Common use of Alterations or Improvements Clause in Contracts

Alterations or Improvements. Tenant may make any interior, non-structural, non-mechanical changes (“Tenant Alterations”) at any time desired by Tenant without Landlord’s consent, provided that Tenant: (i) acquires any legally required permit to do so from appropriate governmental agencies, (ii) furnishes of a copy thereof to Landlord prior to the commencement of the work, (iii) complies with all conditions of the permit in a prompt and expeditious manner, and (iv) the cost of Tenant Alterations in any 12 month period does not exceed $50,000.00; all other alterations to the Premises shall require the prior written consent of Landlord not to be unreasonably withheld. Tenant shall make the Tenant Alterations in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and quality equal to or better than the original construction of the Building and using a contract reasonably approved by Landlord. All Tenant Alterations shall be installed at Tenant’s sole expense. Tenant shall promptly repair any damage to the Premises or the Building caused by any such Tenant Alterations. Such alterations, physical 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 moveable non-attached fixtures or furniture of Tenant. If any mechanic lien is filed against the Premises or the Building as a result of any act or omission by Tenant, its agents, employees or invitees, Tenant shall cause same to be discharged of record within 10 days after the lien is filed. Landlord shall have no right to make any alterations or improvements to the Premises without Tenant’s consent unless such alterations or improvements are required by law. In the event that Landlord deems it necessary to make alterations or improvements that are required by law, Landlord shall provide Tenant with written notice as far in advance as possible and work with Tenant to minimize the disruption to Tenant’s business operations. All alterations and improvements made by Landlord shall be at Landlord’s sole cost and expense. Any alterations or improvements to the Premises paid for by Landlord, except office furniture, equipment, personal property and trade fixtures, shall become a part of the realty and the property of Landlord, and shall not be removed by Tenant.

Appears in 4 contracts

Samples: Lease Agreement, Lease Agreement (Medpace Holdings, Inc.), Lease Agreement (Medpace Holdings, Inc.)

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Alterations or Improvements. Tenant may shall not make any interior, non-structural, non-mechanical changes (“Tenant Alterations”) at any time desired by Tenant without Landlord’s consent, provided that Tenant: (i) acquires any legally required permit to do so from appropriate governmental agencies, (ii) furnishes of a copy thereof to Landlord prior to the commencement of the work, (iii) complies with all conditions of the permit in a prompt and expeditious manner, and (iv) the cost of Tenant Alterations in any 12 month period does not exceed $50,000.00; all other alterations to the Premises shall require the prior written consent of Landlord not to be unreasonably withheld. Tenant shall make the Tenant Alterations in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and quality equal to or better than the original construction of the Building and using a contract reasonably approved by Landlord. All Tenant Alterations shall be installed at Tenant’s sole expense. Tenant shall promptly repair any damage to the Premises or the Building caused by any such Tenant Alterations. Such alterations, physical additions, renovations 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 moveable non-attached fixtures or furniture of Tenant. If any mechanic lien is filed against the Premises or the Building as a result of any act or omission by Tenant, its agents, employees or invitees, Tenant shall cause same to be discharged of record within 10 days after the lien is filed. Landlord shall have no right to make any alterations or improvements to the Premises without Tenant’s first obtaining the written consent unless such alterations or improvements are required by law. In the event that Landlord deems it necessary to make alterations or improvements that are required by law, Landlord shall provide Tenant with written notice as far in advance as possible and work with Tenant to minimize the disruption to Tenant’s business operationsof Landlord. All alterations alterations, additions, renovations and improvements which shall be made by Landlord shall be at Landlord’s the sole cost and expense. Any alterations or improvements to the Premises paid for by Landlord, except office furniture, equipment, personal property expense of Tenant and trade fixtures, shall become a part of the realty real property and belong to Landlord and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease, or be removed from the Premises by Tenant at the sole discretion of Landlord. Xxxxxx further agrees to indemnity, defend, and hold Landlord and the property of LandlordPremises free and harmless from, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys’ fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant’s plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall not provide Landlord within sixty (60) days after receipt from contractor of “As-built documentation”, a set of mylar reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of “Equipment Operation and Maintenance Manual” for the Premises at which work was performed. All plan views of the construction project shall be removed prepared using AutoCAD software, Release #11 by TenantAutodesk, Inc. Copies of all plan drawings shall be submitted to Landlord on floppy disk in AutoCAD drawing format. Landlord further reserves the right to make any alterations, additions, or improvements to the Premises which, in Landlord’s sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with Xxxxxx’s use of the Premises.

Appears in 4 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

Alterations or Improvements. A. Tenant may shall not make or permit alterations of or upon any interiorpart of the Premises or additions to the Premises (collectively, non-structural, non-mechanical changes (Tenant Alterations”) without first obtaining the written consent of Landlord, provided however, Tenant shall be permitted to make non-structural alterations, additions or improvements to the Premises (“Decorative Alterations”) upon at any time desired by Tenant least five (5) business days prior written notice to Landlord but without Landlord’s consent, consent provided that Tenant: (i) acquires any legally required permit to do so from appropriate governmental agencies, (ii) furnishes of a copy thereof to Landlord prior to the commencement of the work, (iii) complies with all conditions of the permit in a prompt and expeditious manner, and (iv) the cost of Tenant such Decorative Alterations in any 12 month period does do not exceed $50,000.00; all other alterations to the Premises shall require the prior written consent 30,000 per occurrence or an aggregate amount of Landlord not to be unreasonably withheld$90,000 in any twelve (12) month period. Tenant shall make the Tenant at its sole expense and cost, ensure that all Alterations and Decorative Alterations shall be made in accordance with all applicable laws, regulations and building rules, codes, ordinances and regulations in a good and workmanlike manner and in quality equal to or better than the original construction of the Building Premises or Building, and using Tenant shall comply with such requirements as Landlord considers reasonably necessary or desirable. Before commencement of any Alterations or delivery of any materials unto the Premises or the Building, Tenant shall furnish to Landlord, for its prior written approval, plans and specifications certified by a contract reasonably licensed architect or engineer approved by Landlord and such other documentation as Landlord shall reasonably request in connection with the Alterations. Landlord. All Tenant ’s consent to any such Alterations shall be installed at Tenant’s sole expensecreate no responsibility or liability on the part of Landlord for the completeness, design, sufficiency, or compliance with laws, rules, codes, ordinances, or regulations of such Alterations or the plans, specifications or working drawings therefor. Tenant shall promptly pay all costs attributable to such Alterations (including, without limitation, Landlord’s reasonable costs of reviewing plans and materials submitted to Landlord for approval) and shall promptly repair any damage to the Premises Premises, Building or the Building Common Areas caused by any or resulting from such Tenant Alterations. Such alterationsAny such Alterations shall remain for the benefit of Landlord at the expiration or earlier termination of the Lease, physical additionsprovided, however, that Landlord may elect upon written notice to Tenant at the time of consent to such Alteration, to require that Tenant, at its expense, remove at the expiration or improvements when earlier termination of this Lease all or a portion of the Alterations made to the Premises by Tenant shall be surrendered to Landlord and become the property of Landlord upon termination in repair any manner of this Lease, but this clause shall not apply to moveable non-attached fixtures or furniture of Tenant. If any mechanic lien is filed against the Premises or the Building as a result of any act or omission damage caused by Tenant, its agents, employees or invitees, Tenant shall cause same to be discharged of record within 10 days after the lien is filed. Landlord shall have no right to make any alterations or improvements to the Premises without Tenant’s consent unless such alterations or improvements are required by law. In the event that Landlord deems it necessary to make alterations or improvements that are required by law, Landlord shall provide Tenant with written notice as far in advance as possible and work with Tenant to minimize the disruption to Tenant’s business operations. All alterations and improvements made by Landlord shall be at Landlord’s sole cost and expense. Any alterations or improvements to the Premises paid for by Landlord, except office furniture, equipment, personal property and trade fixtures, shall become a part of the realty and the property of Landlord, and shall not be removed by Tenant.such

Appears in 1 contract

Samples: Lease (Ikaria, Inc.)

Alterations or Improvements. During the Term, Tenant may shall have --------------------------- the right to make any interiorsuch alterations, non-structural, non-mechanical changes additions or improvements to the Premises (“Tenant Alterations”"Improvements") at any time desired as deemed necessary or desirable by Tenant without Landlord’s consentTenant, provided that Tenant: such Improvements are constructed in accordance with the terms and conditions of this subsection (c). However, Tenant shall not make any Improvements of a structural nature without obtaining Landlord's prior written consent. At the time Tenant desires to make any Improvements with a cost in excess of Fifty Thousand and no/100 Dollars ($50,000.00), Tenant shall submit (i) acquires any legally required permit a general plan or layout to do so from appropriate governmental agencies, Landlord for Landlord's review and (ii) furnishes of a copy thereof an express written notice that Landlord must notify Tenant within fifteen (15) days if Landlord will require Tenant to Landlord remove such Improvements prior to the commencement Expiration Date, and, within fifteen (15) days following receipt of the worksuch plan and notice, (iii) complies with all conditions of the permit Landlord shall notify Tenant in a prompt and expeditious manner, and (iv) the cost of writing if Landlord will require Tenant Alterations in any 12 month period does not exceed $50,000.00; all other alterations to remove such Improvements prior to the Premises shall require the prior written consent of Landlord not to be unreasonably withheldExpiration Date ("Removal Notice"). Tenant shall not have the right to make any Improvements to or on the Tenant Alterations common areas of the Project. All Improvements shall be made in accordance compliance with all applicable laws, regulations laws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building Project. Tenant shall promptly pay all costs attributable to such Improvements and using shall indemnify, defend and hold harmless Landlord from and against any mechanic's liens or other liens or claims filed or asserted as a contract reasonably approved by Landlord. All Tenant Alterations shall result thereof and against any costs or expenses which may be installed at Tenant’s sole expenseincurred as a result of building code violations attributable to such work. Tenant shall promptly repair any damage to the Premises or the Building Project caused by during the construction of such Improvements. Landlord shall give proper notice to Tenant of any possible claim with respect to which Tenant's obligation to indemnify, defend and hold harmless Landlord may apply and Tenant shall have the right to defend any such claim with counsel of Tenant's choosing. All Improvements made by Tenant Alterations. Such alterations, physical additions, or improvements when made to the Premises by during the Term shall remain the property of Tenant and Tenant shall be surrendered entitled to all depreciation and amortization of costs in connection therewith. Prior to surrender of the Premises to Landlord, Tenant shall remove any Improvements identified by Landlord for removal in the Removal Notice and, at Landlord's request provided at least fifteen (15) days prior to the Expiration Date or earlier termination of the Lease, such other Improvements constructed by Tenant during the Term which were not submitted to Landlord for its prior review. Any damage caused by such removal shall be repaired at Tenant's cost and become expense. Notwithstanding the property preceding to the contrary, Tenant shall have no obligation to remove any Improvements that existed on the Commencement Date, or any Improvements that Tenant installed during the Term and which Landlord did not identify for removal following Landlord's review of the general plans. In the event Tenant so fails to remove any Improvements that Tenant is obligated to remove, Landlord upon termination in any manner of this Lease, but this clause shall not apply to moveable non-attached fixtures or furniture of may have same removed and the Premises so repaired at Tenant's expense. If any mechanic lien is filed against Improvements to the Premises or cause the Building as a result of any act or omission by Tenant, its agents, employees or invitees, Tenant shall cause same to be discharged of record within 10 days after the lien is filed. Landlord shall have no right to make any need for additional alterations or improvements to the Premises without Tenant’s consent unless such alterations or improvements are required by law. In the event that Landlord deems it necessary to make alterations or improvements that are required by law, Landlord shall provide Tenant with written notice as far in advance as possible and work with Tenant to minimize the disruption to Tenant’s business operations. All alterations and improvements made by Landlord shall be at Landlord’s sole cost and expense. Any alterations or improvements to the Premises paid for by Landlord, except office furniture, equipment, personal property and trade fixtures, shall become a any other part of the realty Project or the Premises, including, but without limitation, any system(s) of the Project and/or any other changes to comply with applicable codes, ordinances or other laws (collectively, "Additional Improvements"), the installation of such Additional Improvements shall be subject to the terms and conditions of this subsection (c) and Tenant shall be required to pay the property cost of Landlord, and shall not be removed by Tenantinstalling such Additional Improvements.

Appears in 1 contract

Samples: Lease (Wam Net Inc)

Alterations or Improvements. Tenant may shall not make any interior, non-structural, non-mechanical changes (“Tenant Alterations”) at any time desired by Tenant without Landlord’s consent, provided that Tenant: (i) acquires any legally required permit to do so from appropriate governmental agencies, (ii) furnishes of a copy thereof to Landlord prior to the commencement of the work, (iii) complies with all conditions of the permit in a prompt and expeditious manner, and (iv) the cost of Tenant Alterations in any 12 month period does not exceed $50,000.00; all other alterations to the Premises shall require the prior written consent of Landlord not to be unreasonably withheld. Tenant shall make the Tenant Alterations in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and quality equal to or better than the original construction of the Building and using a contract reasonably approved by Landlord. All Tenant Alterations shall be installed at Tenant’s sole expense. Tenant shall promptly repair any damage to the Premises or the Building caused by any such Tenant Alterations. Such alterations, physical additions, renovations 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 moveable non-attached fixtures or furniture of Tenant. If any mechanic lien is filed against the Premises or the Building as a result of any act or omission by Tenant, its agents, employees or invitees, Tenant shall cause same to be discharged of record within 10 days after the lien is filed. Landlord shall have no right to make any alterations or improvements to the Premises without Tenant’s first obtaining the written consent unless such alterations or improvements are required by law. In the event that Landlord deems it necessary to make alterations or improvements that are required by law, Landlord shall provide Tenant with written notice as far in advance as possible and work with Tenant to minimize the disruption to Tenant’s business operationsof Landlord. All alterations alterations, additions, renovations and improvements which shall be made by Landlord shall be at Landlord’s the sole cost and expense. Any alterations or improvements to the Premises paid for by Landlord, except office furniture, equipment, personal property expense of Tenant and trade fixtures, shall become a part of the realty real property and belong to Landlord and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease, or be removed from the Premises by Tenant at the sole discretion of Landlord. Tenant further agrees to indemnify, defend, and hold Landlord and the property of LandlordPremises free and harmless from, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys' fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant's plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall not provide Landlord within sixty (60) days after receipt from contractor of "As-built documentation", a set of reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of "Equipment Operation and Maintenance Manual" for the Premises at which work was performed. All plan views of the construction project shall be removed by prepared using the most current AutoCAD software available. Copies of all plan drawings shall be submitted to District in AutoCAD drawing format as well as PDF format. Landlord further reserves the right to make any alterations, additions, or improvements to the Premises which, in Landlord's sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with Tenant's use of the Premises.

Appears in 1 contract

Samples: Lease Agreement

Alterations or Improvements. Tenant may shall not make or permit alterations of or upon any interior, non-structural, non-mechanical changes (“Tenant Alterations”) at any time desired by Tenant without Landlord’s consent, provided that Tenant: (i) acquires any legally required permit to do so from appropriate governmental agencies, (ii) furnishes part of a copy thereof to Landlord prior the Leased Premises or additions to the commencement of Leased Premises without first obtaining the work, (iii) complies with all conditions of the permit in a prompt and expeditious manner, and (iv) the cost of Tenant Alterations in any 12 month period does not exceed $50,000.00; all other alterations to the Premises shall require the prior written consent of Landlord not to be unreasonably withheldLandlord. Tenant shall make at its sole expense and cost, ensure that all permitted alterations and additions which are made or necessitated thereby (whether inside or outside the Tenant Alterations Leased Premises) shall be made in accordance with all applicable laws, regulations and building rules, codes, ordinances and regulations in a good and workmanlike manner and in quality equal to or better than the original construction of the Building Leased Premises or Building, and using a contract reasonably approved by Tenant shall comply with such requirements as Landlord considers necessary or desirable. Landlord. All Tenant Alterations 's consent to any such alterations or additions shall be installed at Tenant’s sole expensecreate no responsibility or liability on the part of Landlord for the completeness, design, sufficiency, or compliance with laws, rules, codes, ordinances, or regulations of such alterations or additions or the plans, specifications or working drawings therefor. Tenant shall promptly pay all costs attributable to such alterations and additions and shall promptly repair any damage to the Premises Leased Premises, Building or the Building Common Areas caused by any or resulting from such alterations and additions. Any such alterations and additions shall remain for the benefit of Landlord, provided, however, that Landlord may elect upon fifteen (15) days prior written notice to Tenant Alterations. Such alterationsto require that Tenant, physical additionsat its expense, remove at the expiration or improvements when earlier termination of this Lease all or a portion of the alterations or additions made to the Premises by Tenant and repair any damage caused by such removal. Tenant's obligations under this Section shall be surrendered to Landlord and become survive the property of Landlord upon expiration or earlier termination in any manner of this Lease. Notwithstanding the foregoing, but Tenant shall have the right, without Landlord's consent, and in compliance with all other provisions of this clause shall not apply Section and the Lease, to moveable make any non-attached structural alteration to the Leased Premises, the aggregate cost of which does not exceed Twenty-five Thousand Dollars ($25,000.00) for any such alteration project, provided, however, that Tenant may not exercise this right more than three (3) times during any Lease year and further provided that Tenant shall give Landlord prior written notice of any such alteration, along with copies of all plans and specifications relating thereto. Non-structural alteration shall be defined as any aesthetic alteration which does not affect the structure or systems of the Building or the Leased Premises, such as carpet, paint or wall covering. Tenant shall indemnify and save harmless Landlord from all costs, loss or expense in connection with any construction or installation of any alteration by Tenant under this Section. No person shall be entitled to any lien directly or indirectly derived through or under Tenant or through or by virtue of any act or omission of Tenant upon the Leased Premises for any improvements or fixtures made thereon or furniture installed therein or for or on account of Tenantany labor or material furnished to the Leased Premises or for or on account of any matter or thing whatsoever; and nothing in this Lease contained shall be construed to constitute a consent by Landlord to the creation of any lien. If In the event any mechanic lien is filed against the Premises Leased Premises, or the Building as a result of any act part thereof, for work claimed to have been done for or omission by material claimed to have been furnished to Tenant, its agents, employees or invitees, Tenant shall cause same such lien to be discharged of record within 10 thirty-five (35) days after the lien is filed. Landlord shall have no right to make any alterations filing by bonding or improvements to the Premises without Tenant’s consent unless such alterations as provided or improvements are required by lawlaw or in any other lawful manner. In the event that Tenant shall indemnify and save harmless Landlord deems it necessary to make alterations or improvements that are required by lawfrom all costs, Landlord shall provide Tenant with written notice as far in advance as possible and work with Tenant to minimize the disruption to Tenant’s business operations. All alterations and improvements made by Landlord shall be at Landlord’s sole cost and expense. Any alterations or improvements to the Premises paid for by Landlordlosses, except office furniture, equipment, personal property and trade fixtures, shall become a part of the realty and the property of Landlordexpenses, and shall not be removed by Tenantattorneys' fees in connection with any such lien.

Appears in 1 contract

Samples: Lease Agreement (Software Artistry Inc)

Alterations or Improvements. Tenant may shall not make any interior, non-structural, non-mechanical changes (“Tenant Alterations”) at any time desired by Tenant without Landlord’s consent, provided that Tenant: (i) acquires any legally required permit to do so from appropriate governmental agencies, (ii) furnishes of a copy thereof to Landlord prior to the commencement of the work, (iii) complies with all conditions of the permit in a prompt and expeditious manner, and (iv) the cost of Tenant Alterations in any 12 month period does not exceed $50,000.00; all other alterations to the Premises shall require the prior written consent of Landlord not to be unreasonably withheld. Tenant shall make the Tenant Alterations in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and quality equal to or better than the original construction of the Building and using a contract reasonably approved by Landlord. All Tenant Alterations shall be installed at Tenant’s sole expense. Tenant shall promptly repair any damage to the Premises or the Building caused by any such Tenant Alterations. Such alterations, physical additions, renovations 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 moveable non-attached fixtures or furniture of Tenant. If any mechanic lien is filed against the Premises or the Building as a result of any act or omission by Tenant, its agents, employees or invitees, Tenant shall cause same to be discharged of record within 10 days after the lien is filed. Landlord shall have no right to make any alterations or improvements to the Premises without Tenant’s first obtaining the written consent unless such alterations or improvements are required by law. In the event that Landlord deems it necessary to make alterations or improvements that are required by law, Landlord shall provide Tenant with written notice as far in advance as possible and work with Tenant to minimize the disruption to Tenant’s business operationsof Landlord. All alterations alterations, additions, renovations and improvements which shall be made by Landlord shall be at Landlord’s the sole cost and expense. Any alterations or improvements to the Premises paid for by Landlord, except office furniture, equipment, personal property expense of Tenant and trade fixtures, shall become a part of the realty real property and belong to Landlord and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease, or be removed from the Premises by Tenant at the sole discretion of Landlord. Xxxxxx further agrees to indemnify, defend, and hold Landlord and the property of LandlordPremises free and harmless from, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys' fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant's plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall not provide Landlord within sixty (60) days after receipt from contractor of "As-built documentation", a set of reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of "Equipment Operation and Maintenance Manual" for the Premises at which work was performed. All plan views of the construction project shall be removed by Tenantprepared using the most current AutoCAD software available. Copies of all plan drawings shall be submitted to District in AutoCAD drawing format as well as PDF format. Landlord further reserves the right to make any alterations, additions, or improvements to the Premises which, in Landlord's sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with Xxxxxx's use of the Premises.

Appears in 1 contract

Samples: Lease Agreement

Alterations or Improvements. Tenant may shall not make or permit alterations of or upon any interior, non-structural, non-mechanical changes (“Tenant Alterations”) at any time desired by Tenant without Landlord’s consent, provided that Tenant: (i) acquires any legally required permit to do so from appropriate governmental agencies, (ii) furnishes part of a copy thereof to Landlord prior the Leased Premises or additions to the commencement of Leased Premises without first obtaining the work, (iii) complies with all conditions of the permit in a prompt and expeditious manner, and (iv) the cost of Tenant Alterations in any 12 month period does not exceed $50,000.00; all other alterations to the Premises shall require the prior written consent of Landlord not to be unreasonably withheldLandlord. Tenant shall make at its sole expense and cost, ensure that all permitted alterations and additions which are made or necessitated thereby (whether inside or outside the Tenant Alterations Leased Premises) shall be made in accordance with all applicable laws, regulations and building rules, codes, ordinances and regulations in a good and workmanlike manner and in quality equal to or better than the original construction of the Building Leased Premises or Building, and using a contract reasonably approved by Tenant shall comply with such requirements as Landlord considers necessary or desirable. Landlord. All Tenant Alterations ’s consent to any such alterations or additions shall be installed at Tenant’s sole expensecreate no responsibility or liability on the part of Landlord for the completeness, design, sufficiency, or compliance with laws, rules, codes, ordinances, or regulations of such alterations or additions of the plans, specifications or working drawings therefor. Tenant shall promptly pay all costs attributable to such alterations and additions and shall promptly repair any damage to the Premises Leased Premises, Building or the Building Common Areas caused by any or resulting from such alterations and additions. Any such alterations and additions shall remain for the benefit of Landlord, provided, however, that Landlord may elect upon ninety (90) days prior written notice to Tenant Alterations. Such alterationsto require that Tenant, physical additionsat its expense, remove at the expiration or improvements when earlier termination of this Lease all or a portion of the alterations or additions made to the Premises by Tenant and repair any damage caused by such removal. Tenant’s obligations under this Section shall be surrendered to Landlord and become survive the property of Landlord upon expiration or earlier termination in any manner of this Lease. Tenant shall indemnify and save harmless Landlord from all costs, but loss or expense in connection with any construction or installation. No person shall be entitled to any lien directly or indirectly derived through or under Tenant or through or by virtue of any act or omission of Tenant upon the Leased Premises for any improvements or fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Leased Premises or for or on account of any matter or thing whatsoever; and nothing in this clause Lease contained shall not apply be construed to moveable non-attached fixtures or furniture constitute a consent by Landlord to the creation of Tenantany lien. If In the event any mechanic lien is filed against the Premises Leased Premises, or the Building as a result of any act part thereof, for work claimed to have been done for or omission by material claimed to have been furnished to Tenant, its agents, employees or invitees, Tenant shall cause same such lien to be discharged of record within 10 thirty (30) days after the lien is filed. Landlord shall have no right to make any alterations filing by bonding or improvements to the Premises without Tenant’s consent unless such alterations as provided or improvements are required by lawlaw or in any other lawful manner. In the event that Tenant shall indemnify and save harmless Landlord deems it necessary to make alterations or improvements that are required by lawfrom all costs, Landlord shall provide Tenant with written notice as far in advance as possible and work with Tenant to minimize the disruption to Tenant’s business operations. All alterations and improvements made by Landlord shall be at Landlord’s sole cost and expense. Any alterations or improvements to the Premises paid for by Landlordlosses, except office furniture, equipment, personal property and trade fixtures, shall become a part of the realty and the property of Landlordexpenses, and shall not be removed by Tenantattorneys’ fees in connection with any such lien.

Appears in 1 contract

Samples: Office Lease (Twin Cities Power Holdings, LLC)

Alterations or Improvements. Tenant may shall not make or permit alterations of or upon any interior, non-structural, non-mechanical changes (“Tenant Alterations”) at any time desired by Tenant without Landlord’s consent, provided that Tenant: (i) acquires any legally required permit to do so from appropriate governmental agencies, (ii) furnishes part of a copy thereof to Landlord prior the Leased Premises or additions to the commencement of Leased Premises without first obtaining the work, (iii) complies with all conditions of the permit in a prompt and expeditious manner, and (iv) the cost of Tenant Alterations in any 12 month period does not exceed $50,000.00; all other alterations to the Premises shall require the prior written consent of Landlord Landlord, which consent shall not to be unreasonably withheld. Landlord's consent shall not be required for non-structural alterations costing less than Fifteen Thousand Dollars ($15,000.00), so long as the alterations do not affect the Building systems, Tenant uses contractors approved by Landlord, which approval shall not be unreasonably withheld, Tenant provides Landlord with "as-built" drawings for any modifications and Tenant notifies Landlord prior to making such alterations. As a condition of such approval, Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease, Tenant shall make at its sole expense and cost, ensure that all permitted alterations and additions which are made or necessitated thereby (whether inside or outside the Tenant Alterations Leased Premises) shall be made in accordance with all applicable laws, regulations and building rules, codes, ordinances and regulations in a good and workmanlike manner and in quality equal to or better than the original construction of the Building Leased Premises or Building, and using a contract reasonably approved by Tenant shall comply with such requirements as Landlord considers necessary or desirable. Landlord. All Tenant Alterations 's consent to any such alterations or additions shall be installed at Tenant’s sole expensecreate no responsibility or liability on the part of Landlord for the completeness, design, sufficiency, or compliance with laws, rules, codes, ordinances, or regulations of such alterations or additions or the plans, specifications or working drawings therefor. Tenant shall promptly pay all costs attributable to such alterations and additions and shall promptly repair any damage to the Premises Leased Premises, Building or the Building Common Areas caused by any or resulting from such alterations and additions. only such alterations and additions paid for by Landlord or out of the Allowance shall remain for the benefit of Landlord, provided, however, that Landlord may elect by written notice to Tenant Alterations. Such alterationsto require that Tenant, physical additionsat its expense, remove at the expiration or improvements when earlier termination of this Lease all or a portion of the alterations or additions made to the Premises by Tenant and repair any damage caused by such removal. Tenant's obligations under this Section shall be surrendered to Landlord and become survive the property of Landlord upon expiration or earlier termination in any manner of this Lease. Tenant shall indemnify and save harmless Landlord from all costs, but loss or expense in connection with any construction or installation. No person shall be entitled to any lien directly or indirectly derived through or under Tenant or through or by virtue of any act or omission of Tenant upon the Leased Premises for any improvements or fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Leased Premises or for or on account of any matter or thing whatsoever; and nothing in this clause Lease contained shall not apply be construed to moveable non-attached fixtures or furniture constitute a consent by Landlord to the creation of Tenantany lien. If In the event any mechanic lien is filed against the Premises Leased Premises, or the Building as a result of any act part thereof, for work claimed to have been done for or omission by material claimed to have been furnished to Tenant, its agents, employees or invitees, Tenant shall cause same such lien to be bonded over or discharged of record within 10 thirty (30) days after filing in accordance with the lien is filedprovisions of Article 11 hereof. Tenant shall indemnify and save harmless Landlord shall have no right to make any alterations or improvements to the Premises without Tenant’s consent unless such alterations or improvements are required by law. In the event that Landlord deems it necessary to make alterations or improvements that are required by lawfrom all costs, Landlord shall provide Tenant with written notice as far in advance as possible and work with Tenant to minimize the disruption to Tenant’s business operations. All alterations and improvements made by Landlord shall be at Landlord’s sole cost and expense. Any alterations or improvements to the Premises paid for by Landlordlosses, except office furniture, equipment, personal property and trade fixtures, shall become a part of the realty and the property of Landlordexpenses, and shall not be removed by Tenantattorneys' fees in connection with any such lien.

Appears in 1 contract

Samples: Office Lease (Baldwin Piano & Organ Co /De/)

Alterations or Improvements. Except as shown on Tenant’s Plans, Tenant may shall not make or permit alterations of or upon any interiorpart of the Premises or additions to the Premises (collectively, non-structural, non-mechanical changes (Tenant Alterations”) at any time desired by Tenant without Landlord’s consent, provided that Tenant: (i) acquires any legally required permit to do so from appropriate governmental agencies, (ii) furnishes of a copy thereof to Landlord prior to first obtaining the commencement of the work, (iii) complies with all conditions of the permit in a prompt and expeditious manner, and (iv) the cost of Tenant Alterations in any 12 month period does not exceed $50,000.00; all other alterations to the Premises shall require the prior written consent of Landlord not to be unreasonably withheldLandlord. Tenant shall make the Tenant at its sole expense and cost, ensure that all Alterations shall be made in accordance with all applicable laws, regulations and building rules, codes, ordinances and regulations in a good and workmanlike manner and in quality equal to or better than the original construction of the Building Premises or Building, and using Tenant shall comply with such requirements as Landlord considers necessary or desirable. Before commencement of any Alterations or delivery of any materials unto the Premises or the Building, Tenant shall furnish to Landlord, for its prior written approval, plans and specifications certified by a contract reasonably licensed architect or engineer approved by Landlord, which approval shall not be unreasonably withheld, and such other documentation as Landlord shall reasonably request in connection with the Alterations. All Tenant Landlord’s consent to any such Alterations shall be installed at Tenant’s sole expensecreate no responsibility or liability on the part of Landlord for the completeness, design, sufficiency, or compliance with laws, rules, codes, ordinances, or regulations of such Alterations or the plans, specifications or working drawings therefore. Tenant shall promptly pay all costs attributable to such Alterations (including, without limitation, Landlord’s reasonable costs of reviewing plans and materials submitted to Landlord for approval, which shall not exceed $750.00) and shall promptly repair any damage to the Premises Premises, Building or Common Areas caused by or resulting from such Alterations. Any such Alterations shall remain for the benefit of Landlord, provided, however, that Landlord may elect upon thirty (30) days’ prior written notice to Tenant to require that Tenant, at its expense, remove at the expiration or earlier termination of this Lease all or a portion of the Alterations made by Tenant and repair any damage caused by such removal. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease. If Landlord permits Tenant to perform any Alterations, then in addition to the requirements set forth above in this Section 7.3, the following shall apply: (i) prior to the commencement of the Alterations or the Building caused delivery of any materials to the Building, Tenant shall submit to Landlord, for Landlord’s approval, copies of the contracts, names, and addresses of all contractors, necessary permits and licenses, certificates of insurance (including, without limitation, Workmen’s Compensation and comprehensive general liability) and instruments of indemnification and waivers of lien against any and all claims, costs, expenses, damages and liabilities which may arise in connection with the Alterations, all in such form and amount as shall be reasonably satisfactory to Landlord; (ii) all such Alterations shall be done only by contractors or mechanics approved by Landlord (which approval shall not be unreasonably withheld) and at such time and in such manner as Landlord may from time to time reasonably designate; (iii) upon completion of any Alterations, Tenant shall furnish Landlord with contractors’ affidavits, full and final waivers of lien, receipted bills covering all labor and materials expended and used in connection with such Alterations; and (iv) all such Alterations shall comply with all insurance requirements and all laws, ordinances, rules and regulations of all governmental authorities, and shall be done in a good and workmanlike manner and with the use of good grades of materials. Tenant shall indemnify and save harmless Landlord from all costs, loss or expense in connection with Alterations. Such alterations, physical additions, No person shall be entitled to any lien directly or indirectly derived through or under Tenant or through or by virtue of any act or omission of Tenant upon the Premises for any improvements when or fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Premises by Tenant or for or on account of any matter or thing whatsoever; and nothing in this Lease contained shall be surrendered construed to constitute a consent by Landlord and become to the property creation of Landlord upon termination in any manner of this Lease, but this clause shall not apply to moveable non-attached fixtures or furniture of Tenantlien. If In the event any mechanic lien is filed against the Premises Premises, or the Building as a result of any act part thereof, for work claimed to have been done for or omission by material claimed to have been furnished to Tenant, its agents, employees or invitees, Tenant shall cause same such lien to be discharged of record within 10 twenty (20) days after the lien is filed. Landlord shall have no right to make any alterations filing by bonding or improvements to the Premises without Tenant’s consent unless such alterations as provided or improvements are required by lawlaw or in any other lawful manner. In the event that Tenant shall indemnify and save harmless Landlord deems it necessary to make alterations or improvements that are required by lawfrom all costs, Landlord shall provide Tenant with written notice as far in advance as possible and work with Tenant to minimize the disruption to Tenant’s business operations. All alterations and improvements made by Landlord shall be at Landlord’s sole cost and expense. Any alterations or improvements to the Premises paid for by Landlordlosses, except office furniture, equipment, personal property and trade fixtures, shall become a part of the realty and the property of Landlordexpenses, and shall not be removed by Tenantattorneys, fees in connection with any such lien.

Appears in 1 contract

Samples: Lease (First Indiana Corp)

Alterations or Improvements. Tenant may make any interiornot make, non-structural, non-mechanical changes (“Tenant Alterations”) at any time desired by Tenant without Landlord’s consent, provided that Tenant: (i) acquires any legally required or permit to do so from appropriate governmental agenciesbe made, (ii) furnishes of a copy thereof to Landlord prior to the commencement of the work, (iii) complies with all conditions of the permit in a prompt and expeditious manner, and (iv) the cost of Tenant Alterations in any 12 month period does not exceed $50,000.00; all other alterations to the Leased Premises shall require without the prior written consent of Landlord in each instance, which consent shall not to be unreasonably withheld, conditioned or delayed. If Landlord allows Tenant to make any such alterations, Tenant shall make the Tenant Alterations same in accordance with all applicable laws, regulations laws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building and using a contract shall comply with such requirements as Landlord reasonably approved considers necessary or desirable, including without limitation, requirements as to the manner in which and the times at which such work shall be done and the contractor or subcontractors to be selected to perform such work. Tenant's alterations shall be non-structural and shall be made only to the interior of the Leased Premises, and said alterations shall not affect utility services or plumbing or electrical lines in or to the Leased Premises. Before making any alterations, Tenant shall, at its expense (a) provide Landlord with lien waivers from each contractor, subcontractor, materialman and laborer for all work, labor and services to be performed and materials to be furnished in connection with such work, and (b) obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and promptly deliver duplicates of all such permits, approvals and certificates to Landlord. All Upon completion of such construction, Tenant Alterations shall be installed at Tenant’s sole expenseobtain certificates of final approvals and shall promptly deliver duplicates of the same to Landlord. In addition, Tenant shall provide Landlord with evidence of insurance coverage for such alterations and detailed plans, reasonably satisfactory to Landlord, prior to construction of such improvements. Tenant shall promptly pay all costs attributable to such alterations. Tenant shall promptly repair any damage to the Leased Premises or the Building caused by any such alterations. Any such alterations and additions shall remain for the benefit of Landlord, provided, however, that Landlord may elect upon fifteen (15) days prior written notice to Tenant Alterations. Such alterationsto require that Tenant, physical additionsat its expense, remove at the expiration or improvements when earlier termination of this Lease all or a portion of the alterations or additions made to the Premises by Tenant and repair any damage caused by such removal. Tenant's obligations under this Section shall be surrendered to Landlord and become survive the property of Landlord upon expiration or earlier termination in any manner of this Lease, but this clause shall not apply to moveable non-attached fixtures or furniture of Tenant. If any mechanic lien is filed against Notwithstanding the Premises or the Building as a result of any act or omission by Tenant, its agents, employees or inviteesforegoing, Tenant shall cause same have the right, without Landlord's consent, and in compliance with all other provisions of this Section, to be discharged of record within 10 days after the lien is filed. Landlord shall have no right to (i) recarpet, (ii) paint or (iii) make any alterations or improvements non-structural alteration to the Premises without Tenant’s consent unless Leased Premises, the aggregate cost of which does not exceed Ten Thousand Dollars ($10,000.00) for any such alterations or improvements are required by law. In the event alteration project, provided, however, that Tenant may not exercise this right more than four (4) times during any Lease year and further provided that Tenant shall give Landlord deems it necessary to make alterations or improvements that are required by law, Landlord shall provide Tenant with prior written notice as far in advance as possible of any such alteration, along with copies of all plans and work with Tenant to minimize the disruption to Tenant’s business operations. All alterations and improvements made by Landlord shall be at Landlord’s sole cost and expense. Any alterations or improvements to the Premises paid for by Landlord, except office furniture, equipment, personal property and trade fixtures, shall become a part of the realty and the property of Landlord, and shall not be removed by Tenantspecifications relating thereto.

Appears in 1 contract

Samples: NHP Inc

Alterations or Improvements. Provided that any additions, improvements or alterations of non-structural components of the Premises permitted under this Section 6.4 does exceed $10,000 on a per project basis. Tenant may make any interiorsuch additions, improvements or alterations of non-structural, structural components of the Premises without the advance written approval of the Landlord. With regard to all other improvements and alterations of non-mechanical changes (“Tenant Alterations”) at any time desired by Tenant without Landlord’s consent, provided that Tenant: (i) acquires any legally required permit to do so from appropriate governmental agencies, (ii) furnishes of a copy thereof to Landlord prior to the commencement structural components of the workPremises in excess of $10,000, (iii) complies with all conditions of the permit in a prompt and expeditious mannerTenant hereby agrees to make no additions, and (iv) the cost of Tenant Alterations in improvements or alterations, nor attach or affix any 12 month period does not exceed $50,000.00; all other alterations equipment or fixtures to the Premises shall require or Building without, in each instance, having obtained the prior written consent of Landlord to Tenant's plans and specifications, (which response shall not be unreasonably, withheld or delayed) and also obtaining prior to the commencement of any work, any building permit(s) and approvals which may be unreasonably withheldrequired by any governmental authority. Tenant shall make the Tenant Alterations said improvements or alterations in accordance with all applicable laws, insurance regulations and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building Premises and using a contract shall comply with such requirements as Landlord considers reasonably approved by Landlord. All Tenant Alterations necessary or desirable, including, without limitation, requirements as to the manner in which and the times at which such work shall be installed at Tenant’s sole expensedone. No material modifications or additions to any previously approved plans and specifications shall be made without Landlord's prior written consent, which response shall not be unreasonably withheld or delayed. Tenant further agrees to promptly deliver to Landlord "as built" plans and specifications subsequent to the completion of any such alterations or improvements. Tenant shall promptly repair pay all costs attributable to any damage alterations and improvements performed by or on behalf of Tenant, and shall indemnify Landlord against claims asserted as a result thereof, and against any costs or expense which may be incurred as a result of building code violations attributable to the Premises or the Building caused by any such Tenant Alterationswork. Such alterations, physical All additions, decorations, fixtures and equipment (except Tenant's trade fixtures) and improvements in or improvements when made upon the Premises, shall, unless Landlord elects to the Premises by Tenant shall be surrendered to Landlord and require their removal, become the property of Landlord and shall remain upon the Premises at the termination in any manner of this Lease, but this clause shall not apply without compensation, allowance or credit to moveable non-attached fixtures or furniture of Tenant. If any mechanic lien is filed against If, upon Landlord's demand, Tenant does not remove said improvements, Landlord may remove the same at Tenant's expense, including the cost of restoring the Premises or the Building as a result of any act or omission by Tenant, to its agents, employees or invitees, Tenant shall cause same to be discharged of record within 10 days after the lien is filed. Landlord shall have no right to make any alterations or improvements to the Premises without Tenant’s consent unless such alterations or improvements are required by law. In the event that Landlord deems it necessary to make alterations or improvements that are required by law, Landlord shall provide Tenant with written notice as far in advance as possible and work with Tenant to minimize the disruption to Tenant’s business operations. All alterations and improvements made by Landlord shall be at Landlord’s sole cost and expense. Any alterations or improvements to the Premises paid for by Landlord, except office furniture, equipment, personal property and trade fixtures, shall become a part of the realty and the property of Landlord, and shall not be removed by Tenantoriginal condition.

Appears in 1 contract

Samples: Lease Agreement (Erico Products Inc)

Alterations or Improvements. Tenant may shall not make or permit alterations of or upon any interior, non-structural, non-mechanical changes (“Tenant Alterations”) at any time desired by Tenant without Landlord’s consent, provided that Tenant: (i) acquires any legally required permit to do so from appropriate governmental agencies, (ii) furnishes part of a copy thereof to Landlord prior the Leased Premises or additions to the commencement of Leased Premises without first obtaining the work, (iii) complies with all conditions of the permit in a prompt and expeditious manner, and (iv) the cost of Tenant Alterations in any 12 month period does not exceed $50,000.00; all other alterations to the Premises shall require the prior written consent of Landlord not to be unreasonably withheldLandlord. Tenant shall make at its sole expense and cost, ensure that all permitted alterations and additions which are made or necessitated thereby (whether inside or outside the Tenant Alterations Leased Premises) shall be made in accordance with all applicable laws, regulations and building rules, codes, ordinances and regulations in a good and workmanlike manner and in quality equal to or better than the original construction of the Building Leased Premises or Building, and using a contract reasonably approved by Tenant shall comply with such requirements as Landlord considers necessary or desirable. Landlord. All Tenant Alterations 's consent to any such alterations or additions shall be installed at Tenant’s sole expensecreate no responsibility or liability on the part of Landlord for the completeness, design, sufficiency, or compliance with laws, rules, codes, ordinances, or regulations of such alterations or additions of the plans, specifications or working drawings therefor. Tenant shall promptly pay all costs attributable to such alterations and additions and shall promptly repair any damage to the Premises Leased Premises, Building or the Building Common Areas caused by any or resulting from such alterations and additions. Any such alterations and additions shall remain for the benefit of Landlord, provided, however, that Landlord may elect upon ninety (90) days prior written notice to Tenant Alterations. Such alterationsto require that Tenant, physical additionsat its expense, remove at the expiration or improvements when earlier termination of this Lease all or a portion of the alterations or additions made to the Premises by Tenant and repair any damage caused by such removal. Tenant's obligations under this Section shall be surrendered to Landlord and become survive the property of Landlord upon expiration or earlier termination in any manner of this Lease. Tenant shall indemnify and save harmless Landlord from all costs, but loss or expense in connection with any construction or installation. No person shall be entitled to any lien directly or indirectly derived through or under Tenant or through or by virtue of any act or omission of Tenant upon the Leased Premises for any improvements or fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Leased Premises or for or on account of any matter or thing whatsoever; and nothing in this clause Lease contained shall not apply be construed to moveable non-attached fixtures or furniture constitute a consent by Landlord to the creation of Tenantany lien. If In the event any mechanic lien is filed against the Premises Leased Premises, or the Building as a result of any act part thereof, for work claimed to have been done for or omission by material claimed to have been furnished to Tenant, its agents, employees or invitees, Tenant shall cause same such lien to be discharged of record within 10 thirty (30) days after the lien is filed. Landlord shall have no right to make any alterations filing by bonding or improvements to the Premises without Tenant’s consent unless such alterations as provided or improvements are required by lawlaw or in any other lawful manner. In the event that Tenant shall indemnify and save harmless Landlord deems it necessary to make alterations or improvements that are required by lawfrom all costs, Landlord shall provide Tenant with written notice as far in advance as possible and work with Tenant to minimize the disruption to Tenant’s business operations. All alterations and improvements made by Landlord shall be at Landlord’s sole cost and expense. Any alterations or improvements to the Premises paid for by Landlordlosses, except office furniture, equipment, personal property and trade fixtures, shall become a part of the realty and the property of Landlordexpenses, and shall not be removed by Tenantattorneys' fees in connection with any such lien.

Appears in 1 contract

Samples: Office Lease (Twin Cities Power Holdings, LLC)

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Alterations or Improvements. Tenant may Sublessee shall not make any interioralterations, non-structural, non-mechanical changes (“Tenant Alterations”) at any time desired by Tenant without Landlord’s consent, provided that Tenant: (i) acquires any legally required permit to do so from appropriate governmental agencies, (ii) furnishes of a copy thereof to Landlord prior additions or improvements in or to the commencement of Subleased Premises without first obtaining the work, (iii) complies with all conditions of the permit in a prompt and expeditious manner, and (iv) the cost of Tenant Alterations in any 12 month period does not exceed $50,000.00; all other alterations to the Premises shall require the prior written consent of Sublessors, as well as Landlord not to as required by the Lease, which consent shall be unreasonably withheld. Tenant shall make in the Tenant Alterations in accordance with all applicable laws, regulations discretion of Sublessors and building codes, in a good and workmanlike manner and quality equal to or better than the original construction of the Building and using a contract reasonably approved by Landlord. All Tenant Alterations pre-approved alterations, additions and improvements shall be installed at Tenant’s sole expense. Tenant shall promptly repair any damage to the Premises or the Building caused by any such Tenant Alterations. Such alterations, physical additions, or improvements when made to the Premises by Tenant shall be surrendered to Landlord at the sole cost and expense of Sublessee and shall become the property of Landlord upon termination in any manner and be surrendered with the Subleased Premises at the expiration of the term of this LeaseSublease, but unless the Landlord has directed, as a condition of the approval of Sublessee's proposed work, that such alterations, additions and improvements be removed and the Subleased Premises be restored to its condition immediately prior to the performance of such alteration, addition or improvement (reasonable wear and tear and damage caused by casualty excepted) upon the conclusion of Sublessee's occupancy; in such event, the Sublessee shall promptly restore the Subleased Premises at Sublessee's sole cost. The foregoing notwithstanding, all non-attached, moveable (1) articles of personal property; (2) all business, scientific research and trade fixtures; (3) machinery and equipment; (4) cabinetwork; and (5) furniture and movable partitions installed by Sublessee at Sublessee's expense shall remain the property of Sublessee and may be removed by Sublessee upon the termination of this clause Sublease and vacation of the Subleased Premises. Sublessee shall not apply permit any material men's or mechanic's liens to moveable non-attached fixtures or furniture of Tenant. If any mechanic lien is be filed against the Premises or the Building as a result of any act or omission by Tenant, its agents, employees or invitees, Tenant shall cause same to be discharged of record within 10 days after the lien is filed. Landlord shall have no right to make in connection with any alterations or improvements installed in the Subleased Premises by or on behalf of Sublessee. Sublessee shall, within 30 days after notice, discharge any such lien of record, or, if Sublessee elects to contest such lien, bond off the Premises without Tenant’s consent unless such alterations or improvements are required lien and contest by law. In the event that Landlord deems it necessary to make alterations or improvements that are required by law, Landlord shall provide Tenant with written notice as far in advance as possible and work with Tenant to minimize the disruption to Tenant’s business operations. All alterations and improvements made by Landlord shall be at Landlord’s sole cost and expense. Any alterations or improvements to the Premises paid for by Landlord, except office furniture, equipment, personal property and trade fixtures, shall become a part of the realty and the property of Landlord, and shall not be removed by Tenantappropriate proceedings.

Appears in 1 contract

Samples: Sublease (Loudeye Corp)

Alterations or Improvements. Tenant may make any interiorLicensee may, non-structural, non-mechanical changes (“Tenant Alterations”) at any time desired by Tenant without Landlord’s consentduring the Term, provided that Tenant: (i) acquires any legally required permit to do so from appropriate governmental agenciesat its cost, (ii) furnishes of a copy thereof to Landlord prior to the commencement of the workmake alterations, (iii) complies with all conditions of the permit in a prompt and expeditious manner, and (iv) the cost of Tenant Alterations in any 12 month period does not exceed $50,000.00; all other alterations improvements or additions to the Premises shall require (collectively "Alteration" or "Alterations") with the prior written consent of Landlord Licensor, which consent shall not to be unreasonably withheldwithheld or delayed. Tenant Licensor expressly reserves the right to exclude from the Building any person, firm or corporation attempting to perform any work or act as construction contractor or manager without Licensor's prior written consent. Licensor shall make have, at its option, the Tenant Alterations right to enter the Premises to inspect and to insure that the work is being or has been performed in accordance compliance with the plans and specifications approved by Licensor. Licensee shall be obligated at the License Termination to remove any Alterations. All Alterations: (i) shall be made at Licensee's own cost and expense and at such times and in such manner as Licensor may from time to time designate; (ii) shall comply with all applicable laws, regulations Legal Requirements; (iii) shall be made promptly and building codes, in a good and workmanlike manner using Building standard or higher quality materials; and quality equal (iv) shall not affect the appearance of the Building, or be visible from the exterior of the Building, it being Licensor's intention to or better than keep the original construction exterior appearance of the Building and using a contract reasonably approved by Landlord. All Tenant Alterations shall be installed at Tenant’s sole expense. Tenant shall promptly repair any damage to the Premises or the Building caused by any such Tenant Alterations. Such alterationsuniform (and, physical additionsin pursuance thereof, 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 moveable non-attached fixtures or furniture of Tenant. If any mechanic lien is filed against the Premises or the Building as a result of any act or omission by Tenant, its agents, employees or invitees, Tenant shall cause same to be discharged of record within 10 days after the lien is filed. Landlord Licensor shall have no the right to make any alterations or improvements to approve the Premises without Tenant’s consent unless appearance of all such alterations or improvements are required by lawAlterations, including ceiling heights, blinds, lighting, signs and other decorations). In the event that Landlord deems it necessary Licensor submits the plans and specifications referred to make alterations above to Licensor's architects and/or engineers for review, Licensee shall reimburse Licensor as additional License Fee for Licensor's reasonable, actual out-of-pocket expenses incurred with respect to review by bona fide third parties in connection with such review within thirty (30) days after written notice to Licensee of the amount of such expense. Before construction. Prior to commencing the performance of any Alterations, Licensee shall furnish to Licensor: (i) plans and specifications (to be prepared by a licensed architect or improvements engineer engaged by Licensee, at its sole cost and expense), in sufficient detail to be accepted for filing with appropriate governmental agencies. Licensee shall not commence the performance thereof, unless and until Licensor has given written consent to said plans and specifications; (ii) a certificate evidencing that are Licensee (or Licensee's contractors) has (have) procured and paid for worker's compensation insurance, as required by law, Landlord shall provide Tenant covering all persons employed in connection with written notice the work who might assert claims for death or bodily injury against Licensor, Licensee, the Land and/or the Building; (iii) such additional personal injury and property damage insurance (over and above the insurance required to be carried by Licensee pursuant to the provisions of Section 22 below), and builder's risk, fire and other casualty insurance, as far Licensor may reasonably require in advance as possible connection with the work to be done for Licensee, provided that the same is commercially reasonable and work consistent with Tenant that required by Licensors of comparable buildings; (iv) at Licensee's expense, all permits, approvals and certificates required by any governmental body; and (v) if Licensor so requests, a surety company performance bond in form and substance satisfactory to minimize the disruption to Tenant’s business operations. All alterations and improvements made by Landlord shall be Licensor (procured at Landlord’s sole Licensee's own cost and expense. Any alterations ), issued by a surety company acceptable to Licensor, or improvements other security satisfactory to the Premises paid for by LandlordLicensor, except office furniturein an amount equal to, equipment, personal property and trade fixtures, shall become a part at least one hundred (100) percent of the realty estimated cost of such Alterations, guaranteeing to Licensor the completion thereof and the property payment within a reasonable time, free and clear of Landlordall liens, encumbrances, chattel mortgages, security interests, conditional bills of sale and other charges, and shall not be removed in accordance with the plans and specifications approved by TenantLicensor.

Appears in 1 contract

Samples: Office Space License Agreement (Red Cat Holdings, Inc.)

Alterations or Improvements. Tenant may shall not make any interior, non-structural, non-mechanical changes (“Tenant Alterations”) at any time desired by Tenant without Landlord’s consent, provided that Tenant: (i) acquires any legally required permit to do so from appropriate governmental agencies, (ii) furnishes of a copy thereof to Landlord prior to the commencement of the work, (iii) complies with all conditions of the permit in a prompt and expeditious manner, and (iv) the cost of Tenant Alterations in any 12 month period does not exceed $50,000.00; all other alterations to the Premises shall require the prior written consent of Landlord not to be unreasonably withheld. Tenant shall make the Tenant Alterations in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and quality equal to or better than the original construction of the Building and using a contract reasonably approved by Landlord. All Tenant Alterations shall be installed at Tenant’s sole expense. Tenant shall promptly repair any damage to the Premises or the Building caused by any such Tenant Alterations. Such alterations, physical additions, renovations 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 moveable non-attached fixtures or furniture of Tenant. If any mechanic lien is filed against the Premises or the Building as a result of any act or omission by Tenant, its agents, employees or invitees, Tenant shall cause same to be discharged of record within 10 days after the lien is filed. Landlord shall have no right to make any alterations or improvements to the Premises without Tenant’s first obtaining the written consent unless such alterations or improvements are required by law. In the event that Landlord deems it necessary to make alterations or improvements that are required by law, Landlord shall provide Tenant with written notice as far in advance as possible and work with Tenant to minimize the disruption to Tenant’s business operationsof Landlord. All alterations alterations, additions, renovations and improvements which shall be made by Landlord shall be at Landlord’s the sole cost and expense. Any alterations or improvements to the Premises paid for by Landlord, except office furniture, equipment, personal property expense of Tenant and trade fixtures, shall become a part of the realty real property and belong to Landlord and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease, or be removed from the Premises by Tenant at the sole discretion of Landlord. Xxxxxx further agrees to indemnify, defend, and hold Landlord and the property of LandlordPremises free and harmless from, and against, any and all damages, injuries, losses, liens, costs or expenses (including attorneys' fees) incurred, claimed or arising out of said work. Landlord reserves the right to review and approve Tenant's plans, specifications and contractor and, further, Landlord reserves the right to impose such restrictions or conditions upon its consent to the above work, including the requirement that Tenant appropriately bond the same, as Landlord may deem reasonably appropriate. Tenant shall not provide Landlord within sixty (60) days after receipt from contractor of "As- built documentation", a set of reproducible copies of record drawings and other data showing the construction project. Tenant shall also furnish to Landlord one preliminary review copy and three finished copies of "Equipment Operation and Maintenance Manual" for the Premises at which work was performed. All plan views of the construction project shall be removed by Tenantprepared using the most current AutoCAD software available. Copies of all plan drawings shall be submitted to District in AutoCAD drawing format as well as PDF format. Landlord further reserves the right to make any alterations, additions, or improvements to the Premises which, in Landlord's sole discretion, are necessary or appropriate for the Premises, provided that Landlord will avoid to the extent reasonably possible interfering with Xxxxxx's use of the Premises.

Appears in 1 contract

Samples: Lease Agreement

Alterations or Improvements. Tenant may make any interiorshall not make, non-structural, non-mechanical changes (“Tenant Alterations”) at any time desired by Tenant without Landlord’s consent, provided that Tenant: (i) acquires any legally required nor permit to do so from appropriate governmental agenciesbe made, (ii) furnishes of a copy thereof to Landlord prior alterations or Improvements to the commencement of the workPremises, (iii) complies with all conditions of the Tenant snail not make. nor permit in a prompt and expeditious manner, and (iv) the cost of to be made. alterations or improvements to Me Premises. unless Tenant Alterations in any 12 month period does not exceed $50,000.00; all other alterations to the Premises shall require obtains the prior written consent of Of Landlord not Xxxxxx XX Landlord permits Tenant to be unreasonably withheldmake any Such alterations or Improvements. Tenant shall shad make the Tenant Alterations in same In accordance with all applicable laws, regulations laws and building codes, . in a good and workmanlike manner and in quality equal to or better than Man the original construction of the Building and using a contract reasonably approved shall comply with such requirements as Landlord considers necessary or desirable, including without limitation the provision by Landlord. All Tenant Alterations to Landlord with security for the payment of all costs to be incurred in connection with such work, requirements as to the manner in which and the times at which such work shall be installed at Tenant’s sole expensedone and the contractor or subcontractors to be selected to perform such work and the posting and re-posting of notices of Landlord's non-responsibility for mechanics' liens. Tenant shall promptly pay all costs attributable to such alterations and improvements and shall indemnify. defend and hold harmless Landlord from and against any mechanic's liens or other liens or Claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of holding code violations attributable to such work. Tenant shall promptly repair any damage to the Premises or the Building caused by any such Tenant Alterations. Such alterations, physical 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 moveable non-attached fixtures or furniture of Tenant. If any mechanic lien is filed against the Premises or the Building as a result of any act or omission by Tenant, its agents, employees or invitees, Tenant shall cause same to be discharged of record within 10 days after the lien is filed. Landlord shall have no right to make any alterations or improvements to the Premises without Tenant’s consent unless such alterations or improvements are required by law. In the event that Landlord deems it necessary to make alterations or improvements that are required by law, Landlord shall provide Tenant with written notice as far in advance as possible and work with Tenant to minimize the disruption to Tenant’s business operations. All alterations and improvements made by Landlord shall be at Landlord’s sole cost and expenseimprovements. Any alterations or improvements to the Premises paid for by Landlord, Premises. except movable office furniture, equipment, personal property furniture and equipment and trade fixtures, shall at Landlord's election, either (i) become a part of the realty and the property of Landlord, . and shall not be removed by Tenant, or (ii) be removed by Tenant upon the expiration or sooner termination hereof and any damage caused thereby repairs at Tenant's cost and expense. In the event Tenant so fails to remove same, Landlord may xxxx same removed and the Premise so repaired at Tenant's expense. At Landlord's election, Landlord and Landlord's architect. engineers or contractor's shall have the right to supervise all construction operations within the Premises, and Tenant shall promptly pay Landlord the cost of such supervision.

Appears in 1 contract

Samples: Early Detect

Alterations or Improvements. Tenant Except as noted in the following sentence, Lessee may make any interior, non-structural, non-mechanical changes (“Tenant Alterations”) at any time desired by Tenant without Landlord’s consent, provided that Tenant: (i) acquires any legally required permit to do so from appropriate governmental agencies, (ii) furnishes of a copy thereof to Landlord prior to the commencement of the work, (iii) complies with all conditions of the permit in a prompt and expeditious manner, and (iv) the cost of Tenant Alterations in any 12 month period does not exceed $50,000.00; all other no alterations to the Leased Premises, but may request in writing that Lessor make alterations or improvements to the Leased Premises. Notwithstanding the foregoing sentence, Lessee may, in consultation with Lessor and upon Lessor’s approval, make such alterations or improvements to the Leased Premises as are necessary to enable Lessee to use the Leased Premises for the Permitted Use. Lessee shall require pay all costs with regard to such alterations or improvements. Any alterations or improvements approved by Lessor will be performed by the prior written consent of Landlord not to be unreasonably withheld. Tenant shall make the Tenant Alterations Lessor or by a contractor selected by Lessor, in consultation with Lessee, in accordance with its Office of Procurement procedures. Any such alterations or improvements shall become the property of Lessor upon the expiration or termination of this Agreement. At the written request of Lessor upon the expiration or termination of this Agreement, Lessee shall pay to remove any alterations or improvements and restore the Leased Premises to its original condition, normal wear and tear excepted. Lessee hereby expressly acknowledges and agrees that no alterations, additions, repairs or improvements to the Leased Premises of any kind are required or contemplated to be performed as a prerequisite to the execution of this Agreement and the effectiveness thereof according to its terms. Lessee acknowledges that, to its knowledge, the Leased Premises are complete and usable for the purposes set forth in this Agreement and that this Agreement is in no way conditional on Lessee making or being able to make alterations, additions, repairs or improvements to the Leased Premises. All trade fixtures and equipment installed by Lessee in the Leased Premises shall be new or in good working condition and shall remain the property of Lessee. Lessee shall have the right, at the termination of this Agreement, to remove any and all applicable lawstrade fixtures, regulations equipment and building codes, in other items of personal property not constituting a good and workmanlike manner and quality equal to or better than the original construction part of the Building and using Leased Premises, which it may have stored or installed in the Leased Premises, which are susceptible of being moved without damage to the Leased Premises; provided this right is exercised before this Agreement expires or during the ten (10) day period immediately following such termination; provided Lessee pays Lessor the prorated amount on a contract reasonably approved by Landlordper diem basis for each day beyond Lessee’s scheduled termination date that such items are being removed. All Tenant Alterations Lessee, at no cost to Lessor, shall be installed at Tenant’s sole expense. Tenant shall promptly repair any damage to the Leased Premises or the Building caused by any such Tenant Alterations. Such alterations, physical additions, or improvements when made to the Premises by Tenant shall be surrendered to Landlord and become the property Lessee’s removal of Landlord upon termination in any manner of this Lease, but this clause shall not apply to moveable non-attached fixtures or furniture of Tenant. If any mechanic lien is filed against the Premises or the Building as a result of any act or omission by Tenant, its agents, employees or invitees, Tenant shall cause same to be discharged of record within 10 days after the lien is filed. Landlord shall have no right to make any alterations or improvements to the Premises without Tenant’s consent unless such alterations or improvements are required by law. In the event that Landlord deems it necessary to make alterations or improvements that are required by law, Landlord shall provide Tenant with written notice as far in advance as possible and work with Tenant to minimize the disruption to Tenant’s business operations. All alterations and improvements made by Landlord shall be at Landlord’s sole cost and expense. Any alterations or improvements to the Premises paid for by Landlord, except office furniture, equipment, personal property and trade fixtures, equipment and other items of personal property. The right granted to Lessee in this Section shall become not include the right to remove any plumbing or electrical fixtures or equipment, heating or air conditioning equipment, floor-coverings (including wall-to-wall carpeting) glued or fastened to the floors or any paneling, tile or other materials fastened or attached to the walls ceilings, all of which shall be deemed to constitute a part of the realty and the property of LandlordLeased Premises, and as a matter of course, shall not be removed include the right to remove any furniture, fixtures or machinery that were furnished or paid for by TenantLessor.

Appears in 1 contract

Samples: Lease Agreement (Talaris Therapeutics, Inc.)

Alterations or Improvements. During the Term, Tenant may shall have the right to make any interiorsuch alterations, non-structural, non-mechanical changes additions or improvements to the Premises (“Tenant Alterations”"Improvements") at any time desired as deemed necessary or desirable by Tenant without Landlord’s consentTenant, provided that Tenant: such Improvements are constructed in accordance with the terms and conditions of this subsection (d); provided, however, Tenant shall not make any Improvements of a structural nature without obtaining Landlord's prior written consent. At the time Tenant desires to make any Improvements with a cost in excess of Ten Thousand and no/100 Dollars ($10,000.00), Tenant shall submit (i) acquires any legally required permit a general plan or layout to do so from appropriate governmental agencies, Landlord for Landlord's review; (ii) furnishes an indication of a copy thereof any Structural Improvements which require Landlord's consent; and (iii) an express written notice that Landlord must notify Tenant within twenty (20) days if Landlord will require Tenant to Landlord remove such Improvements prior to the commencement Expiration Date. Within fifteen (15) days following receipt of the worksuch plan and notice, (iii) complies with all conditions of the permit Landlord shall notify Tenant in a prompt and expeditious mannerwriting if Landlord objects to any such Improvements, and (iv) the cost of in which case Tenant Alterations in any 12 month period does may not exceed $50,000.00; all other alterations proceed, and/or if Landlord will require Tenant to remove such Improvements prior to the Premises shall require the prior written consent of Landlord not to be unreasonably withheldExpiration Date ("Removal Notice"). Tenant shall not have the right to make any Improvements to or on the Tenant Alterations common areas of the Project. All Improvements shall be made in accordance compliance with all applicable laws, regulations laws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building Premises. Tenant shall promptly pay all costs attributable to such Improvements and using shall indemnify, defend and hold harmless Landlord from and against any mechanic's liens or other liens or claims filed or asserted as a contract reasonably approved by Landlord. All Tenant Alterations shall result thereof and against any costs or expenses which may be installed at Tenant’s sole expenseincurred as a result of building code violations attributable to such work. Tenant shall promptly repair any damage to the Premises or the Building Project caused by during the construction of such Improvements. Landlord shall give proper notice to Tenant of any possible claim with respect to which Tenant's obligation to indemnify, defend and hold harmless Landlord may apply and Tenant shall have the right to defend any such claim with counsel of Tenant's choosing reasonably acceptable to Landlord. All Improvements made by Tenant Alterations. Such alterations, physical additions, or improvements when made to the Premises by during the Term shall remain the property of Tenant and Tenant shall be surrendered entitled to Landlord all depreciation and become the amortization of costs in connection therewith. All property taxes attributable to such Improvements will be paid by Tenant and not included in Building Expenses. Prior to surrender of Landlord upon termination in any manner of this Lease, but this clause shall not apply to moveable non-attached fixtures or furniture of Tenant. If any mechanic lien is filed against the Premises or the Building as a result of any act or omission by Tenant, its agents, employees or inviteesto Landlord, Tenant shall cause same remove any Improvements identified by Landlord for removal in the Removal Notice and, at Landlord's request provided at least fifteen (15) days prior to the Expiration Date or earlier termination of the Lease, such other Improvements constructed by Tenant during the Term which were not submitted to Landlord for its prior review. Any damage caused by such removal shall be discharged of record within 10 days after repaired at Tenant's cost and expense. Notwithstanding the lien is filed. Landlord preceding to the contrary, Tenant shall have no right obligation to make remove any alterations Improvements that existed on the Commencement Date, or improvements to any Improvements that Tenant installed during the Premises without Tenant’s consent unless such alterations or improvements are required by lawTerm and which Landlord did not identify for removal following Landlord's review of the general plans. In the event Tenant so fails to remove any Improvements that Landlord deems it necessary Tenant is obligated to make alterations or improvements that are required by lawremove, Landlord shall provide Tenant with written notice as far in advance as possible may have same removed and work with Tenant to minimize the disruption to Tenant’s business operations. All alterations and improvements made by Landlord shall be at Landlord’s sole cost and expense. Any alterations or improvements to the Premises paid for by Landlord, except office furniture, equipment, personal property and trade fixtures, shall become a part of the realty and the property of Landlord, and shall not be removed by so repaired at Tenant's expense.

Appears in 1 contract

Samples: Building Lease Agreement (Cray Inc)

Alterations or Improvements. Tenant may make any interior, non-structural, non-mechanical changes (“Tenant Alterations”) at any time desired by Tenant without Landlord’s consent, provided that Tenant: (i) acquires any legally required permit to do so from appropriate governmental agencies, (ii) furnishes of a copy thereof to Landlord prior to the commencement of the work, (iii) complies with all conditions of the permit in a prompt and expeditious manner, and (iv) the cost of Tenant Alterations in any 12 month period does not exceed $50,000.00; all other alterations to the Premises shall require the prior written consent of Landlord not to be unreasonably withheld. Tenant shall make the Tenant Alterations in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and quality equal to or better than the original construction of the Building and using a contract reasonably approved by Landlord. All Tenant Alterations shall be installed at Tenant’s sole expense. Tenant shall promptly repair any damage to the Premises or the Building caused by any such Tenant Alterations. Such alterations, physical 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 moveable non-attached fixtures or furniture of Tenant. If any mechanic lien is filed against the Premises or the Building as a result of any act or omission by Tenant, its agents, employees or invitees, Tenant shall cause same to be discharged of record within 10 days after the lien is filed. Landlord shall have no right to make any alterations or improvements to the Premises without the prior written consent of Landlord such consent not to be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall not make any external additions on the Premises (meaning those additions that are outside of the exterior walls of the Building) without the prior written consent of the Landlord, which consent may be withheld in Landlord’s sole discretion. Alterations or improvements made by either of the parties upon the Premises, except furniture, machinery, goods, wares, inventory, personal property, trade fixtures and equipment placed in the Premises, including raised flooring, any suspended or wall mounted lighting fixtures and video or computer screens (collectively, “Tenant’s Removable Property”) and for fixtures added to the Premises by Tenant at its expense and designated by Tenant as removable by written notice to Landlord prior to such addition (“Removable Fixtures”), shall be and become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or termination of this Lease, without disturbance, molestation, injury or damage. Notwithstanding anything to the contrary herein, Tenant shall not be obligated to remove or restore any alteration or improvement to the Premises at any time, except to the extent Landlord elects in writing at the time of giving its consent unless to a Tenant alteration or improvement, to require Tenant to remove and restore such alterations Tenant alteration or improvements are required by lawimprovement at the end of the Term. Tenant shall have the right, at any time, to remove Tenant’s Removable Property from the Premises. In the event that Landlord deems it necessary to make alterations or improvements that are required by law, Landlord shall provide Tenant with written notice as far in advance as possible and work with Tenant to minimize the disruption to Tenant’s business operations. All alterations and improvements made by Landlord shall be at Landlord’s sole cost and expense. Any alterations or improvements damage to the Premises paid for shall be caused by Landlord, except office furniture, equipment, personal property and trade fixtures, shall become a part moving Tenant’s Removable Property in or out of the realty and Premises, said damage shall be promptly repaired at the property cost of Landlord, and shall not be removed by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Cellu Tissue Holdings, Inc.)

Alterations or Improvements. Tenant may make any interiorshall neither make, non-structural, non-mechanical changes (“Tenant Alterations”) at any time desired by Tenant without Landlord’s consent, provided that Tenant: (i) acquires any legally required nor permit to do so from appropriate governmental agenciesbe made, (ii) furnishes of a copy thereof to Landlord prior to the commencement of the work, (iii) complies with all conditions of the permit in a prompt and expeditious manner, and (iv) the cost of Tenant Alterations in any 12 month period does not exceed $50,000.00; all other alterations or improvements to the Premises shall require without obtaining the prior written consent of Landlord Landlord, which consent shall not to be unreasonably withheld, conditioned or delayed, except as otherwise provided below. Notwithstanding the foregoing, Tenant may, without Landlord's consent but upon prior written notice to Landlord (which notice shall include all proposed plans, drawings, etc. and such other information reasonably requested by Landlord), relocate and/or remove interior partitions so as to create new space or re-allocate existing space and redecorate offices, including non- structural rearrangement of light fixtures and HVAC ductwork (to the extent such rearrangement of HVAC ductwork will not, in the reasonable judgment of Landlord, adversely impact other areas of the Premises or the Building); provided, however, (i) Tenant shall not perform any structural alterations (including, without limitation, any work to the Building Lobby and the HVAC systems which does not meet the criteria set forth above) without Landlord's consent, which consent may be granted or withheld in Landlord's sole discretion) and (ii) subject to the provisions of the last sentence of this Section 8.03, Tenant shall restore the Premises to its original condition at Tenant's sole cost and expense (including repairing any damages resulting therefrom) on or prior to the expiration of the Term hereof or sooner termination of this Lease; provided, further, this clause (ii) shall not apply to the non-structural alterations described above with respect to the relocation or removal of interior partitions (including doorways), light fixtures or HVAC ductwork as well as office redecoration,. If Tenant shall make any such alterations or improvements, Tenant shall make the Tenant Alterations same in accordance with all applicable laws, regulations laws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building Building, and using a contract reasonably approved by Landlord. All Tenant Alterations shall comply with such requirements as Landlord considers necessary or desirable, including, without limitation, requirements as to the manner in which and the times at which such work shall be installed at Tenant’s sole expensedone and the contractor or subcontractors to be selected to perform such work. Tenant shall promptly pay all costs attributable to such alterations and improvements and shall indemnify Landlord against any mechanics' liens or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations attributable to such work. Tenant shall promptly repair any damage to the Premises or and the Building caused by any such Tenant Alterations. Such alterations, physical 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 moveable non-attached fixtures or furniture of Tenant. If any mechanic lien is filed against the Premises or the Building as a result of any act or omission by Tenant, its agents, employees or invitees, Tenant shall cause same to be discharged of record within 10 days after the lien is filed. Landlord shall have no right to make any alterations or improvements to the Premises without Tenant’s consent unless such alterations or improvements are required by law. In the event that Landlord deems it necessary to make alterations or improvements that are required by law, Landlord shall provide Tenant with written notice as far in advance as possible and work with Tenant to minimize the disruption to Tenant’s business operations. All alterations and improvements made by Landlord shall be at Landlord’s sole cost and expenseimprovements. Any alterations or improvements to the Premises paid for by LandlordPremises, except office furniture, equipment, personal property movable equipment and trade fixtures, shall become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Notwithstanding anything to the contrary herein, Landlord agrees that if Landlord's consent is required in connection with any alterations or improvements by Tenant, and Landlord grants such consent to Tenant pursuant to clause (i) above, Landlord shall at the time such consent is granted notify Tenant whether Tenant shall be required (or not required) to remove such alteration or improvement at the end of the Term hereof.

Appears in 1 contract

Samples: Lease Agreement (Charming Shoppes Inc)

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