 1 contract

Samples: Lease Contract (Charys Holding Co Inc)

Alterations, Additions, and Improvements. No LESSEE may erect such alterations, additions, and improvements inside the premises as it desires only upon receiving the prior written consent of LESSOR, which consent shall not be unreasonably withheld or delayed. Minor alterations, additions and improvements will not require the prior written consent of LESSOR. All such alterations, additions, or improvements ("Alterations") shall be made to performed in a workmanlike manner and shall not weaken or impair the Premises by Lessee without structural strength or lessen the prior written consent value of Lessor the building and the premises, or change the purposes for which Lessor will not unreasonably withholdthe building, providedor any part thereof, howevermay be used, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration alterations, additions, or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises improvements shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed erected at the sole cost and expense of Lessee by California licensed architects, engineersLESSEE, and contractors approved by LessorLESSEE shall have no right, authority, or power to bind LESSOR or any interest of LESSOR in compliance with all applicable lawthe Leased Premises, for the payment of any claim for labor or materials or for any charge or expense incurred in the erection, construction, or maintenance of such improvements, nor to render said Leased Premises liable for any lien for labor, material, or any other charge incurred in connection therewith, and LESSEE shall in good no way be considered the agent of LESSOR in the erection, construction, operation and workmanlike manner. Any Alteration maintenance of said improvements, including electrical, plumbing and anything screwed, bolted or attached to the building, unless specifically excluded by written agreement between the LESSEE and LESSOR except furniture and "trade fixtures" put in at this expense of LESSEE, shall remain upon and be surrendered with the premises as a part thereof, at any termination of the lease, for any cause, and shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the PremisesLESSOR. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and LESSEE shall not allow any mechanic or materialman liens to be deemed trade fixturesfiled against the Leased Premises or any part thereof for work performed by or on behalf of, LESSEE. Within thirty If any such lien is filed, LESSEE shall immediately cause such lien to be released by posting an appropriate bond or paying the claim which is the basis for the lien. LESSEE is leasing the demised premises in an as is condition except for the improvements to be constructed by LESSOR listed in EXHIBIT "C" attached to this lease and LESSOR'S representations set forth in subsection 3 (30c) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samehereof.

Appears in 1 contract

Samples: Sublease (Sportsmans Guide Inc)

Alterations, Additions, and Improvements. No alterations, additions, (a) Tenant shall not make or improvements ("Alterations") shall allow to be made any alterations or additions in or to the Leased Premises by Lessee without first obtaining the prior written consent of Lessor which Lessor will not unreasonably withhold, Landlord; provided, however, that Lessee may make Alterations which do Tenant may, without Landlord's consent, perform interior non-structural alterations or additions not affect involving material modifications to the Building systemsand its mechanical, exterior appearanceelectrical, structural components HVAC and life safety systems so long as (i) for alterations or structural integrity and which do additions requiring government permits, the cost thereof during any calendar year does not exceed collectively One Hundred Ten Thousand Dollars ($100,00010,000.00) during any calendar year, or (ii) for alterations or additions not requiring government permits, the cost thereof during any calendar year does not exceed Forty Thousand Dollars ($40,000.00). Landlord's consent will not be unreasonably withheld with respect to proposed alterations and additions which (i) comply with all applicable laws, ordinances, rules and regulations; (ii) are compatible with and does not adversely affect the Building and its mechanical, electrical, HVAC and life safety systems; (iii) will not affect the structural portions of the Building; (iv) will not interfere with the use and occupancy of any other portion of the Building by any other tenant, its employees or invitees; and (v) will not trigger any additional costs to Landlord. Specifically, but without limiting the generality of the foregoing, Landlord's right of consent shall encompass plans and specifications for the proposed alterations or additions, construction means and methods, the identity of any contractor or subcontractor to be employed on the work of alterations or additions, and the time for performance of such work. Tenant shall supply to Landlord any additional documents and information requested by Landlord in cost within any twelve (12) month periodconnection with Tenant's request for consent hereunder. Notwithstanding anything to the contrary contained in the paragraph, without Lessor's prior written consent. As a condition to Lessor's obligation to consider in connection with any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor Tenant may request that Landlord advise Tenant whether or not Landlord will require Lessee Tenant to remove any such Alterations the alteration at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior Lease. Unless Landlord advises Tenant in writing that Landlord will not require Tenant to remove such alteration at the expiration of the Lease Term of Lease, the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises parties agree that Tenant shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished obligated to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed remove such alteration at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination expiration of the Lease. Further, unless Lessor directs otherwise, provided Landlord acknowledges that Lessee shall retain title Tenant will not be required to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend remove any Tenant Improvements to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Leased Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 1 contract

Samples: Evolve Software Inc

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, provided, however, that Lessee may make Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Fifty Thousand Dollars ($100,00050,000) in cost within any twelve (12) month period, without Lessor's ’s prior written consent. As a condition to Lessor's ’s obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's ’s request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 1 contract

Samples: Broadvision Inc

Alterations, Additions, and Improvements. No Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions, additions or improvements ("Alterations") shall be made to the Premises by Lessee demised premises without the prior written consent of Lessor which Lessor will Landlord. Consent for non-structural alterations, additions or improvements shall not be unreasonably withholdwithheld by Landlord. Tenant shall have the right to erect or install shelves, providedbins, howevermachinery, air conditioning or heating equipment and trade futures, provided that Lessee may make Alterations which do Tenant complies with all applicable governmental laws, ordinances and regulations. At the expiration or termination of this lease, Tenant shall have the right to remove such items so installed, provided Tenant is not affect in default at the Building systemstime of such removal and provided further that Tenant shall, exterior appearanceat the time of removal of such items, structural components repair in a good and workmanlike manner any damage caused by installation or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consentremoval thereof. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee Tenant shall pay Lessor upon demand for all costs incurred or arising out of alterations, additions or improvements in or to the reasonable demised premises and shall not permit a mechanic's or materialman's lien to be asserted against the demised premises. Upon request by Xxxxxxxx, Tenant shall deliver to Landlord proof of payment reasonably satisfactory to Landlord of all costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction incurred or arising out of any proposed Alterationssuch alterations, additions or improvements. Lessor may require Lessee All alterations, additions or improvements in or to remove any such Alterations the demised premises shall become the property of Landlord at the expiration or termination of this lease; however, Landlord may direct the Lease Term and to restore the Premises to their prior condition removal of alterations, additions or improvements by giving written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination to Tenant prior to the expiration or termination of this lease. At the Lease Term direction of Landlord, Tenant shall promptly remove all alterations, additions and improvements and any other property placed in the Lease or (iii) thirty (30) days after demised premises by Tenant and Tenant shall repair in a written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made manner any damage caused by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samesuch removal.

Appears in 1 contract

Samples: Lease Agreement (Gorges Quik to Fix Foods Inc)

Alterations, Additions, and Improvements. No Tenant shall not create any openings in the roof or exterior walls, or may all alterations, additions, additions or improvements ("Alterations") shall be made to the Premises by Lessee demise premises without the prior written 3 consent of Lessor which Lessor will Landlord. Consent for non-structural alterations, additions or improvements shall not be unreasonably withholdwithheld by Landlord. Tenant shall have the right to erect or install shelves, providedbins, howevermachinery, air conditioning or heating equipment and trade fixtures, provided that Lessee may make Alterations which do not affect the Building systemsTenant complies with all applicable governmental laws, exterior appearance, structural components or structural integrity endurances and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consentregulations. As a condition to Lessor's obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at At the expiration or termination of this lease, Tenant shall have the Lease Term and right to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for remove such notice from Lessor provideditems as installed, that, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made provided Tenant is not in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed default at the sole cost time of such removal and expense provided further that Tenant shall, at time of Lessee by California licensed architectsremoval of such items, engineers, and contractors approved by Lessor, repair in compliance with all applicable law, and in a good and workmanlike mannermanner any damages caused by installation or removal thereof. Any Alteration except furniture Tenant shall pay for all costs incurred or arising out of alterations, additions or improvements in or to the demised premises and trade fixturesshall not permit a mechanic's or materialman's lien to be asserted against the demised premises. Upon request by Landlord, Tenant shall deliver to Landlord proof of payment reasonably satisfactory of Landlord of all costs incurred or arising out of any such alterations, additions or improvements. All alterations, additions or improvements in or to the demised premises shall become the property of Lessor at Landlord as the expiration, expiration or sooner termination of this lease, however, Landlord may direct the Leaseremoval of alterations, unless Lessor directs otherwise, provided that Lessee shall retain title additions or improvements by giving written notice to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend Tenant prior to the ceiling expiration or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of this lease. At the Leasedirection of Landlord, Tenant shall promptly remove all alterations, additions, and improvements and any other property placed in the demised premises by Tenant, and Tenant shall not be deemed trade fixtures. Within thirty (30) days after completion of repair in a good and workmanlike manner any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for samedamage caused by such removal.

Appears in 1 contract

Samples: Commercial Lease Agreement (Ameripath Inc)

Alterations, Additions, and Improvements. No alterations(a) Except as set forth in this Section 10.1, additionsand subject to Section 9.1, or improvements ("Lessee may make any Alterations") , provided that they are consistent with the limitations on use contained in this Lease. Notwithstanding the foregoing, Lessee shall be made to the Premises by Lessee not, without the Lessor’s prior written consent of Lessor consent, which Lessor will shall not unreasonably withhold, providedcondition, howeveror delay, make any alterations or improvements to the Premises or the Hospital Assets (a) the financing and/or payments for which, in whatever form, including, without limitation, pursuant to any capital lease, loan or acquisition financing agreement, service agreement, or license agreement, extend beyond the expiration of this Lease in an amount that equals or exceeds twenty percent (20%) of the total acquisition, leasing, licensing, and/or service agreement costs for such Alteration or (b) that have a useful life (as determined in accordance with GAAP) that extends beyond the expiration of this Lease. It shall be reasonable for Lessor to withhold its consent for any Alterations to the Premises that would result in a debt, obligation, encumbrance, lien, etc., that Lessee may make Alterations which do (i) would constitute an Indenture as provided for hereunder or (ii) Lessor could not affect the Building systemsassume or accept upon expiration or earlier termination of this Lease without violating any law, exterior appearanceregulation, structural components ordinance, or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor's prior written consent. As a condition ruling applicable to Lessor's obligation , Lessee, the Premises, or the assets, rights and interests to consider be conveyed to Lessor at Lease termination or expiration pursuant to Article XVII of this Lease, or to condition such consent on structuring any request capital expenditure for consent hereundersuch Alterations and any financing thereof, Lessee shall pay in such a manner so that Lessor upon demand could assume or accept same pursuant to Article XVII of this Lease without violating any such law, regulation, ordinance, or ruling. Commencing on the earliest to occur of (1) the date Lessor executes with a third party a new lease for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee Premises to remove any such Alterations at the be effective upon expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on this Lease, or before the earlier of (i2) the expiration of the Lease Term or date that is five (ii5) thirty (30) days after termination years prior to the expiration of the Lease Term without Lessee and Lessor having entered into an extension of the this Lease or (iii) thirty (30) days after a new lease for the Premises, Lessor may withhold, condition, or delay any consent under this Section in Lessor’s sole and absolute discretion. If Lessee is required to obtain Lessor’s consent hereunder, Lessee shall request such consent by written request from Lessee for such notice from Lessor provided, that, if Lessee requests same from to Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request which must be accompanied by detailed and a copy of all complete plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, shall become the property of Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 1 contract

Samples: Hospital Lease

Alterations, Additions, and Improvements. No Tenant shall not make or permit to be made any alterations, additionsimprovements, or improvements ("Alterations") shall be made additions to the Premises by Lessee (“Alterations”), without the first obtaining on each such occasion Landlord’s prior written consent of Lessor (which Lessor will consent Landlord agrees not to unreasonably withhold, provided, however, that Lessee may make condition or delay) except for non-structural Alterations which do not affect the Building systems, exterior appearance, structural components or structural integrity and which do not exceed collectively One Hundred Thousand Dollars ($100,000100,000.00) per year of the Lease Term, does not require a permit from the jurisdictions having authority, does not affect the mechanical, electrical or plumbing systems of the Building, and which are not visible from the outside of the Building; provided that Tenant gives Landlord advance notice of such work in cost within any twelve (12) month period, without Lessor's prior written consenteach case. As a condition to Lessor's obligation to consider any request for consent hereunderpart of its approval process, Lessee shall pay Lessor upon demand for the reasonable costs and expenses of consultants, engineers, architects and others for reviewing Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord’s approval or disapproval, which approval shall not be unreasonably withheld, conditioned or delayed. All Alterations shall be performed in accordance with all governmental requirements applicable thereto, Applicable Laws and for monitoring Title Matters and in a good and workmanlike manner and, to the extent such Alterations will remain a part of the Premises after the expiration or earlier termination of this Lease, with materials consistent with the quality of the initial construction of the Landlord Improvements; provided, further, Tenant shall be responsible for any proposed damage to the Premises caused by the use of any materials of a lesser quality. Before commencing any work in connection with such Alterations, Tenant shall furnish Landlord with certificates of insurance from the general contractor or if no general contractor, from all contractors performing labor or furnishing materials insuring Landlord against any and all liabilities which may arise out of or be connected in any way with said Alterations. Lessor may require Lessee If Landlord notifies Tenant in writing at the time of Landlord’s consent to remove any such Alterations that Landlord’s approval is conditioned upon the removal of such Alterations at the expiration or termination of the Lease Term and to restore the Premises to their prior condition by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the expiration of the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor providedthis Lease, thatthen Tenant shall, if Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request and a copy of all plans and specifications for the proposed Alteration whether it will require removal. All Alterations to be made to the Premises shall be made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed at the its sole cost and expense upon the termination or expiration of Lessee by California licensed architectsthis Lease, engineers, remove the same and contractors approved by Lessor, repair any damage resulting from such removal of the Alterations. Landlord will specify at the time Landlord approves of any proposed Alteration whether any proposed Alteration must be removed at the expiration or earlier termination of this Lease. Except as set forth in compliance with all applicable law, the immediately preceding sentence and in good Section 6.06, all Alterations and workmanlike manner. Any Alteration except furniture all repairs and trade fixtures, all other property attached to or installed on the Premises by or on behalf of Tenant shall immediately upon completion or installation thereof be and become part of the Premises and the property of Lessor at Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expirationexpiration or earlier termination of this Lease. Notwithstanding the foregoing, Tenant shall remove any Tenant fixtures or equipment, including, without limitation, diesel generators, camera systems, and any other equipment and systems that are not included in the Landlord Improvements, and such removal shall be performed in accordance with the requirements set forth in this Lease. Tenant shall pay when due all Claims for labor and material furnished to the Premises and keep the Premises free and clear of all liens and encumbrances for work contracted for by Tenant. In the event a lien is filed against the Premises, upon Tenant’s receipt of notice of any such lien, Tenant shall, within fifteen (15) days of receipt of such notice (a) bond against or cause such lien to be released of record from the Premises, or sooner termination (b) furnish Landlord with a copy of the Leaserecorded waiver of such lien, unless Lessor directs otherwiserecorded release of such lien, provided or recorded bond discharging such lien. For any work that Lessee could give rise to any mechanics’ or material suppliers’ liens under Applicable Law, Tenant shall retain title to all furniture and trade fixtures placed give Landlord at least fifteen (15) days’ prior written notice of the commencement of any work on the Premises. All heating, lighting, electrical, air conditioning, full height partitioning (but not moveable, free standing cubicleregardless of whether Landlord’s consent to such work is required and Landlord may elect to record and post notices of non-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Lessee together with all property that has become an integral part of responsibility on the Premises, shall be and become the property of Lessor upon the expiration, or sooner termination of the Lease, and shall not be deemed trade fixtures. Within thirty (30) days after completion of any Alteration, Lessee, Lessee shall provide Lessor with a complete set of "as built" plans for same.

Appears in 1 contract

Samples: Lease Agreement (Lifetime Brands, Inc)

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