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

Alterations, Additions, and Improvements. Tenant shall not make any installations, alterations, additions, or improvements in or to the Premises, including, without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, except that only prior notice and a description of and plans for the work (but no approval) shall be required for any interior work costing less than $50,000 in the aggregate during any twelve-month period and that does not require a permit with respect to the building's structure or mechanical, electrical, or other building systems. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant shall not perform any work in or to the Premises that would in Landlord's reasonable judgment (i) in any manner affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs, or floor slabs), (ii) in any respect be incompatible with the electrical or mechanical components or systems of the Building, (iii) affect space or areas around the Building (including the exterior of the Building), (iv) diminish the value of the Premises for the Permitted Uses, or (v) require any unusual expense to re-adapt the Premises for the Permitted Uses. Tenant shall procure at Tenant's sole expense all necessary permits and licenses before undertaking any work on the Property and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If any notice of contract or lien is placed on the Property arising from work performed by or for Tenant, if requested by Landlord for any work requiring Landlord's approval, Tenant shall thereafter furnish to Landlord prior to commencement of any such work a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications and that all subcontractors will be paid. Tenant shall employ for such work only contractors reasonably approved by Landlord and shall require all contractors employed by Tenant to carry insurance in types and amounts reasonably approved by Landlord (including without limitation worker's compensation insurance in accordance with statutory requirements and commercial general liability insurance covering such contractors on or about the Premises with a combined single limit not less than $3,000,000) and shall submit certificates evidencing such coverage to Landlord prior to the commencement of such work, subject to Section II of Exhibit D in the case of casualty. Tenant shall indemnify and hold harmless Landlord from all injury, loss, claims or damage to any person or property occasioned by or arising out of such work. Landlord may inspect the work of Tenant at reasonable times in accordance with Section 6.5 and give notice of observed defects. Upon completion of any such work, Tenant shall provide Landlord with "as built" plans, copies of all construction contracts and proof of payment for all labor and materials.

Appears in 3 contracts

Samples: Lease (Dayton Superior Corp), Lease (Dayton Superior Corp), Lease (Dayton Superior Corp)

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Alterations, Additions, and Improvements. (a) Tenant shall not make or allow to be made any installations, alterations, additions, alterations or improvements physical additions in or to the PremisesPremises or Building (such as changes or alterations that would affect the interior or exterior of the Building, includingwindow treatments, paint, surface texture, awnings or light fixtures) without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion first obtaining the prior written consent of LandlordLandlord in each such instance, which consent shall not be unreasonably withheld withheld, conditioned or delayeddelayed (except as otherwise expressly provided hereinafter). Landlord’s consent right hereunder shall include, except that only prior notice and a description of and plans for without limitation, the work (but no approval) shall be required for any interior work costing less than $50,000 in the aggregate during any twelve-month period and that does not require a permit with respect right to the building's structure or mechanical, electrical, or other building systems. Any such work so approved by Landlord shall be performed only in accordance with approve Tenant’s proposed plans and specifications therefor approved by relating to such proposed alterations or SUBLEASE AGREEMENT Page 00 XXX XXXXXX XXXXXXX BUILDING physical additions, which approval shall not be unreasonably withheld, conditioned or delayed. Withholding of Landlord’s consent will be deemed reasonable if Landlord reasonably believes any such alterations or changes to the Premises or Building could cause the Building to not be in compliance with the standards required for the Building to maintain its Part 3 Certification from the United States Department of the Interior, National Park Service. Tenant shall not perform agrees to indemnify Landlord and hold Landlord harmless against any loss, liability, claim, or damage resulting from any work done by Tenant in or to the Premises that would in Landlord's reasonable judgment (i) in any manner affect any structural component of the Building (includingPremises. Any and all alterations, without limitation, exterior walls, exterior windows, core walls, columns, roofsphysical additions, or floor slabs)improvements, (ii) in any respect be incompatible with the electrical or mechanical components or systems of the Building, (iii) affect space or areas around the Building (including the exterior of the Building), (iv) diminish the value of when made to the Premises for the Permitted Usesby Tenant, or (v) require any unusual expense to re-adapt the Premises for the Permitted Uses. Tenant shall procure at Tenant's sole expense all necessary permits and licenses before undertaking any work on the Property and shall perform all such work be done in a good and workmanlike manner employing materials of good quality manner, lien-free and so as to conform in accordance with all applicable zoninglaws, building, fire, health and other codes, regulations, ordinances and laws requirements and with all applicable insurance requirementsshall at once become the property of Landlord. If Notwithstanding any notice of contract or lien is placed on the Property arising from work performed by or for Tenantother provision in this Lease, if requested by Landlord Landlord’s consent shall not be required for any work requiring Landlord's approvalalteration or improvement that (i) will not adversely affect the structural elements of the Building or the Building’s major systems, Tenant shall thereafter furnish and (ii) will not cause the Building to Landlord prior to commencement of any such work a bond or other security acceptable to Landlord assuring that any work by Tenant will not be completed in accordance compliance with the approved plans and specifications and that all subcontractors will be paid. Tenant shall employ standards required for such work only contractors reasonably approved by Landlord and shall require all contractors employed by Tenant the Building to carry insurance in types and amounts reasonably approved by Landlord (including without limitation worker's compensation insurance in accordance with statutory requirements and commercial general liability insurance covering such contractors on or about maintain its Part 3 Certification from the Premises with a combined single limit not less than $3,000,000) and shall submit certificates evidencing such coverage to Landlord prior to United States Department of the commencement of such workInterior, subject to Section II of Exhibit D in the case of casualty. Tenant shall indemnify and hold harmless Landlord from all injury, loss, claims or damage to any person or property occasioned by or arising out of such work. Landlord may inspect the work of Tenant at reasonable times in accordance with Section 6.5 and give notice of observed defects. Upon completion of any such work, Tenant shall provide Landlord with "as built" plans, copies of all construction contracts and proof of payment for all labor and materialsNational Park Service.

Appears in 1 contract

Samples: Sublease Agreement (A. H. Belo Corp)

Alterations, Additions, and Improvements. Except with respect to Tenant’s construction of the Initial Improvements and Roof Improvements pursuant to the Work Letter and as otherwise specifically provided below, Tenant shall not make any installations, alterations, additions, or improvements in or to the Premises, including, without limitation, any apertures in the walls, partitions, ceilings or floorsfloors (collectively, “Alterations”) without on each occasion obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld withheld, conditioned or delayed, except that only prior notice and a description of and plans for the work (but no approval) shall be required for any interior work costing less than $50,000 in the aggregate during any twelve-month period and that does not require a permit with respect to the building's structure or mechanical, electrical, or other building systems. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Notwithstanding the foregoing, Tenant shall not without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion, perform any work in or to the Premises that would in Landlord's reasonable judgment (i) in any manner affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs, or floor slabs), (ii) require changes in any respect be incompatible with the electrical or mechanical components or systems of the Building determined in Landlord’s reasonable option to be material and adverse to the Building, (iii) affect space or areas around the Building (including the exterior of the Building), (iv) diminish the value of the Premises for the Permitted Uses, or (viv) require any unusual expense to re-adapt the Premises for the Permitted Uses. Tenant shall procure procure, at Tenant's ’s sole expense expense, all necessary permits and licenses before undertaking any work on the Property Premises and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If any notice of contract or any lien is placed on the Property Premises arising from work performed by or for Tenant, if requested by Landlord for any work requiring Landlord's approval, Tenant shall thereafter furnish to Landlord prior to commencement of any such work a bond or other security to stay enforcement of or insure over such lien, in either case, in the amount, form and substance reasonably acceptable to Landlord assuring that any work by Landlord; provided, however, after posting such bond or providing such security, Tenant will shall have the right to contest the validity of such lien or otherwise cause such lien to be completed in accordance with removed from the approved plans and specifications and that all subcontractors will be paidpublic record. Tenant shall employ for such work only contractors reasonably approved by Landlord and shall require all contractors employed by Tenant to carry insurance in types and amounts reasonably approved by Landlord (including without limitation worker's ’s compensation insurance in accordance with statutory requirements and commercial general liability insurance covering such contractors on or about the Premises with a combined single limit not less than $3,000,000) 1,000,000 and shall submit certificates evidencing such coverage to Landlord prior to the commencement of such workLandlord, subject to Section II of Exhibit D in the case of casualtyupon Landlord’s request. Tenant shall indemnify and hold harmless Landlord from all injury, loss, claims or damage to any person or property occasioned by or arising out of such work. Landlord may inspect the work of Tenant at reasonable times in accordance with Section 6.5 and give notice of observed defects. Upon completion of any such work, Tenant shall provide Landlord with "as built" plans, copies of all construction contracts and proof of payment for all labor and materials. Tenant, at the time it requests approval for any proposed Alterations, may request in writing that Landlord advise Tenant whether such Alterations or any portion thereof must be removed on or prior to the Expiration Date, or earlier termination of the Lease. Landlord shall respond within ten (10) days of such request, or shall be deemed to have advised Tenant that such Alteration must be removed upon the Expiration Date or earlier termination of this Lease; provided, however, that Tenant shall not be required to remove (i) the Initial Improvements itemized as 1 through 4, inclusive, on Exhibit B-1, (ii) the Initial Improvements itemized as 5 on Exhibit B-1, to the extent that the same are Usual Office Improvements (defined below), or (iii) any usual office improvements such as gypsum board, partitions, ceiling grids and tiles, fluorescent lighting panels, Building standard doors and non-glued down carpeting, but expressly excluding data and communications cabling (which Tenant is required to remove) (collectively, “Usual Office Improvements”). Notwithstanding anything to the contrary contained in this Lease, Landlord’s consent shall not be required in connection with an Alteration that (i) will not affect the systems or structure of the Building, (ii) will not require work to be performed inside the walls or above the ceiling of the Premises, (iii) will not diminish the value of the Premises, and (iv) will not cost in excess of $25,000.00 in any single Alteration or $100,000.00 in the aggregate.

Appears in 1 contract

Samples: Lease (Bluestem Brands, Inc.)

Alterations, Additions, and Improvements. (a) Tenant shall not permit the Leased Premises to be used for any purpose other than that stated in Section 2.2 hereof, or make or allow to be made any installations, alterations, additions, physical additions or improvements in or to the Leased Premises, includingor place signs on or in the Leased Premises which are visible from outside the Leased Premises, without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion first obtaining the prior written consent of Landlord, Landlord (which consent shall may be withheld in Landlord's sole discretion). Notwithstanding the foregoing, Landlord will not be unreasonably withheld withhold its consent to alterations, physical additions or delayed, except that only prior notice and a description of and plans for the work (but no approval) shall be required for any interior work costing less than $50,000 in the aggregate during any twelve-month period and that does not require a permit with respect changes to the building's structure or Leased Premises that do not adversely affect the Building structural, mechanical, electrical, plumbing, heating, ventilating, air conditioning, life safety or other building base Building improvements or systems. Any , provided such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant shall not perform any work in or to the Premises that would in Landlord's reasonable judgment changes (i) in any manner affect any structural component are not visible from the exterior of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs, Leased Premises or floor slabs)the Building, (ii) in any respect be incompatible with the electrical or mechanical components or systems of the Building, (iii) do not affect space or areas around the Building (including the exterior of the Building), the structure of the Building or any public areas of the Project, (iii) do not violate any provision of this Lease, (iv) diminish the value of the Premises for the Permitted Usesdo not violate any Legal Requirements, or and (v) require will not interfere with the use and occupancy of any unusual expense other portion of the Project or the Complex by any other tenant or occupant of the Project or the Complex. If Landlord consents to re-adapt the Premises said alterations, improvements, or additions, or placement of signs, Landlord may impose such conditions with respect thereto as are reasonably appropriate, including without limitation, requiring Tenant to furnish Landlord with security for the Permitted Usespayment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, plans and specifications, and permits for such work. Tenant shall procure at Tenant's sole expense all necessary permits and licenses before undertaking any work on the Property and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If any notice of contract or lien is placed on the Property arising from work performed by or for Tenant, if requested by Landlord for any work requiring Landlord's approval, Tenant shall thereafter furnish to Landlord prior to commencement of any such work a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications and that all subcontractors will construction means and methods shall be paidsubject to Landlord's written approval. Tenant shall employ for such work only contractors reasonably approved furnish to Landlord any documents and information requested by Landlord and shall require all contractors employed by Tenant to carry insurance in types and amounts reasonably approved by Landlord (including without limitation worker's compensation insurance in accordance connection with statutory requirements and commercial general liability insurance covering such contractors on or about the Premises with a combined single limit not less than $3,000,000) and shall submit certificates evidencing such coverage to Landlord prior to the commencement exercise of such work, subject to Section II of Exhibit D in the case of casualty. Tenant shall indemnify and hold harmless Landlord from all injury, loss, claims or damage to any person or property occasioned by or arising out of such workits rights hereunder. Landlord may inspect the work of Tenant at reasonable times in accordance with Section 6.5 hire outside consultants to review such documents and give notice of observed defects. Upon completion of any such work, information furnished to Landlord and Tenant shall provide reimburse Landlord with "as built" plansfor the cost thereof, copies of all construction contracts and proof of payment for all labor and materialsincluding reasonable attorneys' fees, upon demand.

Appears in 1 contract

Samples: Lease Agreement (Entrust Technologies Inc)

Alterations, Additions, and Improvements. Tenant shall not make any installations, alterations, additions, or improvements in or to the PremisesPremises (collectively, “Alterations”), including, without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayeddelayed with respect to Alterations that do not affect the structure or mechanical, electrical, or other systems of the Building (and may otherwise be withheld or granted in Landlord’s sole and absolute discretion), except that only prior notice and a description of and plans for the work (but no approval) shall be required for any interior work Alterations costing less than $50,000 25,000 in the aggregate during any twelve-twelve (12) month period that are not visible from outside the Premises and that does do not require a permit with respect to affect the building's structure or mechanical, electrical, or other building systemssystems of the Building. Any such work Alterations so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant shall not perform any work Alterations in or to the Premises that would in Landlord's ’s reasonable judgment (i) in any manner affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs, or floor slabs), (ii) in any respect be incompatible with the electrical or mechanical components or systems of the Building, (iii) affect space or areas around the Building (including the exterior of the Building), (iv) diminish the value of the Premises for the Permitted Uses, or (v) require any unusual expense to re-adapt the Premises for the Permitted Uses, or (vi) adversely affect the character of the Premises, the Building, or the Property. Tenant shall procure at Tenant's ’s sole expense all necessary permits and licenses before undertaking any work Alterations on the Property Premises and shall perform all such work Alterations in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws Laws and with all applicable insurance requirements. If any notice of contract or lien is placed on the Property arising from work performed by or for Tenant, if requested by Landlord for any work requiring Landlord's approval, Tenant shall thereafter furnish to Landlord prior to commencement of any such work a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications and that all subcontractors will be paid. Tenant shall employ for such work only contractors reasonably approved by Landlord and shall require all contractors employed by Tenant to carry insurance in types and amounts reasonably approved by Landlord (including without limitation worker's ’s compensation insurance in accordance with statutory requirements requirements, employer’s liability in an amount not less than $1,000,000 per coverage section, automobile liability in an amount not less than $1,000,000 combined single limit for all owned, hired and non-owned automobiles, and commercial general liability insurance covering such contractors on or about the Premises with a combined single limit in an amount not less than $3,000,0003,000,000 per occurrence and in the aggregate, which can be satisfied in conjunction with an excess/umbrella liability policy) and shall submit certificates evidencing such coverage to Landlord prior to the commencement of such work, subject to Section II Articles VII and X of Exhibit D this Lease in the case of casualty. All contractors and subcontractors shall name Tenant, Landlord, and its subsidiaries, Lender and any other entity Landlord reasonably requests as additional insured on their commercial general liability, automobile liability and excess/umbrella liability policies on a primary and noncontributory basis without any privity of contract requirement. Additional insured status shall include ongoing and completed operations and include a waiver of subrogation in favor of additional insureds. Coverage provided contractors shall not contain any restrictions or exclusions for work contemplated within their agreement. Tenant shall indemnify and hold harmless Landlord from all injury, loss, claims or damage to any person or property occasioned by or arising out of such workthe performance of any Alterations. Landlord may inspect the work of Tenant at reasonable times in accordance with Section 6.5 hereof and give notice of observed defects. Upon completion of any such workAlterations, Tenant shall provide Landlord with "as built" plans, copies of all construction contracts and proof of payment for all labor and materials. Except for items constituting Tenant's Property or Required Removal Alterations (as hereinafter defined), all Alterations and appurtenances attached to or built into the Premises at the commencement of or during the Term, whether or not at the expense of Tenant, and whether or not Landlord's consent or approval is required (collectively “Fixtures”), shall be and remain a part of the Premises, shall be deemed the property of Landlord as of the date such Fixtures are completed, attached to or built into the Premises and shall not be removed by Tenant. Fixtures shall include electrical, plumbing, heating and sprinkling equipment, fixtures, outlets, venetian blinds, partitions, gates, doors, vaults, paneling, molding, shelving, radiator enclosures, cork, rubber, linoleum and composition floors, ventilating, silencing, air conditioning and cooling equipment, and all fixtures, equipment and appurtenances of a similar nature or purpose. Any Alterations which shall involve the removal of any Fixtures shall be promptly replaced, at Tenant's expense and free of superior title, liens, security interests and claims, with like property, of at least equal quality and value. Landlord shall, at the time of its approval of any Alterations, provide in writing which Alterations or portions thereof must be removed by Tenant at the expiration or earlier termination of this Lease (“Required Removal Alterations”). All Required Removal Alterations which are installed in and to the Premises shall be removed by Tenant at the expiration or sooner termination of this Lease and all damage caused by such removal shall be repaired by Tenant, at Tenant’s expense. As used herein, “Tenant’s Property” shall mean Tenant’s movable fixtures, telephone and other equipment, computer systems, trade fixtures, furniture, furnishings, and other items of personal property which are removable without material damage to the Property.

Appears in 1 contract

Samples: Lease (Biolife Solutions Inc)

Alterations, Additions, and Improvements. 10.1 Tenant shall not create any openings in the roof or exterior walls, or make any installations, alterations, additions, or improvements in or to the Premises, including, Premises or install any structures or equipment on the roof of the Building or any portion of the Common Area without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord. Tenant may, which consent shall however, but at its own cost and expense and in a good and workmanlike manner, make such alterations of a nonstructural nature to the Premises provided (i) Tenant complies with all applicable governmental laws, ordinances and regulations, (ii) such alterations do not be unreasonably withheld affect the mechanical or delayedthe structural integrity of the Building, except that only prior notice alter the character or the storefront of the Building, or adversely affect the utility systems, and a description (iii) the cost of and plans for the work (but no approval) shall be required any such alterations does not exceed $10,000.00. Tenant expressly agrees to indemnify landlord for any interior work costing less than $50,000 in and all damages resulting from or caused by Tenant penetrating the aggregate during any twelve-month period and that does not require a permit with respect to roof or exterior walls of the building's structure or mechanical, electrical, or other building systems. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by LandlordPremises. Tenant shall have the right to erect or install shelves, bins and machinery and clean rooms, 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 perform any work then in or default; however, Tenant shall, prior to the Premises termination of this Lease, repair any damage caused by such removal and, if requested by Landlord, offer Landlord (prior to such removal) sufficient security to insure Landlord that would in Landlord's reasonable judgment (i) in any manner affect any structural component of the Building proper repairs will be made. All alterations, additions or improvements made by Tenant (including, without limitation, exterior wallsHVAC Systems, exterior windowsoffices and improvements in and pertaining to such offices, core wallspartitions, columnsfloor coverings, roofs, or floor slabsetc.), (ii) together with such other property as Tenant leaves in any respect be incompatible with the electrical or mechanical components or systems of the Building, (iii) affect space or areas around the Building (including the exterior of the Building), (iv) diminish the value of on the Premises for at the Permitted Usestermination of this Lease, or (v) require any unusual expense to re-adapt shall become the Premises for property of Landlord at the Permitted Uses. Tenant shall procure at Tenant's sole expense all necessary permits and licenses before undertaking any work on the Property and shall perform all such work in a good and workmanlike manner employing materials termination of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If any notice of contract or lien is placed on the Property arising from work performed by or for Tenant, if requested by Landlord for any work requiring Landlord's approvalthis Lease; however, Tenant shall thereafter furnish to promptly remove, if Landlord prior to commencement so elects, any or all alterations, additions, and improvements specified by Landlord provided Landlord notifies Tenant in writing that such improvements will require future removal at the time of Landlord's approval of such alterations and improvements, and any such work a bond or other security acceptable to Landlord assuring that any work property placed in the Premises by Tenant will be completed in accordance with the approved plans Tenant, and specifications and that all subcontractors will be paid. Tenant shall employ for repair any damage caused by such work only contractors reasonably approved by Landlord and removal. The provisions of this paragraph shall require all contractors employed by Tenant to carry insurance in types and amounts reasonably approved by Landlord (including without limitation worker's compensation insurance in accordance with statutory requirements and commercial general liability insurance covering such contractors on survive the expiration or about the Premises with a combined single limit not less than $3,000,000) and shall submit certificates evidencing such coverage to Landlord prior to the commencement earlier termination of such work, subject to Section II of Exhibit D in the case of casualty. Tenant shall indemnify and hold harmless Landlord from all injury, loss, claims or damage to any person or property occasioned by or arising out of such work. Landlord may inspect the work of Tenant at reasonable times in accordance with Section 6.5 and give notice of observed defects. Upon completion of any such work, Tenant shall provide Landlord with "as built" plans, copies of all construction contracts and proof of payment for all labor and materialsthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Chorum Technologies Inc)

Alterations, Additions, and Improvements. Tenant shall not make any installations, No alterations, additions, or improvements in or (“Alterations”) shall be made to the Premises, including, Premises by Tenant without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld withheld, conditioned or delayed; provided, except however, that only Tenant, without Landlord’s prior notice and a description of and plans for the work (written consent, but no approval) shall be required for any interior work costing 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, Lot 1 or the Project, (b) do not affect the structural integrity or any structural components of the Building, Lot 1 or the Project, and (c) do not involve the expenditure of more than One Hundred Thousand and No/100 Dollars ($50,000 100,000.00) in the aggregate during any twelvetwelve (12) month period. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord within thirty (30) days after receipt of written demand (and receipt of reasonable supporting backup documentation) for the reasonable out-month period 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. In addition, if Landlord’s consent is required and is granted as 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 if and only to the extent that does they require a building permit, shall pay to Landlord a construction management fee in an amount equal to one percent (1.0%) 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 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, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then 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. All Alterations to be made to the Premises that require a permit with respect to therefor shall be designed by and made under the building's structure or mechanical, electrical, or other building systems. Any such work so supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord Landlord, which approval shall not be unreasonably withheld, conditioned or delayed) and shall be performed only made in accordance with plans and specifications therefor which have been furnished to and approved by Landlord in writing prior to commencement of work, which approval shall not be unreasonably withheld, conditioned or delayed. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, in compliance with the “Specifications” and “Requirements” set forth in Schedules One and Two of the Work Letter Agreement attached hereto as Exhibit C (“Work Letter Agreement”), along with all applicable laws and any relevant LEED Certification Requirements, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies, if and as required. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall not perform any work in or to the Premises that would in Landlord's reasonable judgment (i) in any manner affect any structural component of the Building (retain ownership thereof), all Alterations, including, without limitation, exterior wallsall lighting, exterior windowselectrical, core wallsheating, columnsventilation, roofsair conditioning and full height partitioning, or floor slabs)drapery and carpeting installations made by Tenant, (ii) in any respect be incompatible together with the electrical or mechanical components or systems all property that has become an integral part of the BuildingPremises, (iii) affect space shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or areas around the Building (including the exterior sooner termination of the Building)Lease; provided, (iv) diminish however, that notwithstanding the value foregoing or anything to the contrary contained in this Lease, in no event will Tenant be required to remove any of the Premises for the Permitted Uses, or (v) require any unusual expense Tenant Improvements to re-adapt the Premises for the Permitted Uses. Tenant shall procure at Tenant's sole expense all necessary permits constructed and licenses before undertaking any work on the Property and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If any notice of contract or lien is placed on the Property arising from work performed by or for Tenant, if requested by Landlord for any work requiring Landlord's approval, Tenant shall thereafter furnish to Landlord prior to commencement of any such work a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed installed in accordance with the approved plans Work Letter Agreement unless those Tenant Improvements are Non-Standard Office Tenant Improvements. As used herein, the term “Non-Standard Office Tenant Improvements shall mean any and specifications all tenant improvements not typically found in an office building in Sunnyvale, California or also any tenant improvements which would be unusually difficult or expensive to remove, including but not limited to internal staircases, raised floors, clean rooms, library bookcases and that all subcontractors will be paidtenant-specific telecommunications equipment. Tenant shall employ for such work only contractors reasonably approved by Landlord retain title to all furniture and shall require all contractors employed by Tenant to carry insurance in types and amounts reasonably approved by Landlord trade fixtures placed on the Premises. Within thirty (including without limitation worker's compensation insurance in accordance with statutory requirements and commercial general liability insurance covering such contractors on or about the Premises with a combined single limit not less than $3,000,00030) and shall submit certificates evidencing such coverage to Landlord prior to the commencement of such work, subject to Section II of Exhibit D in the case of casualty. Tenant shall indemnify and hold harmless Landlord from all injury, loss, claims or damage to any person or property occasioned by or arising out of such work. Landlord may inspect the work of Tenant at reasonable times in accordance with Section 6.5 and give notice of observed defects. Upon days after completion of any such workAlterations, Tenant shall provide Landlord with "(A) a complete set of both hard copies and CAD drawings of “as built" plans” plans for such Alterations, copies and (B) a statement of all final costs of design, demolition, construction contracts and proof installation of payment for such Alterations, together with all labor supporting documentation therefor and materialsif 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: Triple Net Space Lease (Financial Engines, Inc.)

Alterations, Additions, and Improvements. Tenant shall not make any installations, alterations, additions, or improvements in or to the Premises, including, without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, except that only prior notice and a description of and plans for the work (but no approval) shall be required for any interior work costing less than $50,000 in the aggregate during any twelve-month period and that does not require a permit with respect to the building's structure or mechanical, electrical, or other building systems. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant shall not perform any work in or to the Premises that would in Landlord's reasonable judgment (i) in any manner affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs, or floor slabs), (ii) in any respect be incompatible with the electrical or mechanical components or systems of the Building, (iii) affect space or areas around the Building (including the exterior of the Building), (iv) diminish the value of the Premises for the Permitted Uses, or (v) require any unusual expense to re-adapt the Premises for the Permitted Uses. Tenant shall procure at Tenant's sole expense all necessary permits and licenses before undertaking any work on the Property and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If any notice of contract or lien is placed on the Property arising from work performed by or for Tenant, if requested by Landlord for any work requiring Landlord's approval, Tenant shall thereafter furnish to Landlord prior to commencement of any such work a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications and that all subcontractors will be paid. Tenant shall employ for such work only contractors reasonably approved by Landlord and shall require all contractors employed by Tenant to carry insurance in types and amounts reasonably approved by Landlord (including without limitation worker's compensation insurance in accordance with statutory requirements and commercial general liability insurance covering such contractors on or about the Premises with a combined single limit not less than $3,000,000) and shall submit certificates evidencing such coverage to Landlord prior to the commencement of such work, subject to Section II of Exhibit D in the case of casualty. Tenant shall indemnify and hold harmless Landlord from all injury, loss, claims or damage to any person or property occasioned by or arising out of such work. Landlord may inspect the work of Tenant at reasonable times in accordance with Section 6.5 and give notice of observed defects. Upon completion of any such work, Tenant shall provide Landlord with "as built" plans, copies of all construction contracts and proof of payment for all labor and materials.. During the first twenty four (24) months of the Term, Tenant shall be entitled to expand the Building pursuant to the terms and provisions of this Lease, including, but not limited to, this

Appears in 1 contract

Samples: Agreement (Dayton Superior Corp)

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Alterations, Additions, and Improvements. Tenant shall not make any installationsalterations, decorations, additions or improvements (collectively “Alterations”) of a structural nature in or to the Premises or any Alterations to the exterior of the Premises without the prior written consent of Landlord in each instance, which consent may be withheld in Landlord’s sole discretion, provided however, that Landlord shall not unreasonably withhold its consent to Alterations necessary for Tenant’s medical operations unless such Alterations could adversely affect any structural portion of the Premises or the Building, any building systems or any matter adversely affecting the continued use and occupancy of the Building for medical use in which case such consent shall be determined by Landlord in its sole and absolute discretion. Tenant is not required to obtain the Landlord’s prior written consent for non-structural alterations, additions or improvements that do not cost more than ____________________Dollars, that do not adversely affect the Building’s appearance or value, and that do not modify or affect the roof, plumbing, HVAC systems, life safety systems, or electrical systems. Consent for non-structural alterations, additions, or improvements in excess of _________________Dollars or that modify or affect plumbing, HVAC systems or electrical systems will not be unreasonably withheld, conditioned or delayed by Landlord. To the extent that Tenant’s alterations or improvements void or reduce any warranties assigned hereunder, the liability shall thereafter be the responsibility of the Tenant. Tenant may erect or install trade fixtures, shelves, bins, machinery, supplemental HVAC systems, and refrigeration equipment, provided that Tenant complies with all applicable governmental laws, ordinances, codes, and regulations. Any Alterations by Tenant shall be performed in a first-class workmanlike manner by a licensed general contractor approved by Landlord and shall comply with all applicable laws. In connection with any Alterations, Tenant agrees to obtain and deliver to Landlord evidence of satisfactory builders’ risk, worker’s compensation as required by the State of ___________, and liability insurance coverage maintained by the general contractor and written and unconditional waivers of mechanic’s and materialmen’s liens from all contractors, subcontractors, materialmen, and laborers to become involved in such work. Landlord’s consent to any Alterations shall not be deemed to be an agreement or consent by Landlord to subject Landlord’s interest in the Property or Building to any mechanic’s or materialmen’s lien which may be filed in connection therewith. If any Alteration is made without the prior written consent of Landlord when required, Landlord may correct or remove the same and Tenant shall be liable for any and all expenses incurred by Landlord in the performance of this work together with interest thereon at the current statutory rate. At the expiration or termination of this Lease, Tenant may, subject to the restrictions of Section 7.03, remove items installed by Tenant, provided Tenant is not in default at the time of the removal and Tenant repairs, in a good and workmanlike manner, any damage caused by the installation or removal. Tenant shall pay for all cost incurred or arising out of alterations, additions, or improvements in or to the Premises, including, without limitation, Premises and will not permit any apertures in the walls, partitions, ceilings mechanic’s or floors, without on each occasion obtaining the prior written consent of Landlord, which consent shall not materialman’s lien to be unreasonably withheld or delayed, except that only prior notice and a description of and plans for the work (but no approval) shall be required for any interior work costing less than $50,000 in the aggregate during any twelve-month period and that does not require a permit with respect to the building's structure or mechanical, electrical, or other building systems. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant shall not perform any work in or to filed against the Premises that would in Landlord's reasonable judgment (i) in or the Property. If any manner affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs, or floor slabs), (ii) in any respect be incompatible with the electrical or mechanical components or systems of the Building, (iii) affect space or areas around the Building (including the exterior of the Building), (iv) diminish the value of lien is filed against the Premises for the Permitted Useswork claimed to have been done for, or (v) require any unusual expense material claimed to re-adapt the Premises for the Permitted Uses. Tenant shall procure at have been furnished to, Tenant's sole expense all necessary permits and licenses before undertaking any work on the Property and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If any notice of contract or lien is placed on the Property arising from work performed by or for Tenant, if requested by Landlord for any work requiring Landlord's approval, Tenant shall thereafter furnish cause such lien to Landlord prior to commencement be discharged of record within thirty (30) days after Tenant’s knowledge of same, by bonding or in any such work a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications and that all subcontractors will be paid. Tenant shall employ for such work only contractors reasonably approved by Landlord and shall require all contractors employed by Tenant to carry insurance in types and amounts reasonably approved by Landlord (including without limitation worker's compensation insurance in accordance with statutory requirements and commercial general liability insurance covering such contractors on or about the Premises with a combined single limit not less than $3,000,000) and shall submit certificates evidencing such coverage to Landlord prior to the commencement of such work, subject to Section II of Exhibit D in the case of casualtylawful manner. Tenant shall indemnify and hold harmless Landlord from all injurycosts, losslosses, claims or damage expenses, and attorneys’ fees in connection with any such lien. Upon request by Landlord, Tenant shall deliver to any person or property occasioned by Landlord proof of payment, reasonably satisfactory to Landlord, of all costs incurred or arising out of such work. Landlord may inspect the work of Tenant at reasonable times in accordance with Section 6.5 and give notice of observed defects. Upon completion of any such workalterations, Tenant shall provide Landlord with "as built" plansadditions, copies of all construction contracts and proof of payment for all labor and materialsor improvements.

Appears in 1 contract

Samples: Commercial Lease Agreement (Nutex Health, Inc.)

Alterations, Additions, and Improvements. Except as provided otherwise in Exhibit B for Tenant Improvements, Tenant shall not make or allow to be made any installations, alterations, additions, alterations or improvements additions in or to the Premises, including, Leased Premises without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion first obtaining the prior written consent of Landlord, which provided that Tenant shall be permitted, without Landlord’s consent, to make non-structural alterations or additions to the Leased Premises that do not adversely affect any of the Building systems, cost less than $50,000.00 (in the aggregate per calendar year), and are of a cosmetic nature (e.g., painting, carpeting, etc.; any such alteration complying with all of the foregoing constituting a “Cosmetic Alteration”). Landlord’s consent shall will not be unreasonably withheld or delayed, except that only prior notice and a description of and plans for the work (but no approval) shall be required for any interior work costing less than $50,000 in the aggregate during any twelve-month period and that does not require a permit delayed 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's structure or Building and its mechanical, telecommunication, electrical, HVAC and life safety systems; (iii) will not affect the structural or exterior portions of the Building; (iv) will not interfere with the use and occupancy of any other building systemsportion of the Building by any other tenant, its employees or invitees; and (v) will not trigger any additional costs to Landlord. Any such work so approved by Landlord Specifically, but without limiting the generality of the foregoing, Landlord’s right of consent shall be performed only in accordance with encompass plans and specifications therefor approved by Landlordfor 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 not perform supply to Landlord any work additional documents and information reasonably requested by Landlord in or to the Premises that would in Landlord's reasonable judgment connection with Tenant’s request for consent hereunder. Any consent given by Landlord under this Section 5.7 shall be deemed conditioned upon: (i) in any manner affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs, or floor slabs), Tenant’s acquiring all applicable permits required by governmental authorities; (ii) in any respect be incompatible Tenant’s furnishing to Landlord copies of such permits, together with the electrical or mechanical components or systems copies of the Buildingapproved plans and specifications, (iii) affect space or areas around the Building (including the exterior of the Building), (iv) diminish the value of the Premises for the Permitted Uses, or (v) require any unusual expense to re-adapt the Premises for the Permitted Uses. Tenant shall procure at Tenant's sole expense all necessary permits and licenses before undertaking any work on the Property and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If any notice of contract or lien is placed on the Property arising from work performed by or for Tenant, if requested by Landlord for any work requiring Landlord's approval, Tenant shall thereafter furnish to Landlord prior to commencement of any such the work a bond or other security acceptable to Landlord assuring that any work thereon; and (iii) the compliance by Tenant will be completed in accordance with the approved plans and specifications and that all subcontractors will be paid. Tenant shall employ for such work only contractors reasonably approved by Landlord and shall require all contractors employed by Tenant to carry insurance in types and amounts reasonably approved by Landlord (including without limitation worker's compensation insurance in accordance with statutory requirements and commercial general liability insurance covering such contractors on or about the Premises with a combined single limit not less than $3,000,000) and shall submit certificates evidencing such coverage to Landlord prior to the commencement of such work, subject to Section II of Exhibit D in the case of casualty. Tenant shall indemnify and hold harmless Landlord from all injury, loss, claims or damage to any person or property occasioned by or arising out of such work. Landlord may inspect the work of Tenant at reasonable times in accordance with Section 6.5 and give notice of observed defects. Upon completion of any such work, Tenant shall provide Landlord with "as built" plans, copies conditions of all construction contracts applicable permits and proof of payment for all labor approvals in a prompt and materialsexpeditious manner.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Exar Corp)

Alterations, Additions, and Improvements. (a) Except as set forth in Exhibits B and B-1, Tenant shall not make or allow to be made any installations, alterations, additions, additions or improvements in or to the Premises, including, Leased Premises without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion first obtaining the prior written consent of Landlord, which provided that Tenant shall be permitted, without Landlord’s consent, to make non-structural alterations or additions to the Leased Premises that do not affect any of the Building systems, cost less than $25,000.00 in the aggregate per project, or $50,000.00 in the aggregate per calendar year, do not require a building permit, and are of a cosmetic nature (e.g., painting, carpeting, etc.; any such alteration complying with all of the foregoing constituting a “Cosmetic Alteration”). Xxxxxxxx’s consent shall will not be unreasonably withheld withheld, conditioned or delayed, except that only prior notice and a description of and plans for the work (but no approval) shall be required for any interior work costing less than $50,000 in the aggregate during any twelve-month period and that does not require a permit delayed with respect to proposed alterations, additions or improvements which (i) comply with all applicable laws, ordinances, rules and regulations; (ii) are compatible with and do not adversely affect the building's structure or Building and its mechanical, telecommunication, electrical, HVAC and fire/life safety systems; (iii) will not affect the structural or other building systemsexterior portions of the Building; and (iv) will not trigger any material costs to Landlord. Any such work so approved by Landlord Specifically, but without limiting the generality of the foregoing, Xxxxxxxx’s right of consent shall be performed only in accordance with encompass plans and specifications therefor approved by Landlord. Tenant shall not perform any work in or to the Premises that would in Landlord's reasonable judgment (i) in any manner affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs, or floor slabs), (ii) in any respect be incompatible with the electrical or mechanical components or systems of the Building, (iii) affect space or areas around the Building (including the exterior of the Building), (iv) diminish the value of the Premises for the Permitted Usesproposed alterations, additions or (v) require improvements, construction means and methods, the identity of any unusual expense contractor or subcontractor to re-adapt the Premises for the Permitted Uses. Tenant shall procure at Tenant's sole expense all necessary permits and licenses before undertaking any work be employed on the Property work of alterations, additions or improvements, and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If any notice of contract or lien is placed on the Property arising from work performed by or time for Tenant, if requested by Landlord for any work requiring Landlord's approval, Tenant shall thereafter furnish to Landlord prior to commencement of any such work a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications and that all subcontractors will be paid. Tenant shall employ for such work only contractors reasonably approved by Landlord and shall require all contractors employed by Tenant to carry insurance in types and amounts reasonably approved by Landlord (including without limitation worker's compensation insurance in accordance with statutory requirements and commercial general liability insurance covering such contractors on or about the Premises with a combined single limit not less than $3,000,000) and shall submit certificates evidencing such coverage to Landlord prior to the commencement of such work, subject to Section II of Exhibit D in the case of casualty. Tenant shall indemnify and hold harmless Landlord from all injury, loss, claims or damage to any person or property occasioned by or arising out performance of such work. Tenant shall supply to Landlord may inspect any additional documents and information requested by Landlord in connection with Xxxxxx’s request for consent hereunder. If Tenant performs any alterations or additions permitted under this Section 5.7, Tenant shall, in addition to complying with the work provisions of Tenant at reasonable times this Section 5.7, perform such alterations or additions in accordance with Section 6.5 and give notice a manner that avoids disturbing any asbestos containing materials present in the Building. If asbestos containing materials are likely to be disturbed in the course of observed defects. Upon completion of any such work, Tenant shall provide encapsulate or remove the asbestos containing materials in accordance with an asbestos-removal plan approved by Landlord and otherwise in accordance with "as built" plans, copies of all construction contracts and proof of payment for all labor and materialsapplicable laws.

Appears in 1 contract

Samples: Lease (Metagenomi Technologies, LLC)

Alterations, Additions, and Improvements. Tenant shall not make any installations, No alterations, additions, or improvements in or (“Alterations”) shall be made to the Premises, including, Premises by Tenant without limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld withheld, conditioned or delayed; provided, except however, that only Tenant, without Landlord’s prior notice and a description of and plans for the work (written consent, but no approval) shall be required for any interior work costing 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 adversely affect any systems or equipment of the Building, Lot 1 or the Project, (b) do not adversely affect the structural integrity or any structural components of the Building, Lot 1 or the Project, and (c) do not involve the expenditure of more than Seventy-Five Thousand and No/100 Dollars ($50,000 75,000.00) in the aggregate during any twelvetwelve (12) month period. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-month period of-pocket third party costs and expenses of consultants, engineers, architects and others for reasonable review of plans and specifications and for monitoring the construction of any proposed Alterations. Landlord may require 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 by providing written notice to Tenant at the time Landlord responds to Tenant’s request for Landlord’s consent to the Alteration. If Landlord states in its response that does it will not require a permit with respect removal, then Tenant shall not be required to remove the applicable Alterations. All Alterations to be made to the building's structure or mechanical, electrical, or other building systems. Any such work so Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord Landlord, with such approval not being unreasonably withheld, conditioned or delayed) and shall be performed only made in accordance with plans and specifications therefor which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth in Schedules One and Two thereof, along with all applicable laws and any relevant LEED Certification Requirements, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies, to the extent such approval is required. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall not perform any work in or to the Premises that would in Landlord's reasonable judgment (i) in any manner affect any structural component of the Building (retain ownership thereof), all Alterations, including, without limitation, exterior wallsall lighting, exterior windowselectrical, core wallsheating, columnsventilation, roofsair conditioning and full height partitioning, or floor slabs)drapery and carpeting installations made by Tenant, (ii) in any respect be incompatible together with the electrical or mechanical components or systems all property that has become an integral part of the BuildingPremises, (iii) affect space shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or areas around the Building (including the exterior sooner termination of the Building), (iv) diminish the value of the Premises for the Permitted Uses, or (v) require any unusual expense to re-adapt the Premises for the Permitted UsesLease. Tenant shall procure at Tenant's sole expense retain title to all necessary permits furniture and licenses before undertaking any work on the Property and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If any notice of contract or lien is trade fixtures placed on the Property arising from work performed by or for Tenant, if requested by Landlord for any work requiring Landlord's approval, Tenant shall thereafter furnish to Landlord prior to commencement of any such work a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications and that all subcontractors will be paidPremises. Tenant shall employ for such work only contractors reasonably approved by Landlord and shall require all contractors employed by Tenant to carry insurance in types and amounts reasonably approved by Landlord Within thirty (including without limitation worker's compensation insurance in accordance with statutory requirements and commercial general liability insurance covering such contractors on or about the Premises with a combined single limit not less than $3,000,00030) and shall submit certificates evidencing such coverage to Landlord prior to the commencement of such work, subject to Section II of Exhibit D in the case of casualty. Tenant shall indemnify and hold harmless Landlord from all injury, loss, claims or damage to any person or property occasioned by or arising out of such work. Landlord may inspect the work of Tenant at reasonable times in accordance with Section 6.5 and give notice of observed defects. Upon days after completion of any such workAlterations, Tenant shall provide Landlord with "(A) a complete set of both hard copies and CAD drawings of “as built" plans” plans for such Alterations, copies and (B) a statement of all final costs of design, demolition, construction contracts and proof installation of payment for all labor and materialssuch Alterations.

Appears in 1 contract

Samples: Triple Net Space Lease (Rambus Inc)

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