Common use of Alterations Clause in Contracts

Alterations. Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 5 contracts

Samples: Lease (ConversionPoint Holdings, Inc.), Lease (ConversionPoint Holdings, Inc.), Lease (ConversionPoint Holdings, Inc.)

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Alterations. Except as provided in the immediately preceding subparagraph, and except for non-structural and non-Building system alterations not in excess of Seventy-Five Thousand Dollars ($75,000) in any Lease Year, Tenant shall make no alterations, additions, decorations, alterations or improvements additions to the Premises (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord , which consent may imposebe withheld in Landlord’s reasonable discretion, as a condition to its consent, any requirements that and then only by contractors or mechanics approved by Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical writing and electrical contractors, obtain all required permits for upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed submitted by Tenant, at its sole cost and expense. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its sole cost and expense, furnish obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. If Landlord, in approving any Alterations, specifies a reasonable commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby indemnifies, defends and agrees to hold Landlord with as-built drawings free and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writingharmless from all liens and claims of lien, and all Alterations affixed other liability, claims and demands arising out of any work done or material supplied to the PremisesPremises by or at the request of Tenant in connection with any Alterations. If permitted Alterations are made, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures they shall be made at Tenant’s sole cost and furniture, expense and shall be and become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by provided notice is given to Tenant given at least 30 days prior to the Expiration Datetime Landlord approves such Alteration, require Tenant to remove by the Expiration DateTenant, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectivelyexpense, the “Required Removables”). In connection with its removal of Required Removablesto remove all partitions, Tenant shall counters, railings and other Alterations installed by Tenant, and to repair any damage damages to the Premises caused by such removal upon the expiration or earlier termination of the Term. If Landlord’s approval is not required in connection with an Alteration, Landlord may require removal of such Alteration, as aforesaid, at any time within thirty (30) days after Tenant’s written request for a determination by Landlord as to whether such Alteration shall be removed upon the expiration or earlier termination of the Term. Any and all costs attributable to or related to the applicable building codes of the city in which the Building is located (or any other authority having jurisdiction over the Building) arising from that removal Tenant’s plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 5, Landlord shall restore be entitled to receive an administrative fee of two percent (2%). The construction of initial improvements to the affected area to its pre-existing conditionPremises shall be governed by the terms of the Tenant work letter, reasonable wear attached hereto as Exhibit C, and tear exceptednot the terms of this Article 5.

Appears in 4 contracts

Samples: Lease (Editas Medicine, Inc.), Lease (Editas Medicine, Inc.), Lease (Editas Medicine, Inc.)

Alterations. Except as may be otherwise provided in this Lease as to initial Tenant improvements in accordance with Exhibit 4. Tenant shall make no alterationsnot, additionswithout Landlord's prior written consent, decorationspermit any alteration, improvement, addition or improvements installation in or to the Premises (all of which is collectively referred to as “Alterations”) "Work"), including installation of telephone, computer or internal sound or paging systems or other similar systems, or the performance of any decorating, painting and other similar work in the Premises. In the event Landlord consents to any Work, Landlord reserves the Premises without the prior written consent of right to cause such Work to be performed by contractors and subcontractors designated by Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits pay the cost of preparation of the plans for the Alterations Work, all permit fees and the fees of said contractors and subcontractors. Except with respect to Work performed by Landlord's designated contractor as general contractor, Tenant shall perform pay to Landlord's then applicable construction supervision fee. Before commencement of any Work or delivery of any materials into the work in compliance with all applicable lawsPremises or the Building, regulations Tenant shall furnish to Landlord, for its prior written approval, which approval shall not be unreasonably withheld or delayed, architectural plans and ordinances with contractors specifications certified by a licensed architect or engineer reasonably acceptable to Landlord, and such other documentation as Landlord shall reasonably request. Tenant agrees to hold Landlord, its beneficiaries and their respective agents, partners, officers, servants and employees forever harmless against all claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with any such Work, except to the extent caused by Landlord's gross negligence. At the request of Landlord, Tenant will deliver a written indemnity against claims or damages to tenants or occupants of any other premises affected by such Work. Tenant shall pay Landlord's reasonable costs of reviewing plans and materials submitted to Landlord for approval. Tenant shall pay the cost of all such Work and the cost of decorating and altering the Premises and the Building occasioned by any such Work. Landlord shall have the right to require Tenant to deliver to Landlord cash or other security in an amount and form acceptable to Landlord be entitled held in escrow by Landlord to a supervision fee in the amount of 5% of assure prompt payment for the cost of the Alterationsany such Work and to require Tenant's contractors to evidence workxxx'x xxxpensation, general liability and other insurance coverage, as reasonably required by Landlord. Landlord may elect All alterations, improvements, additions and installations to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided or in the Work Letter), but excluding moveable trade fixtures and furniture, Premises shall become the property part of Landlord. Such Alterations shall be surrendered with the Premises at the end time of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedinstallation.

Appears in 4 contracts

Samples: Office Lease (Pegasus Systems Inc), Office Lease (Pegasus Systems Inc), Office Lease (Pegasus Systems Inc)

Alterations. 3. Tenant shall make no alterations, additions, decorations, changes in or improvements (collectively referred to as “Alterations”) demised premises of any nature without Owner's prior written consent. Subject to the Premises without the prior written consent of Landlord. Landlord Owner and to the provisions of this articles, Tenant at Tenant's expense, may imposemake alterations, as a condition installations, additions or improvement which are nonstructural and which do not affect utility services or plumbing and electrical lines, in or to its consent, any requirements that Landlord in its discretion may deem reasonable the interior of demised premises by using contractors or desirablemechanics first approved by Owner. Tenant shall use Landlord’s designated mechanical and electrical contractorsshall, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable lawsbefore making any alterations, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansinstallations, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shalladditions or improvement, at its expense, furnish Landlord with asobtain all permits, approvals and certificates required by any governmental or quasi-built drawings governmental bodies and CAD disks compatible with Landlord’s systems(upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Owner may require. Unless Landlord otherwise agrees in writingIf any mechanic's lien is filed against the demised premises, all Alterations affixed or the building of which the same forms a part, for work claimed to the Premiseshave done for, including without limitation all Tenant Improvements constructed or materials furnished to, Tenant, whether or not done pursuant to this article, the Work Letter (except as otherwise provided same shall be discharged by Tenant within ten days thereafter, at Tenant's expense, bu filling the bond required by law. All fixtures and all paneling, partitions, railing and installations, installed in the Work Letter)premises at any times, but excluding moveable trade fixtures and furnitureeither by Tenant or by Owner in Tenant's behalf, shall shall, upon installations, become the property of Landlord. Such Alterations Owner and shall remain upon and be surrendered with the Premises demised premises unless Owner, by notice to Tenant no later then twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's rights thereto and to have them removed by Tenant, in which event, the same shall be removed from the premises by Tenant prior to the expirations of the lease, at Tenant's expense. Nothing in this article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveables office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be requires by Owner. Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior ro installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the Term, except that Landlord term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner's property or may be removed from the premises by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord Owner at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted's expense.

Appears in 4 contracts

Samples: Learners World Inc, Learners World Inc, Learners World Inc

Alterations. Absent Landlord’s written consent, Tenant shall may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, additions, decorations, or installations and improvements (collectively referred to as the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that and which are done by contractors and sub-contractors approved by Landlord in its discretion may deem reasonable every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or desirableother agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall use Landlordcarry and cause to be carried by each contractor and sub-contractor, workmen’s designated mechanical compensation, general liability, personal and electrical contractorsproperty damage insurance, obtain all required permits in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Alterations and Office, Tenant shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable pay or cause to Landlord. Landlord shall be entitled to paid or file a supervision fee bond in the amount stated in the mechanic’s lien within thirty (30) days of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review said filing at Tenant’s architectural planssole cost and expense. Any installation of materials, fixtures and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, like shall become the property of LandlordLandlord upon such installation and shall remain in the Office upon Xxxxxx’s surrender of same. Such Alterations shall be surrendered with However, Landlord may relinquish such right of ownership to the Premises at the end of the Term, except that Landlord may, installations by giving Tenant thirty (30) days written notice to Tenant given at least 30 days prior to the Expiration Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, require office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to remove by which Xxxxxxxx’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Expiration Office to that condition existing on the Commencement Date, or sooner termination date . Any and all property of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or by Landlord may remove such abandoned property at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.expense

Appears in 4 contracts

Samples: Office Lease, Office Lease, Office Lease

Alterations. Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, and utilize only building standard materials. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all work affecting the mechanical or electrical systems of the Building. Should Tenant perform any work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations work and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5% %) of the cost of the Alterationswork. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. In no event shall Tenant prosecute any alteration work that results in picketing or labor demonstrations in or about the Building or Project. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations work proposed by Tenant and consented to by Landlord change modify the floor plan internal configuration of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations alterations, additions or improvements affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time of Landlord’s consent to the Expiration Datealteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone alterations, decorations, fixtures, additions, improvements and data cabling) the like installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”)request. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt payment from Tenant of the cost thereof, inclusive of the standard coordination fee of Landlord’s management agent.

Appears in 4 contracts

Samples: Office Space Lease, Office Space Lease (Infosonics Corp), Office Space Lease (United Business Holdings, Inc)

Alterations. Tenant shall make Except for those items specified elsewhere herein, no alterations, additions, decorations, additions or improvements (collectively referred to as hereinafter “Alterations”) to the Premises shall be made by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld. Landlord shall not be deemed unreasonable for withholding its consent to any Alteration which may imposeaffect the structural, as a condition mechanical, exterior or common facilities of the Building, nor for making its approval conditional upon Tenant’s agreement to restore the Premises at the expiration or earlier termination of the Term to its consentcondition prior to such Alteration. All work done in connection with any Alteration shall be done in a good and workmanlike manner employing materials of good quality and in compliance with laws, any requirements that Landlord in its discretion may deem reasonable or desirablerules, orders and regulations of governmental authorities having jurisdiction thereof, by contractors approved by Landlord. Tenant shall use be responsible that its contractors abide by all reasonable procedures, rules and regulations as promulgated by Landlord. All Alterations shall be performed in such a manner so as to maintain harmonious labor relations and not to damage the Building or unreasonably interfere with the construction or operation of the Building. Tenant shall indemnify and hold Landlord harmless from additional costs incurred in supplying service or repairing damage caused by Tenant’s contractors. Tenant shall cause each contractor to carry workmen’s compensation insurance in statutory amounts covering the employees of all contractors and subcontractors, and comprehensive general liability insurance with such limits as Landlord may reasonably require from time to time during the Term of this Lease, but in no event less than the minimum amount of comprehensive general liability insurance Tenant is required to maintain as set forth in Article 11 hereof (all such insurance to be written in companies reasonably approved by Landlord and insuring Landlord, Landlord’s designated mechanical mortgagee and electrical Tenant as well as the contractors, obtain ) and to deliver to Landlord certificates of all required permits for the Alterations and such insurance prior to commencement of any work. Any Alteration made by Tenant after such consent shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural planshave been given, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant any fixtures installed as part thereof shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writingoption, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with Landlord upon the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, expiration or other sooner termination date of this Lease. If Landlord shall fail to exercise such option, all or any Tenant shall remove such Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”)cost upon expiration or termination of this Lease. In connection with its removal of Required Removables, Tenant shall repair any damage to yield up the Premises arising from that removal in good order and shall restore the affected area to its pre-existing conditionrepair, reasonable wear and tear and damage by fire or casualty excepted.

Appears in 3 contracts

Samples: www.sec.gov, Third Amendment to Lease (Paratek Pharmaceuticals, Inc.), Third Amendment to Lease (Paratek Pharmaceuticals Inc)

Alterations. Tenant shall not make no any alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord Tenant, at its own cost and expense, may imposeerect such shelves, bins, machinery and trade fixtures as a condition it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to its consentthe Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any requirements that Landlord Tenant improvements to the Premises will become part of the Premises upon installation and will remain in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical place at the expiration of the Term upon receipt of verification of good and electrical contractors, obtain workmanlike completion of all required permits for the Alterations and shall perform the such work in compliance with Landlord’s approvals and all applicable lawslegal requirements, regulations receipt of final lien waivers and ordinances with contractors reasonably acceptable to bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be entitled performed in a good and workmanlike manner so as not to a supervision fee in damage or alter the amount of 5% primary structure or structural qualities of the cost building comprising a part of the AlterationsPremises and other improvements situated on the Premises. Landlord may elect No alterations contemplated by Tenant to cause its architect the building comprising a part of the Premises or Premises will in any way be a condition to review the occurrence of the Commencement Date or commencement of Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedrental payment obligations hereunder.

Appears in 3 contracts

Samples: Industrial Triple Net Lease (Orbital Energy Group, Inc.), Industrial Triple Net Lease (Orbital Energy Group, Inc.), Industrial Triple Net Lease (Orbital Energy Group, Inc.)

Alterations. Except for the Tenant shall Improvements, Tenant will not make no any alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises (including, but not limited to, roof and wall penetrations without the prior written consent of Landlord (not to be unreasonably withheld, or delayed). Tenant may, without the consent of Landlord. Landlord may impose, but at its own cost and expense and in a good workmanlike manner, erect such shelves, bins, machinery, movable lab benches, equipment, trade fixtures (defined as a condition to its consent, any requirements that Landlord fixtures used by Tenant in its discretion specific business and not paid for by Landlord) and other non-structural interior improvements as it may deem reasonable advisable, without altering the basic character or desirablestructure of the Premises or improvements and without overloading or damaging the Premises or Building, and in each case complying with all Applicable Laws. Tenant shall use will not make any alterations, additions or improvements to the Premises which will contravene Landlord’s designated mechanical and electrical contractorspolicies insuring against loss or damage by fire or other hazards, obtain all required permits for the Alterations and shall perform the work including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in compliance with all applicable laws, regulations and ordinances with contractors companies reasonably acceptable to Landlord. If any such alterations, additions or improvements cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord shall to be entitled increased beyond the minimum rate from time to a supervision fee in time applicable to the Premises for permitted uses thereof (as reasonably documented by Landlord), Tenant will pay as Additional Rent the amount of any such increase promptly upon demand by Landlord. Within thirty (30) days receipt of reasonable documentation from Landlord following the completion of any alteration, addition, or improvement at the Premises by Tenant that requires the prior consent of Landlord, Landlord will be reimbursed for any reasonable outside consultant or design professional costs actually incurred by Landlord to review any plans or supervise construction work (not to exceed the lesser of $1,500.00 or 5% of Tenant’s “hard” construction costs). No such reimbursement will be required for any alteration, addition or improvement that does not require the cost consent of Landlord. Any and all alterations, additions, improvements, partitions and fixtures erected by Tenant will be the property of Landlord and will remain at the Premises upon termination of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan Lease or upon earlier vacating of the Premises. All shelves, then bins, machinery, trade fixtures, and other interior non-structural improvements installed by Tenant shall, at its expense, furnish Landlord with as-built drawings will remain the personal property of Tenant and CAD disks compatible with Landlord’s systemsmay be removed by Tenant prior to the termination of this Lease provided such removal may be accomplished without damage to the Premises or Building that cannot be repaired by Tenant as set forth in this subparagraph. Unless Landlord otherwise agrees in writing, all Alterations affixed Prior to vacating the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall will repair any damage to the Premises or Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property or trade fixtures by Tenant, or any Tenant Party. Should Tenant fail to conduct any such repair within ten (10) days of written notice from Landlord, Landlord may, at its option, perform same, and Tenant will remit payment to Landlord for the actual cost and expense incurred by Landlord in effecting such repair promptly upon demand. Tenant will have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim will affect and each such lien will attach to, if at all, only the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Premises at the request of Tenant on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising from that removal out of asserted claims or liens against the leasehold estate or against the right, title and shall restore interest of Landlord in the affected area to its pre-existing condition, reasonable wear and tear exceptedPremises or under the terms of this Lease.

Appears in 3 contracts

Samples: Lease Agreement (Precision Biosciences Inc), Lease Agreement (Precision Biosciences Inc), Lease Agreement (Precision Biosciences Inc)

Alterations. The Tenant shall not make no any alteration, addition or improvement to the Leased Premises without prior written consent of the Landlord and Landlord’s mortgagee, which consent shall not be unreasonably withheld except those improvements shown on Exhibit “A”. Upon the expiration of this Lease, Tenant shall not remove any alterations, additionsadditions or improvements attached to floors, decorationswalls or ceilings or any extension thereof, except Tenant’s equipment and trade fixtures. Any such alterations, additions or improvements (collectively referred to as other than Tenant’s equipment and trade fixtures) shall be the property of Landlord and shall remain with the Leased Premises upon termination of this Lease. For any alterations, additions or improvements (AlterationsAdditional Tenant Improvements”) which the Tenant wishes to make, the Premises Tenant shall provide Landlord and Landlord’s mortgagee with copies of detailed plans and specifications for review and approval, which are prepared and sealed by an architect and/or engineer licensed in the State of Michigan, prior to requesting Landlord’s written consent, and Tenant shall pay all costs incurred in connection therewith and in connection with review or inspection by any engineer or architect retained by Landlord and/or its mortgagee, which costs shall be paid by Tenant within ten (10) days following presentation of an invoice therefor. Tenant shall not commence any work without the prior written consent of Landlord and Landlord’s mortgagee and payment of the above costs. Without limiting the generality of the foregoing, Landlord may imposereserves the right to condition its consent on the appropriateness of the materials proposed to be used by Tenant in relation to the materials comprising the existing improvements, as a condition the extent to its consentwhich such improvements are in harmony with the remainder of the Premises and the impact of proposed improvements on the structural integrity of the building, any requirements roof and foundation and/or building systems. All permits, inspection fees and all costs associated with the Additional Tenant Improvements shall be paid by Tenant (provided that Landlord shall cooperate, at no cost to Landlord, in connection with any applications or permits which are required to be signed by the owner of the Premises). All work performed by Tenant shall be performed by responsible contractors, shall comply with all applicable provisions of this Lease and shall be accomplished in a manner so as not to void any warranties which may be existing with respect to the Premises. Prior to commencement of any work, and until completion of the same, Tenant shall obtain and maintain at its discretion sole expense builder’s risk insurance with such carriers and in such amount as may deem reasonable be required by Landlord and its mortgagee, which policy(ies) shall name Landlord and its mortgagee as additional insured, and shall provide that the same shall not be canceled or desirableamended without thirty (30) days’ prior written notice to Landlord. Tenant shall use provide Landlord with a copy of such policy(ies) prior to commencing any work. Tenant shall provide Landlord, at Tenant’s designated mechanical and electrical contractorsexpense, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws“as-built” construction drawings, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% certified by Tenant’s architect or engineer, within thirty (30) days following completion of the cost of the AlterationsAdditional Tenant Improvements. Landlord may elect to cause its architect to review All Additional Tenant Improvements constituting fixtures (excluding Tenant’s architectural plans, trade fixtures) shall become the sole property of Landlord and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expensethe election of Landlord, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to become encumbered by any mortgage(s) encumbering the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 3 contracts

Samples: Assignment and Assumption of Lease, Assignment and Assumption of Lease (Veri-Tek International, Corp.), Assignment and Assumption of Lease (Veri-Tek International, Corp.)

Alterations. Tenant shall will not make no any modifications, improvements, alterations, additionsadditions or installations (collectively, decorations, or improvements (collectively referred to as “Alterations”) without Landlord’s prior written consent, which consent will not be unreasonably withheld; provided that Landlord’s consent will not be required for Alterations that do not affect the mechanical, electrical, plumbing, exterior (including, without limitation, the roof membrane) or structural systems of any Buildings and that cost less than $50,000.00 (“Minor Alterations”) so long as Tenant provides prior written notice to Landlord detailing the type and scope of such Minor Alterations (a “Minor Alterations Notice”). Landlord will respond to any written Tenant request for consent to Alterations within 10 business days after Landlord’s receipt of such notice, or if Landlord fails to respond within such 10-business day period, Landlord will be deemed to have granted its consent to such request. Landlord will have the right to post notices of non-responsibility or similar notices on the Premises in order to protect the Premises against any liens resulting from such Alterations or Minor Alterations. Tenant agrees not to allow such notices to be removed or defaced. Tenant agrees to indemnify, defend and hold Landlord harmless from any and all Claims which may arise out of or be connected in any way with any Alterations (including Minor Alterations) to the Premises without performed by or at the prior written consent request of LandlordTenant. Landlord may imposeAbsent an agreement by the parties to the contrary, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of will pay the cost of all Alterations (including Minor Alterations). Upon completion of the applicable Alterations, Tenant will furnish Landlord with contractor’s affidavits that include full and final waivers of liens for all amounts due for labor and materials in connection with the applicable Alterations. Landlord may elect to cause its architect to review TenantIn the case of any Alterations that require Landlord’s architectural plansconsent, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish will also provide Landlord with as-built drawings plans and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property specifications of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Termas altered by such Alterations, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any if any. All Alterations (including without limitation Minor Alterations) will comply with all telephone applicable Laws and data cabling) installed either by Tenant will be constructed in a good and workmanlike manner, using materials of good quality and free and clear of all liens or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedclaims therefor.

Appears in 3 contracts

Samples: Lease Agreement (Andina II Holdco Corp.), Lease Agreement (Andina II Holdco Corp.), Lease Agreement (Andina II Holdco Corp.)

Alterations. Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord’s 's designated mechanical and electrical contractors, contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the Alterations work and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5% %) of the cost of the Alterationswork. Landlord may elect to cause its architect to review Tenant’s architectural plans, and Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the reasonable cost of that review Premises. Any request for Landlord's consent shall be reimbursed by Tenant. Should made in writing and shall contain architectural plans describing the Alterations proposed by Tenant and consented work in detail reasonably satisfactory to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations alterations, additions or improvements affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time of Landlord's consent to the Expiration Datealteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone alterations, decorations, fixtures, additions, improvements and data cabling) the like installed either by Tenant or by Landlord at Tenant’s 's request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall and to repair any damage to the Premises arising from that removal removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall restore the affected area be entitled to its pre-existing condition, reasonable wear and tear exceptedprompt reimbursement from Tenant for all costs incurred.

Appears in 3 contracts

Samples: Assignment of Lease (Imperial Credit Commercial Holdings Inc), Office Space Lease (Pharmaprint Inc), Myers Steven & Associates Inc

Alterations. Absent Landlord’s written consent, Tenant shall may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, additions, decorations, or installations and improvements (collectively referred to as the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that and which are done by contractors and sub-contractors approved by Landlord in its discretion may deem reasonable every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or desirableother agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall use Landlordcarry and cause to be carried by each contractor and sub-contractor, workmen’s designated mechanical compensation, general liability, personal and electrical contractorsproperty damage insurance, obtain all required permits in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Alterations and Office, Tenant shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable pay or cause to Landlord. Landlord shall be entitled to paid or file a supervision fee bond in the amount stated in the mechanic’s lien within thirty (30) days of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review said filing at Tenant’s architectural planssole cost and expense. Any installation of materials, fixtures and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, like shall become the property of LandlordLandlord upon such installation and shall remain in the Office upon Xxxxxx’s surrender of same. Such Alterations shall be surrendered with However, Landlord may relinquish such right of ownership to the Premises at the end of the Term, except that Landlord may, installations by giving Tenant thirty (30) days written notice to Tenant given at least 30 days prior to the Expiration Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, require office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to remove by which Xxxxxxxx’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Expiration Office to that condition existing on the Commencement Date, or sooner termination date . Any and all property of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or by Landlord may remove such abandoned property at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.expense

Appears in 3 contracts

Samples: Office Lease, Office Lease, Office Lease

Alterations. Except for cosmetic alteration projects that do not exceed $50,000.00 during each calendar year and that satisfy the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, decorations or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Datetime of Landlord’s approval of any Alterations, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted. Landlord agrees that the Tenant Improvements as and to the extent set forth in the Plan and Cost Estimate referenced in Exhibit X shall not constitute Required Removables.

Appears in 2 contracts

Samples: Lease (MDxHealth SA), Lease (MDxHealth SA)

Alterations. Tenant shall make no alterationsnot, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent which consent shall not be unreasonably withheld, of LandlordLandlord in each instance, make any alterations, improvements or additions to the Premises. Landlord shall not grant such consent until Landlord has had an opportunity to review Tenant's plans and specifications for such alterations, improvements or additions. If Landlord consents to said alterations, improvements, or additions, it may imposeimpose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, insurance against liabilities which may arise out of such work, revisions to the plans and specifications for such work and permits necessary for such work. The work necessary to make any alterations, improvements, or additions to the Premises shall be done at Tenant's expense by employees of, or contractors hired by, Landlord, except to the extent Landlord gives its prior written consent to Tenant's hiring contractors. Notwithstanding the foregoing, Tenant may hire its own contractors to install mill work, telecommunications equipment and food service equipment in the Premises. Tenant's shall promptly pay to Landlord or to Tenant's contractors, as a condition case may, be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant will also pay to Landlord an amount equal to five percent (5%) of all of the costs of such work to reimburse Landlord for its consent, any requirements that overhead and construction management services allocable to such work and all out-of-pocket costs incurred by Landlord in its discretion may deem reasonable reviewing plans and specifications for said alterations, improvements or desirableadditions. Upon completion, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall use Landlord’s designated mechanical defend and electrical hold Landlord and the holder of any legal or beneficial interest in the land or Building harmless from all costs, damages, liens, and expenses related to such work. All work done by Tenant or its contractors pursuant to Sections 6 or 9 hereof shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies and the rules and regulations adopted by the Landlord for the Building. Within thirty (30) days after substantial completion of any such work by Tenant or its contractors, obtain all Tenant shall furnish to Landlord "as built" drawings of such work. Landlord agrees that Tenant shall not be required permits for to remove any alteration, improvement or addition made to the Alterations and shall perform the work Premises in compliance with all applicable lawsthis Section 6 unless Landlord has advised Tenant in writing prior to installation of such alteration, regulations and ordinances with contractors reasonably acceptable improvement or addition that Landlord's consent to Landlord. Landlord shall be entitled such installation is conditioned upon Tenant's agreement to a supervision fee in the amount of 5% remove same upon expiration or termination of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Lease (Hewitt Holdings LLC), Lease (Hewitt Associates Inc)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", and except for Permitted Changes, Tenant shall not make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Without Landlord's prior consent, Tenant shall be entitled to make nonstructural alterations and additions which (i) do not adversely affect the plumbing, heating, air conditioning, ventilation, electrical, mechanical and life safety systems of the Demised Premises and the Building (ii) do not materially reduce the overall quality of the leasehold improvements in the Demised Premises below the average level of quality typically found in first-class office buildings in the Buckhead area of Atlanta, Georgia (iii) are not visible from the exterior of the Building (due to unusual lighting of such alterations or additions in close proximity to the Building's exterior windows), and (iv) do not involve a Non-Standard Alteration ("Permitted Changes"). Other than the Permitted Changes, Tenant shall make no alterations in, or additions to, the Demised Premises without first obtaining, in writing, Landlord's consent for such alterations or additions, which consent shall not be unreasonably withheld or conditioned. Any such alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Demised Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord, except for Permitted Changes shall be made by Landlord change or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within twenty (20) days after receipt of a statement. All such alterations, additions and improvements shall become Landlord's property at the floor plan expiration or earlier termination of the PremisesLease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant, then to be given, if at all, at the time Landlord consents to such alterations, additions and improvements, to have Tenant shallremove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed the Demised Premises to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days its condition prior to the Expiration Dateinstallation of such alterations, require Tenant to remove by the Expiration Dateadditions and improvements, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable normal wear and tear excepted.

Appears in 2 contracts

Samples: Lease Agreement (Premiere Global Services, Inc.), Lease Agreement (Premiere Global Services, Inc.)

Alterations. Tenant shall not make no any alterations, additions, decorations, additions or improvements to the Premises (collectively referred to as collectively, the “Alterations”) to the Premises without the prior written consent of Landlord. Landlord (which consent shall not be unreasonably withheld or delayed), except for (a) the installation of unattached, movable trade fixtures which may imposebe installed without drilling, as a condition cutting or otherwise defacing the Premises and (b) Alterations that are cosmetic in nature and do not affect the Building’s Structure or any Building’s System, do not require permits, and are anticipated to its consent, any requirements that Landlord in its discretion may deem reasonable or desirablecost less than $25,000 (“Permitted Alterations”). Tenant shall use furnish complete plans and specifications to Landlord for its approval at the time Tenant requests Landlord’s designated mechanical consent to any Alterations. Subsequent to obtaining Landlord’s consent and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable prior to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by applicable Law and a copy of the executed construction contract(s). Tenant shall give written notice to Landlord at least ten (10) Business Days prior to beginning any construction, and Landlord may elect post on and about the Premises or the Project notices of non-responsibility pursuant to cause its architect to applicable Laws. Tenant shall reimburse Landlord within thirty (30) days after the rendition of a xxxx for all of Landlord’s actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting and construction fees incurred by or on behalf of Landlord for the review and approval of Tenant’s architectural plansplans and specifications and for the monitoring of construction of the Alterations not to exceed three percent (3%) of the hard costs of such Alterations. If Landlord consents to the making of any Alteration, and the reasonable cost of that review such Alteration shall be reimbursed made by Tenant at Tenant’s sole cost and expense by a contractor reasonably approved in writing by Landlord. Should Without Landlord’s prior written consent, Tenant shall not use any portion of the Common Areas in connection with the making of any Alterations. If the Alterations proposed by which Tenant and consented causes to by be constructed result in Landlord change the floor plan being required to make any alterations and/or improvements to other portions of the PremisesProject in order to comply with any applicable Laws, then Tenant shall, at its expense, furnish shall reimburse Landlord with as-built drawings upon demand for all costs and CAD disks compatible with Landlord’s systemsexpenses incurred by Landlord in making such alterations and/or improvements. Unless Landlord otherwise agrees in writing, all Any Alterations affixed to the Premises, including without limitation all made by Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord upon installation and shall remain on and be surrendered with the Premises upon the expiration or sooner termination of this Lease, unless Landlord requires the removal of such Alterations. Notwithstanding the foregoing, upon Tenant’s written request at the end time it seeks Landlord’s consent to an Alteration, Landlord agrees to indicate in writing whether it will require such Alteration to be removed upon the expiration or earlier termination of the TermLease. If Landlord requires the removal of such Alterations, except that Landlord mayTenant shall at its sole cost and expense, by notice to Tenant given at least 30 days prior to the Expiration DateDate or the last day of the Renewal Term (as defined in Exhibit G), require Tenant to remove by as the Expiration Datecase may be, or sooner earlier termination date of this Lease, remove all or any portion of any Alterations (including without limitation all telephone and data cabling) installed either made by Tenant or which are designated by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall to be removed and repair any damage to and restore the Premises arising from that removal in a good and shall restore the affected area workmanlike manner to its pre-existing their original condition, reasonable wear and tear exceptedexcepted (collectively, the “Removal and Restoration Work”); provided, however, at Landlord’s election, in lieu of having Tenant perform the Removal and Restoration Work, Tenant shall pay Landlord, within five (5) days following Landlord’s demand, an amount equal to the actual out-of-pocket cost of performing the Removal and Restoration Work, and Landlord shall have the right (but not the obligation) to perform such work on Tenant’s behalf. All construction work done by Tenant within the Premises shall be performed in accordance with all Laws, in a good and workmanlike manner with new materials of first-class quality, lien-free, and in such manner as to cause a minimum of interference with the transaction of business at the Project. All work which may affect the Building’s Structure or the Building’s Systems, at Landlord’s election, must be performed by Landlord’s usual contractor for such work. All work affecting the roof of the Project must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce the warranty on the roof. In all events, Tenant shall be required to use union labor in connection with any initial improvements and all Alterations. Tenant agrees to indemnify, defend and hold Landlord, its Affiliates, Harvest Properties, Inc. (“Harvest”), Cerberus Real Estate Capital Management, LLC, a Delaware limited liability company (“Cerberus”), and Landlord’s Property Manager, and their respective officers, directors, partners, members, shareholders, employees and agents (collectively, the “Indemnitees”) harmless against any loss, liability or damage resulting from such work performed by or at the request of Tenant (except for the Work), and Tenant shall, if requested by Landlord, furnish a bond or other security satisfactory to Landlord against any such loss, liability or damage. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Landlord’s consent to or approval of any Alterations (or the plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be solely responsible for ensuring all such compliance. All voice, data, video, audio and other low voltage control transport system cabling and/or cable bundles installed in the Building by Tenant or its contractor shall be (i) plenum rated and/or have a composition make-up suited for its environmental use in accordance with NFPA 70/National Electrical Code; (ii) labeled every 3 meters with Tenant’s name and origination and destination points; (iii) installed in accordance with all EIA/TIA standards and the National Electric Code; and (iv) installed and routed in accordance with a routing plan showing “as built” or “as installed” configurations of cable pathways, outlet identification numbers, locations of all wall, ceiling and floor penetrations, riser cable routing and conduit routing (if applicable), and such other information as Landlord may reasonably request. The routing plan shall be available to Landlord and its agents at the Project upon request.

Appears in 2 contracts

Samples: Office Lease Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.)

Alterations. Excepting Tenant’s Upfit, Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. , and any such request by Tenant of Landlord to make any such alterations, additions or improvements shall in each case be accompanied by plans and specifications for such alterations, additions and improvements all in such detail as Landlord may imposereasonably required. Any alteration, addition or improvement to the Premises which results in any damage to the Premises or the alteration, addition or improvement to the Premises which results in any damage to the Premises or the Building including, but not limited to the floor, ceiling or outside walls shall be repaired by the Tenant at the termination of the Lease, or if sooner, upon the request by the Landlord. All alterations, additions and improvements (including, without limitation, all partitions, walls, railings, carpeting, and floor coverings) made by, for or at the direction of the Tenant, shall remain upon and be surrendered with the Premises as a condition part thereof at the expiration or earlier termination of this Lease. All contractors and subcontractors employed by Tenant for any such work shall be subject to its consent, any requirements that Landlord in its discretion may deem reasonable or desirableLandlord’s prior approval. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance comply with all applicable laws, regulations laws and ordinances with contractors reasonably acceptable to Landlordobtain all licenses and permits required by any applicable authority before commencing construction. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed Any alarm or sprinkler system installed by Tenant and consented to must be compatible with any such system maintained by Landlord change for the floor plan Building, Tenant and all contractors and subcontractors employed or engaged by Tenant shall comply with the Contractor Upfit and Insurance Procedures and Requirements prepared by Landlord for the Building, a copy of the Premiseswhich will be provided to Tenant upon request All alterations, then additions and improvements made by Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant limitation, the initial alterations, additions and improvements made to the Work Letter (except as otherwise provided Premises, shall remain in the Work Letter), but excluding moveable trade fixtures Premises and furniture, shall become not be removed therefore at any time. Upon the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, expiration or sooner any earlier termination date of this Lease, all Tenant shall promptly reimburse Landlord for any expense or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or cost incurred by Landlord in restoring the Premises to the condition in which the Premises were at the time Tenant shall have occupied the same, except for Tenant’s request (collectivelyUpfit and for ordinary wear and tear, the “Required Removables”). In connection with its removal of Required Removablesfire or other casualty and alterations, Tenant shall repair any damage additions and improvements to the Premises arising from that removal consented to in writing by Landlord unless Landlord is entitled to and shall restore notifies Tenant to remove the affected area to its pre-existing condition, reasonable wear and tear exceptedsame.

Appears in 2 contracts

Samples: Charleston Lease Agreement, ) Lease Agreement (Bank of South Carolina Corp)

Alterations. Tenant shall not make no any alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord, not to be unreasonably withheld. Landlord may imposeAll alterations, as a condition to its consentadditions, any requirements that Landlord in its discretion may deem reasonable or desirable. improvements and partitions erected by Tenant shall use Landlord’s designated mechanical be and electrical contractorsremain the property of Tenant during the term of this Lease and Tenant shall, obtain unless Landlord otherwise elects as hereinafter provided, remove all required permits for the Alterations alterations, additions, improvements and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed partitions erected by Tenant and consented restore the premises to by Landlord change the floor plan their original condition as of the PremisesCommencement Date (ordinary wear and tear excepted) by the date of termination of this Lease or upon earlier vacating of the premises; provided, then Tenant shallhowever, at its expensethat if Landlord so elects prior to termination of this Lease or upon earlier vacating of the premises, furnish Landlord with as-built drawings such alterations, additions, improvements and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, partitions shall become the property of Landlord. Such Alterations Landlord as of the date of termination of this Lease or upon earlier vacating of the premises and shall be surrendered delivered up to the Landlord with the Premises at the end of the Term, except premises. Equipment and furniture that Landlord may, do not constitute fixtures which are installed by notice to Tenant given at least 30 days may be removed by Tenant prior to the Expiration Datetermination of this lease if Tenant so elects, require provided no default by Tenant to remove hereunder shall then exist, and shall be removed by the Expiration Date, or sooner termination date of termination of this Lease, all Lease or upon earlier vacating of the premises if required by Landlord. Upon any Alterations (including without limitation all telephone and data cabling) installed either by such removal Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area premises to its pre-existing condition, reasonable their original condition as of the Commencement Date (ordinary wear and tear excepted). All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements to be situated on the premises.

Appears in 2 contracts

Samples: Lease Agreement (Carlyle Golf Inc), Lease Agreement (Carlyle Golf Inc)

Alterations. Tenant shall not make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) any alterations to the Premises other than Tenant's initial Tenant Improvements per Exhibit F, or to the Project, including any changes to the existing landscaping, without the Landlord's prior written consent, which shall not be unreasonably withheld, delayed or conditioned for alterations not affecting structural elements or materially altering Building systems. If Landlord gives its consent of Landlord. to such alterations, Landlord may impose, as a condition to its consent, any requirements that Landlord post notices in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for accordance with the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% laws of the cost of state in which the Alterationspremises are located. Landlord may elect to cause its architect to review Tenant’s architectural plans, Any alterations made shall remain on and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end upon expiration or termination of the Termthis Lease, except that Landlord may, by notice on or before expiration of the term, elect to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by any alterations which Tenant may have made to the Expiration DatePremises. At the time Tenant submits plans for alterations to Landlord for Landlord's approval, or sooner Tenant may request that Landlord elect whether such alterations shall be removed at the termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by if so requested, Landlord shall make such election simultaneous with its approval of the alterations. If Landlord elects to require removal of the alterations, then at its own cost Tenant or shall restore the Premises to the condition designated by Landlord at in its election, before the last day of the term or within 30 days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant’s request (collectively, 's alteration of the “Required Removables”). In connection with its removal of Required RemovablesPremises, Tenant shall repair any damage to contract with a contractor reasonably approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with plans and specifications reasonably approved by Landlord. All work performed shall be done in workmanlike manner and with material (when not specifically described in the plans and specifications) of the quality and appearance customary in the trade for first-class construction of the type in which the Premises arising from that removal are located. All such construction shall be performed in a manner which will not interfere with the quiet enjoyment of other tenants of the Project. Tenant shall pay all costs for such construction and shall restore keep the affected area Premises and the Project free and clear of all mechanics' liens which may result from construction by Tenant. If requested by Landlord, Tenant shall post a bond or other security reasonably satisfactory to its pre-existing condition, Landlord to protect against liens. Tenant will pay directly or reimburse Landlord for any reasonable wear and tear exceptedcost incurred by Landlord in reviewing plans and/or monitoring construction.

Appears in 2 contracts

Samples: Office Lease Agreement (F5 Networks Inc), Office Lease Agreement (F5 Networks Inc)

Alterations. Absent Landlord’s written consent, Tenant shall may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, additions, decorations, or installations and improvements (collectively referred to as the “Alterations”) to the Office provided they are nonstructural in nature, which do not effect the Services, utilities or other operations or services of the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that and which are done by contractors and sub-contractors approved by Landlord in its discretion may deem reasonable every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or desirableother agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall use Landlordcarry and cause to be carried by each contractor and sub-contractor, workmen’s designated mechanical compensation, general liability, personal and electrical contractorsproperty damage insurance, obtain all required permits in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Alterations and Office, Tenant shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable pay or cause to Landlord. Landlord shall be entitled to paid or file a supervision fee bond in the amount stated in the mechanic’s lien within thirty (30) days of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review said filing at Tenant’s architectural planssole cost and expense. Any installation of materials, fixtures and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, like shall become the property of LandlordLandlord upon such installation and shall remain in the Office upon Txxxxx’s surrender of same. Such Alterations shall be surrendered with However, Landlord may relinquish such right of ownership to the Premises at the end of the Term, except that Landlord may, installations by giving Tenant thirty (30) days written notice to Tenant given at least 30 days prior to the Expiration Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, require office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to remove by which Lxxxxxxx’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Expiration Office to that condition existing on the Commencement Date, or sooner termination date . Any and all property of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or by Landlord may remove such abandoned property at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.expense

Appears in 2 contracts

Samples: Office Lease (McTc Holdings, Inc.), McTc Holdings, Inc.

Alterations. Tenant shall not make alterations and additions to Tenant’s Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld. However, Landlord’s determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises shall be in Landlord’s sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord’s opinion would reasonably be expected to adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent in any material respect, in Landlord’s reasonable judgment, with alterations satisfying Landlord’s standards for new alterations in the Building. Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the Building and the other requirements of this Lease with respect to Tenant’s insurance obligations (herein called “Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be acting as Landlord’s agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with any such work. Within thirty (30) days after receipt of an invoice from Landlord (together with reasonable supporting back up documentation), Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour for time spent by senior staff, and $100 per hour for time spent by junior staff, plus (ii) reasonable third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. All alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord’s general contractor or by contractors or workers first approved by Landlord. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the Building that are required in order to comply with Legal Requirements as a result of any work performed by Tenant. Landlord shall have the right to provide such rules and regulations relative to the performance of any alterations, additions, decorationsimprovements and installations hereunder (which shall be applied in a non-discriminatory manner) and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or improvements (collectively referred independent contractors, and not to as “Alterations”) cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises without or the prior written consent of Landlord. Landlord Buildings or the Site and immediately to discharge any such liens which may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirableso attach. Tenant shall use Landlord’s designated mechanical and electrical contractorspay, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable lawsas Additional Rent, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5100% of any real estate taxes on the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant Complex which shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end any time after commencement of the Term, except result from any alteration, addition or improvement to the Premises made by Tenant. Tenant acknowledges and agrees that Landlord mayshall be the owner of any additions, alterations and improvements in the Premises or the Building to the extent paid for by Landlord. Notwithstanding the terms of this Section 5.12, Tenant shall have the right, without obtaining the prior consent of Landlord but upon notice to Tenant Landlord given at least 30 ten (10) days prior to the Expiration Datecommencement of any work (which notice shall specify the nature of the work in reasonable detail), require Tenant to remove by the Expiration Datemake alterations, additions or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage improvements to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.where:

Appears in 2 contracts

Samples: Lease (Care.com Inc), Lease (Care.com Inc)

Alterations. Except for cosmetic alteration projects that do not exceed $25,000.00 in aggregate cost during the Term and that satisfy the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. For all Alterations that require the prior written consent of Landlord, Landlord’s consent shall not be unreasonably withheld, conditioned or delayed as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). For all Alterations that require the prior written consent of Landlord, Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable; provided that, for projects that do not exceed $50,000.00, Landlord shall not require Tenant to post a lien or completion bond. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures fixtures, furniture, office/telephone equipment, computers, and furnitureother personal property, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. If Landlord fails to respond to any request for consent within the 10 day period set forth in the preceding sentence, Tenant shall have the right to provide Landlord with a second request for consent. Tenant’s second request for consent must specifically state that Landlord’s failure to respond within a period of 5 business days shall be deemed to be an approval by Landlord. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Lease (Lombard Medical, Inc.), Lease (Lombard Medical, Inc.)

Alterations. Tenant shall not make no any alterations, additions, decorationsor improvements to the Leased Premises without Landlord’s prior written consent. Tenant shall promptly remove any alterations, additions, or improvements (collectively referred to as “Alterations”) to the Premises without the prior constructed in violation of this paragraph upon Landlord’s written consent of request. All approved alterations, additions, and improvements will be accomplished in a good and workmanlike manner, in conformity with all applicable laws and regulations, and by a contractor approved by Landlord. Tenant shall apply for and obtain all requisite approvals, consents or permits for such work, at Tenant’s sole cost and expense. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by any alterations, additions or improvements (whether or not made with Landlord’s consent) at the Expiration Datetermination of this Lease and to restore the Premises to its prior condition, or sooner all at Tenant’s expense. All alterations, additions and improvements which Landlord has not required Tenant to remove shall become Landlord’s property and shall be surrendered to Landlord upon the termination date of this Lease, all or except that Tenant may remove any Alterations (including of Tenant’s furniture and equipment which can be removed without limitation all telephone and data cabling) installed either by material damage to the Leased Premises. Tenant or by Landlord shall repair, at Tenant’s request (collectivelyexpense, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Leased Premises caused by the removal of any such furniture or equipment. Tenant shall keep the property free from any and all liens arising from that removal out of the work performed or materials furnished in making improvements to the Leased Premises, and if a lien shall restore be filed will post a bond or otherwise cause same to be removed within five (5) days of notice thereof. Tenant shall not have the affected area right to its pre-existing conditionencumber the Leased Premises, reasonable wear including any covenants and tear exceptedrestrictions or liens of any kind whatsoever. Tenant shall strictly comply with the Construction Lien Law of the State of Florida. Tenant agrees to obtain and deliver to Landlord prior to the commencement of any work or alteration or the delivery of any materials, a written and unconditional waiver of contractors’ liens with respect to the Leased Premises, the Building and the parcel for all work, service or materials to be furnished at the request or for the benefit of Tenant to the Premises.

Appears in 2 contracts

Samples: Office Lease Agreement (Sensus Healthcare, Inc.), Office Lease Agreement (Sensus Healthcare, LLC)

Alterations. Tenant All alterations, additions and improvements, except trade fixtures, installed at expense of Tenant, shall make no become the property of the Landlord and shall remain upon and be surrendered with the leased premises as a part of thereof on this lease. Such alterations, additions, decorations, or and improvements (collectively referred to as “Alterations”) to the Premises without may only be made with the prior written consent of Landlord, which consent shall not be unreasonably withheld. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits If consent is granted for the Alterations making of improvements or alterations to the leased premises, such improvements and alterations shall perform not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the work leased premises in compliance connection with all applicable lawsthe making of such improvements or alterations. No cooling tower, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord equipment, or structure of any kind shall be entitled to a supervision fee in placed on the amount of 5% of roof or elsewhere on the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed leased premises by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property prior written permission of Landlord. Such Alterations If such permission is granted, such work or installations shall be surrendered with done at Tenant's expense and in such a manner that the Premises roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the roof can be made, Tenant shall promptly repair at its expense any damages resulting from such removal. At the end termination of this lease Tenant shall deliver the Termleased premises in good order and condition, except that Landlord may, natural deterioration only excepted. Any damage cause by notice to Tenant given the installation or removal of trade fixtures shall be repaired at least 30 days Tenant's expense prior to the Expiration Dateexpiration of the lease term. All alterations, require Tenant to remove improvements, additions, and repairs made by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal be made in good and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedworkmanlike manner.

Appears in 2 contracts

Samples: Land Least Agreement (Cobra Financial Services Inc), Land Least Agreement (Cobra Financial Services Inc)

Alterations. Tenant shall make no alterationsnot, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent, which consent shall not be unreasonably withheld, of LandlordLandlord in each instance, make any alterations, improvements, or additions to the Premises. Landlord shall not grant such consent until Landlord has had an opportunity to review Tenant's plans and specifications for such alterations, improvements, or additions. If Landlord consents to said alterations, improvements, or additions, it may imposeimpose such conditions with respect thereto as Landlord deems appropriate, as a condition including, without limitation, insurance against liabilities which may arise out of such work, revisions to the plans and specifications for such work and permits necessary for such work. The work necessary to make any alterations, improvements, or additions to the Premises shall be done at Tenant's expense by employees of, or contractors hired by, Landlord, except to the extent Landlord gives its consentprior written consent to Tenant's hiring contractors. Notwithstanding the foregoing, any requirements that Landlord Tenant may hire its own contractors to install mill work, telecommunications equipment and food service equipment in its discretion may deem reasonable or desirablethe Premises. Tenant shall use Landlord’s designated mechanical and electrical promptly pay to Landlord or to Tenant's contractors, obtain as the case may be, when due, the cost of all such work and of all decorating required permits by reason thereof. Tenant will also pay to Landlord an amount equal to five percent (5%) of all of the costs of such work to reimburse Landlord for its overhead and construction management services allocable to such work and all out-of-pocket costs incurred by Landlord in reviewing plans and specifications for said alterations, improvements or additions. Upon completion, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the holder of any legal or beneficial interest in the land or Building harmless from all costs, damages, liens, and expenses related to such work. All work done by Tenant or its contractors pursuant to Sections 6 or 11 hereof shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies and the rules and regulations adopted by the Landlord for the Alterations and Building. Within thirty (30) days after substantial completion of any such work by Tenant or its contractors, Tenant shall perform furnish to Landlord "as built" drawings of such work. Landlord agrees that Tenant shall not be required to remove any alteration, improvement or addition made to the work Premises in compliance with all applicable lawsthis Section 6 unless Landlord has advised Tenant in writing prior to installation of such alteration, regulations and ordinances with contractors reasonably acceptable improvement or addition that Landlord's consent to Landlord. Landlord shall be entitled such installation is conditioned upon Tenant's agreement to a supervision fee in the amount of 5% remove same upon expiration or termination of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Office Lease (Hewitt Associates Inc), Office Lease (Hewitt Holdings LLC)

Alterations. Tenant shall not make no any alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Once Tenant submits a request to Landlord may impose, as a condition to its consent, any requirements that Landlord for approval in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered accordance with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date requirements of this Lease, all Landlord shall notify Tenant in writing within ten (10) business days whether such request is acceptable and, if not, Landlord shall set forth in reasonable detail those items which are not acceptable. Notwithstanding anything herein to the contrary, Tenant may make alterations, additions or any Alterations (including without limitation all telephone improvements to the interior walls, ceiling and data cablingcarpeting within the Premises and non-structural alterations of less than $10,000 ) installed either by Tenant or by Landlord at Tenant’s request (collectively, “Permitted Alterations”) without the “Required Removables”)having first received the consent of Landlord. In connection If Landlord consents to such alterations, additions or improvements and with its removal respect to any Permitted Alterations, before commencement of Required Removablesthe work or delivery of any materials onto the Premises or into the Building, Tenant shall repair furnish to Landlord for approval (i) plans and specifications, (ii) names and addresses of contractors, (ill) copies of contracts, necessary permits and licenses and (iv) instruments of indemnification against any damage and all claims, costs, expenses, damages and liabilities which may arise in connection with such work, all in such form, substance and amount as may be satisfactory to Landlord. In addition, prior to commencement of any such work or delivery of any materials into the Premises, Tenant shall provide Landlord with appropriate evidence of Tenant’s ability to pay for such work and materials in full, and if requested by Landlord, shall deposit with Landlord at such time such security for the payment of said work and materials as Landlord may require. All alterations, additions and improvements shall be’ installed in a good, workmanlike manner and only new, high-grade materials shall be used. All such work shall be done only by contractors or mechanics approved by Landlord and shall be subject to Landlord’s scheduling requirements and regulations. Tenant further agrees to hold Landlord harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said alterations, additions or improvements. All contractors and subcontractors must execute a Tenant’s Contractor and Subcontractor Agreement prior to beginning any work on the Premises. Before commencing any to the Premises arising Building, including the Premises, occasioned by such alterations, additions and improvements work in connection with such alterations, additions or improvements, Tenant shall furnish Landlord with certificates of insurance from that removal all contractors performing labor or furnishing materials insuring Landlord against any and all liabilities which may arise out of or be connected in any way with said alterations, additions or improvements. Tenant shall restore permit Landlord to supervise construction operations in connection with the affected area foregoing work if Landlord requests to its pre-existing conditiondo so. Tenant shall pay the cost of all such alterations, additions and improvements, as well as the cost of decorating and repairing any damage, including the cost of labor and materials, contractors’ profits, overhead and general conditions, and a reasonable wear fee to Landlord. Upon completing any alterations, additions or improvements, Tenant shall furnish Landlord with contractors’ affidavits in form required by law, and tear exceptedfull and final waivers of lien and receipted bills covering all labor and materials expended and used. All alterations, additions and improvements shall comply with all insurance requirements and with all city and county ordinances and regulations and with the requirements of all state and federal statutes and regulations.

Appears in 2 contracts

Samples: Office Lease (ElectroCore, LLC), Office Lease (ElectroCore, LLC)

Alterations. Tenant shall not make no any alterations, additions, decorationsadditions or improvements to the Premises, or improvements (collectively referred to as “Alterations”) to the Premises change any plumbing or wiring, without the prior written consent of Landlord. Landlord may impose, as a condition Plans and specifications for such work shall be submitted to its consent, any requirements that Landlord in its discretion may deem reasonable or desirableadvance. No fixtures shall be removed from the Premises. Landlord shall have the right to approve Tenant’s contractors as well as the general manner and method in which such work is to be performed. Tenant shall use Landlordprovide Landlord with insurance certificates evidencing that all contractors and subcontractors have adequate workmen’s designated mechanical compensation insurance, and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable builder’s risk insurance satisfactory to Landlord. Any such improvements, including wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a part of the realty and belong to Landlord and shall be surrendered with the Premises. Upon the request of Tenant, Landlord shall notify Tenant, at the time the improvement is made, if said improvement will be entitled required to a supervision fee in be removed upon the amount of 5% expiration of the cost term. As of the Alterationscommencement date, there are no existing improvements that will be required to be removed by the Tenant upon the expiration of the term. Landlord may elect to cause its architect to review Upon the expiration of the term hereof, Tenant shall, upon written demand by Landlord, at Tenant’s architectural planssole cost and expense, and the reasonable cost of that review shall be reimbursed remove any alterations, additions or improvements made by Tenant. Should , that were (i) previously designated for removal by Landlord at the Alterations proposed time the improvement was made or (ii) designated to be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its sole cost and expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the names and addresses of the persons supplying labor and materials so that Landlord may give notice that it shall not be subject for any lien for Tenant’s work, in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from that removal time to time, and shall restore the affected area to its pre-existing conditionall similar applicable state and local laws, reasonable wear rules and tear exceptedregulations.

Appears in 2 contracts

Samples: Lease (Nivalis Therapeutics, Inc.), Lease (Nivalis Therapeutics, Inc.)

Alterations. All improvements to the leased premises shall be installed at the cost and expense of Tenant (which cost shall be payable on demand by Landlord as additional rent), but only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and only by Landlord or by contractors and subcontractors approved in writing by Landlord (which approval shall not be unreasonably withheld). In connection with any request for an approval of alterations by Tenant, Landlord may retain the services of an architect and/or engineer and Tenant shall make no reimburse Landlord for the reasonable fees of such architect and/or engineer. All alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. and partitions erected by Tenant shall use Landlord’s designated mechanical be and electrical contractorsremain the property of Tenant during the term of this Lease and Tenant shall, obtain unless Landlord elects at the time of approval or otherwise elects as hereinafter provided, remove all required permits for the Alterations alterations, improvements and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed partitions erected by Tenant and consented restore the leased premises to its original condition by Landlord change the floor plan date of termination of this Lease or upon earlier vacating of the Premisesleased premises; provided, then Tenant shallhowever, that, if at its expensesuch time Landlord so elects, furnish Landlord with as-built drawings such alterations, additions, improvements and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, partitions shall become the property of LandlordLandlord as of the date of termination of this Lease or upon earlier vacating of the leased premises and title shall pass to Landlord under this Lease as by a bxxx of sale. Such Alterations All such removals and restoration shall be surrendered with accomplished in a good workmanlike manner by contractors approved in writing by Landlord so as not to damage the Premises at the end primary structure or structural qualities of the TermBuilding. All alterations, except that Landlord mayadditions or improvements proposed by Tenant shall be constructed in accordance with all governmental laws, by notice to ordinances, rules and regulations and Tenant given at least 30 days shall, prior to construction, provide such assurances to Landlord, including but not limited to, waivers of lien and surety company performance bonds, as Landlord shall require to assure payment of the Expiration Datecosts thereof and to protect Landlord against any loss from any mechanics', require Tenant to remove by the Expiration Datelaborers', materialmen's or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedother liens.

Appears in 2 contracts

Samples: Lease Agreement (Entrade Inc), Lease Agreement (Entrade Inc)

Alterations. Tenant Notwithstanding anything in this Sublease to the contrary, except as otherwise expressly provided in this Section 9, Subtenant shall not make no any alterations, additions, decorationsimprovements, or improvements additions to the Sublease Space (collectively referred to as “Alterations”) to the Premises without the prior written consent of Sublandlord and of Landlord. Landlord Subtenant shall reimburse Sublandlord for all out-of-pocket costs payable by Sublandlord with regard to reviewing any proposed Alterations and all other reasonable out-of-pocket costs Sublandlord may imposeincur in connection with reviewing Subtenant’s proposed Alterations including, as a condition without limitation, fees and costs for engineers, architects, attorneys and other consultants. Upon expiration of the Sublease Term, to the extent allowed under the Prime Lease, Subtenant shall remove (i) all of its consenttrade fixtures and personal property from the Sublease Space and repair any damage resulting from such installation or removal, any requirements and (ii) upon request from Sublandlord or Landlord, all Alterations that either had not been approved by Sublandlord and/or Landlord in its discretion may deem reasonable writing, or desirablefor which Sublandlord or Landlord required their removal at the time they granted their consent in connection therewith, and Subtenant shall promptly restore the Sublease Space to the condition then existing prior to such removal. Tenant shall use Landlord’s designated mechanical and electrical contractorsNotwithstanding anything in this Sublease to the contrary, obtain all required permits for if Landlord notifies Sublandlord to remove any Alterations at the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% expiration or earlier termination of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the PremisesPrime Lease, then Tenant shallSubtenant, at its sole cost and expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systemsshall remove such Alterations before the Expiration Date or earlier termination of this Sublease. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided The obligations set forth in the Work Letter), but excluding moveable trade fixtures and furniture, preceding sentence shall become survive the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, termination or sooner termination date expiration of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedSublease.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Verrica Pharmaceuticals Inc.)

Alterations. Within a reasonable time period following Landlord’s receipt of a written request by Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) any repairs to the Premises without required of Tenant by the prior written consent terms of Landlord. this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may imposemake the repairs, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. and Tenant shall use Landlord’s designated mechanical and electrical contractorspay the reasonable cost of the repairs, obtain all required permits for the Alterations and shall perform the work in compliance together with all applicable laws, regulations and ordinances with contractors reasonably acceptable a reasonable administrative charge not to Landlord. Landlord shall be entitled exceed to a supervision fee in the amount of 510% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedrepairs.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Netsuite Inc)

Alterations. Except for alteration projects costing less than $5,000.00 and satisfying the criteria in the next following sentence (which work shall require notice to Landlord, but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, and utilize only building standard materials. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all work affecting the mechanical or electrical systems of the Building. Should Tenant perform any work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations work and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5% %) of the cost of the Alterationswork. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. In no event shall Tenant prosecute any alteration work that results in picketing or labor demonstrations in or about the Building or Project. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations work proposed by Tenant and consented to by Landlord change modify the floor plan internal configuration of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations alterations, additions or improvements affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time of Landlord’s consent to the Expiration Datealteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone alterations, decorations, fixtures, additions, improvements and data cabling) the like installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”)request. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt payment from Tenant of the cost thereof, inclusive of the standard coordination fee of Landlord’s management agent.

Appears in 2 contracts

Samples: Office Space Lease (Intercept Pharmaceuticals Inc), Office Space Lease (Intercept Pharmaceuticals Inc)

Alterations. Other than in connection with Tenant's Work, Tenant shall not make no alterationsany structural alterations in any portion of the Premises, additionsnor make any alterations in the storefront or the exterior of the Premises, decorationswithout Landlord's prior written consent, which consent may be withheld by Landlord in its sole discretion. Tenant shall not make any interior alterations affecting the common utility or improvements common mechanical systems of the Project (collectively referred to as “Alterations”) to including, without limitation electrical, plumbing or heating, ventilating and air conditioning systems), without first obtaining the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Landlord agrees that Tenant may imposemake interior, as a condition to its non-structural alterations which do not affect the common utility or mechanical systems of the Project without Landlord's consent, any requirements provided that all such alterations comply with applicable codes and provided Tenant gives Landlord in its discretion may deem reasonable or desirableprior written notice of said proposed alterations. Tenant All alterations, additions and improvements provided for herein shall use Landlord’s designated mechanical and electrical contractorsbecome, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable lawsupon completion, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of LandlordLandlord subject to the terms of this Lease. Such Alterations shall be surrendered with At the Premises at the end expiration of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, Lease or sooner earlier termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either unless non-removal by Tenant or was agreed to by Landlord at Tenant’s request (collectively, the “Required Removables”). In in connection with its removal of Required Removablesthe Landlord's initial approval, Tenant shall promptly remove all alterations, additions and improvements and any other property placed in the Premises by Tenant and Tenant shall repair any damage caused by such removal. Tenant shall not be required to remove any alterations, additions and improvements unless, within thirty days prior to the Premises arising from expiration of the Term, Landlord advises Tenant that removal it desires for Tenant to remove such alterations, additions or improvements and Tenant shall restore the affected area not in any event be required to its pre-existing condition, reasonable wear and tear exceptedremove any structural improvements.

Appears in 2 contracts

Samples: Retail Lease (New York Restaurant Group Inc), Retail Lease (Smith & Wollensky Restaurant Group Inc)

Alterations. Tenant shall not make no any alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) in or to the Leased Premises without the prior written consent of Landlord. , which consent may be subject to such conditions as Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable appropriate but which consent shall not be unreasonably withheld or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlorddelayed. Landlord shall be entitled use its best efforts to a supervision fee expedite review and approval of Tenant's alteration plans when Tenant's schedule requires expedited review. Except as otherwise expressly provided in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansTenant Improvements Provisions, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and any such alterations, additions or improvements consented to by Landlord change the shall be made at Tenant's sole cost and expense. Tenant shall secure any and all governmental permits, approvals or authorizations required in connection with any such work, and shall hold Landlord harmless from any and all liability, costs, damages, expenses (including attorneys' fees) and any and all liens resulting therefrom. All alterations, additions and improvements (and expressly including all light fixtures and floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Lettercoverings), but excluding moveable except trade fixtures and furnitureother equipment which do not become a part of the Leased Premises, shall immediately become the property of Landlord without any obligation to pay therefore. Upon the expiration or sooner termination of the Term, Tenant shall, upon written demand by Landlord. Such Alterations shall be surrendered with the Premises , given at least thirty (30) days prior to the end of the Term, except that Landlord may, by notice to at Tenant's sole cost and expense forthwith remove any trade fixtures of Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or designated by Landlord at to be removed, but not alterations, additions or improvements made by Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, and Tenant shall forthwith at its sole cost and expense, repair any damage to the Leased Premises arising from that caused by such removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedof trade fixtures.

Appears in 2 contracts

Samples: Lease (Eschelon Telecom Inc), Eschelon Telecom Inc

Alterations. Tenant shall may not make no any changes, additions, alterations, improvements or additions to the Premises or attach or affix any articles thereto without Landlord’s prior written consent. All alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to which may be made upon the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then or Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable unattached trade fixtures and furnitureoffice furniture and equipment owned by Tenant) shall not be removed by Tenant, but shall become and remain the property of Landlord. Such Alterations All alterations, improvements, and additions to the Premises (as permitted by Landlord) shall be surrendered with done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may approve. If Tenant shall make any alterations, improvements or additions to the Premises Premises, Landlord may require Tenant, at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date expiration of this Lease, all to restore the Premises to substantially the same condition as existed at the commencement of the Term. Any mechanics or any Alterations (including without limitation all telephone and data cabling) installed either materialmen’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten (10) days following the earlier of the date Landlord receives (1) notice of intent to file a lien or by (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s request expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within ten (collectively, the “Required Removables”). In connection with its removal 10) days following Tenant’s receipt of Required Removables, Tenant shall repair any damage to the Premises arising a xxxx from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedLandlord.

Appears in 2 contracts

Samples: Office Building Lease (LifeCare Holdings, Inc.), LifeCare Holdings, Inc.

Alterations. Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. If any such improvement requires approval by or notice to the lessor of a superior lease or the holder of a mortgage, no work shall proceed until such approval has been received or such notice has been given. Landlord may impose, as a condition to its consent, any requirements that Landlord Landlord, in its discretion discretion, may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time and contractor for performance of the work. Landlord may require that Tenant enter into an agreement with Landlord for the work to be performed by Xxxxxxxx's contractor, in which event Tenant shall use pay to Landlord’s designated mechanical and electrical contractors, the cost of construction as incurred by Landlord. Should Landlord authorize Tenant to perform the work with a contractor approved by Landlord, Tenant shall obtain all required permits for the Alterations work and shall perform the work in `compliance with all applicable laws, regulations and ordinances with contractors ordinances. of Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Xxxxxxxx's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably acceptable satisfactory to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations alterations, additions or improvements affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time of Landlord's consent to the Expiration Datealteration or improvement, require Tenant to remove by the Expiration Date, Date or sooner termination date of this Lease, Lease all or any Alterations (including without limitation all telephone alterations, decorations, fixtures, additions, improvements and data cabling) the like installed either by Tenant or by Landlord at Tenant’s request (collectively's request, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall and to repair any damage to the Premises arising from that removal removal. Landlord may require Tenant to remove an improvement provided its part of the initial build-out pursuant to Exhibit H, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Within thirty (30) days after completion of Tenant's alterations requiring the submission of plans to Landlord, Tenant shall restore the affected area furnish to its preLandlord a complete set of "as-existing condition, reasonable wear built" plans and tear exceptedspecifications.

Appears in 2 contracts

Samples: Assignment of Lease (NBC Internet Inc), Xoom Inc

Alterations. Tenant shall not make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed alterations to the Premises, including without limitation all Tenant Improvements constructed pursuant any changes to the Work Letter existing landscaping, without Landlord's prior written consent. Tenant may make non-structural alterations costing less than $50,000 per event without Landlord's consent. Regardless of whether Landlord's consent for alteration is required, Tenant must provide Landlord at least fifteen (except as otherwise provided 15) business days prior to the commencement of any alteration with a complete description of each such alteration including any building permit drawing(s) and specifications. Landlord may post notices regarding non-responsibility in accordance with the Work Letter)laws of the state in which the Premises are located. All alterations made by Tenant, but excluding moveable trade fixtures and furniturewhether or not subject to the approval of Landlord, shall become the property of Landlordbe performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Such Alterations Any alterations made shall remain on and be surrendered with the Premises at the end upon expiration or termination of the Termthis Lease, except that Landlord may, by notice in connection with Tenant's request for Landlord's approval of any such alteration, elect to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by some or all of the Expiration Date, or sooner termination date of this Lease, all or any Alterations alterations which Tenant may have made to the Premises (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”"REQUIRED REMOVABLES"). In connection with its removal of Required RemovablesIf Landlord so elects, Tenant shall repair any damage at its own cost restore the Premises to the Premises arising from that removal condition designated by Landlord in its election or pursuant to any prior approval, before the last day of the Term. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall restore complete such alterations with due diligence in compliance with plans and specifications approved by Landlord (if required). Tenant shall pay all costs for such construction and shall keep the affected area Premises free and clear of all mechanics' liens which may result from construction by Tenant. Tenant's property shall include, without limitation, Tenant's furniture, furnishings, business machines and equipment, computer conduits, communications equipment and such other property as may be required in the conduct of Tenant's business. Tenant shall have the right, but not the obligation (except at the expiration or prior termination of the Term), to its pre-existing conditionremove the same at any time, reasonable wear to finance the purchase thereof, to grant security interests therein and tear exceptedto otherwise encumber same.

Appears in 2 contracts

Samples: WWW Holdings Inc, Earthlink Inc

Alterations. Tenant shall may make no alterations, improvements, additions, decorationsinstallations, or improvements changes to the Premises (collectively referred to as any of the preceding, “Alterations”) only if: (i) Tenant first obtains Landlord’s written consent (which consent may not unreasonably be withheld, conditioned, or delayed), (ii) Tenant complies with all conditions, which may be imposed by Landlord, including but not limited to Landlord’s selection of specific contractors or construction techniques (but Landlord may not unreasonably impose such restrictions), and (iii) Tenant pays to Landlord the Premises without the reasonable costs and expenses of Landlord for architectural, engineering, or other consultants which reasonably may be incurred by Landlord in determining whether to approve any such Alterations. At least 30 days before making any Alterations, Tenant shall submit to Landlord, in written form, proposed detailed plans of such Alterations. Tenant shall, before commencing any Alterations, at Tenant’s sole cost, (i) acquire (and deliver to Landlord a copy of) a permit from appropriate governmental agencies to make such Alterations (any conditions of which permit Tenant shall comply with, at Tenant’s sole cost, in a prompt and expeditious manner), (ii) provide Landlord with 10 days’ prior written consent notice of Landlord. the date the installation of the Alterations is to commence, which notice must explicitly remind Landlord may imposeto post and record an appropriate notice of non-responsibility, as a condition and (iii) obtain (and deliver to its consent, Landlord proof of) reasonably adequate workers compensation insurance with respect to any requirements that Landlord in its discretion may deem reasonable of Tenant’s employees installing or desirable. involved with such Alterations (which insurance Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work maintain in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost force until completion of the Alterations). Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review All Alterations shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall upon installation become the property of Landlord. Such Alterations Landlord and shall remain on and be surrendered with the Premises at the end on termination of the Termthis Lease, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Dateits election, require Tenant to remove any or all of the Alterations, by so notifying Tenant in writing at the time Landlord consents to the Alteration, in which event, Tenant shall, at its sole cost, on or before the Expiration Date, Date or sooner earlier termination date of this Lease, repair and restore the Premises to the condition of the Premises prior to the installation of the Alterations which are to be removed. Tenant shall pay all costs for Alterations and other construction done or caused to be done by Tenant and Tenant shall keep the Premises free and clear of all mechanics’ and materialmen’s lien’s resulting from or relating to any Alterations (including without limitation all telephone or other construction. The term “Alteration” does not include any of the following that are paid for and installed by Tenant and Tenant may remove any of the following that are paid for and installed by Tenant at any time: Tenant’s personal property, equipment, capital equipment, fume hoods, fume snorkels, de-ionized water skids, vacuum pumps, dehumidification units, uninterruptible power supplies, warehouse racks, parts racks, scientific research equipment, portable cold rooms, moveable unattached lunch room and office furnishings and equipment, telecommunications and data equipment (other than cabling) installed either by Tenant or by Landlord at Tenant’s request ), machine shop tools and portable equipment, portable glass wash equipment, equipment monitoring systems, air compressors and emergency generators (collectively, the “Required RemovablesEquipment”). In connection Notwithstanding the foregoing, if installation of any of the Equipment materially effects any of the improvements within the Project, the installation itself (but not the Equipment) is considered an Alteration and subject to the requirements of this Article 13. Landlord acknowledges that Landlord has no lien, right, claim, interest or title in or to the Equipment, except to the extent remaining at the Project after termination of this Lease. Tenant may grant a security interest in the Equipment. Within 14 days following Tenant’s written request, Landlord shall execute an acknowledgement of the foregoing in a commercially reasonable form for the benefit of the secured party under a security interest granted in accordance with its removal of Required Removablesthe preceding sentence, Tenant shall repair any damage allowing the secured party or equipment lessor access to the Premises arising from that for removal and shall restore of the affected area Equipment, subject to its pre-existing condition, Landlord’s reasonable wear and tear exceptedrestrictions.

Appears in 2 contracts

Samples: Lease Agreement (Phenomix CORP), Sublease Agreement (Anadys Pharmaceuticals Inc)

Alterations. Tenant Subject to the terms and provisions of this Sublease, Subtenant shall accept the existing improvements to the Premises in their “as is” condition as of the date hereof and shall have no obligation to remove those existing improvements at the end of the Term. Additionally, Subtenant shall have no obligation to remove the existing raised flooring at the end of the Term. Subtenant shall make no other alterations, additionsinstallations, decorations, additions or improvements (collectively referred to as collectively, “Alterations”) to in or about the Premises without the prior written consent of Prime Landlord in each instance as provided in the Prime Lease, it being understood that any Alterations consented to by Prime Landlord shall be deemed to have been consented to by Sublandlord provided and on condition that (a) Prime Landlord’s consent states that neither Subtenant nor Sublandlord shall be required to restore the Premises upon expiration or earlier termination of this Sublease to the condition prior to such installation of Alteration and (b) all requests for such consent shall be delivered to Sublandlord for delivery to Prime Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use If Prime Landlord’s designated mechanical consent does not so state, then Sublandlord’s consent to such alterations shall not be unreasonably withheld, conditioned or delayed. All Alterations shall be performed by Subtenant at its sole cost and electrical contractors, obtain all required permits for the Alterations expense and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost provisions of the Prime Lease, including the provisions requiring Prime Landlord’s prior written consent. In the event that Subtenant shall make any Alterations. , Subtenant shall, if required by Prime Landlord may elect and Sublandlord, upon consent for making such Alteration, restore the Premises to cause its architect to review Tenant’s architectural plans, and their original condition at the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan commencement of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Sublease (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted) at the expiration of this Sublease. Subtenant will only be required to restore Specialty Alterations (as defined in the Prime Lease) if required by Prime Landlord. Subtenant hereby indemnifies and holds Sublandlord harmless from any liability, it may incur to Prime Landlord or others resulting from Subtenant’s Alterations.

Appears in 2 contracts

Samples: HTM Sublease Agreement, Sublease (Getty Images Inc)

Alterations. Except for cosmetic alteration projects that do not exceed $20,000.00 during each calendar year and that do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review TenantTxxxxx’s architectural plans, and the reasonable cost of that review shall be reimbursed by TenantTxxxxx. Should the Alterations proposed by Tenant Txxxxx and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Datetime of Landlord’s approval, require Tenant to remove by the Expiration Date, Date or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cablingany Tenant Improvements constructed pursuant to the Work Letter) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Lease (Robot Cache US Inc.), Lease (Robot Cache US Inc.)

Alterations. Tenant All alterations, additions and improvements, except trade fixtures, installed at expense of Tenant, shall make no become the property of Landlord and shall remain upon and be surrendered with the leased premises as a part thereof on the termination of this lease. Such alterations, additions, decorations, or and improvements (collectively referred to as “Alterations”) to the Premises without may only be made with the prior written consent of Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord may imposea certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, as on or off the leased premises, in connection with the making of such improvements or alteration. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by Tenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a condition manner that the roof shall not be damaged thereby. If it becomes necessary to its consentremove such cooling tower, equipment or structure temporarily so that repairs to the roof can be made, Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's expense and repair at Tenant's expense any requirements that Landlord in its discretion may deem reasonable damage resulting from such removal or desirablereinstallation. Upon termination of this lease, Tenant shall remove or cause to be removed from the roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant shall use Landlord’s designated mechanical promptly repair at its expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and electrical contractorscondition, obtain all required permits for natural deterioration only excepted. Any damage caused by the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord installation of trade fixtures shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review repaired at Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days 's expense prior to the Expiration Dateexpiration of the lease term. All alterations, require Tenant to remove by the Expiration Dateimprovements, or sooner termination date of this Leaseadditions, all or any Alterations (including without limitation all telephone and data cabling) installed either repairs made by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal be made in good and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedworkmanlike manner.

Appears in 2 contracts

Samples: Commercial Lease, Commercial Lease

Alterations. Tenant shall not make no alterations, additions, decorations, or improvements any alterations to the Premises (collectively referred to as “Alterations”) without Landlord’s prior written consent, which consent shall not be unreasonably withheld, provided however that Tenant may make non-structural alterations costing less than $10,000 per event without Landlord’s consent. Regardless of whether Landlord’s consent for an Alteration is required, Tenant must provide Landlord at least fifteen (15) business days prior to the Premises without the prior written consent commencement of Landlordany Alteration with a complete description of each such Alteration including any building permit drawing(s) and specifications. Landlord may imposepost notices regarding non-responsibility in accordance with the laws of the state in which the Premises are located. All Alterations made by Tenant, as a condition whether or not subject to its Landlord’s consent, any requirements that Landlord shall be performed by Tenant and its contractors in its discretion may deem reasonable or desirable. Tenant a first class workmanlike manner and permits and inspections shall use Landlord’s designated mechanical and electrical contractors, obtain be obtained from all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlordgovernmental entities. Landlord shall be entitled respond to a supervision fee in the amount Tenant within fifteen (15) business days of 5% actual receipt of the cost of the Tenant’s written request for consent to any Alterations. If Landlord may elect fails to cause its architect to review Tenant’s architectural plansrespond within thirty (30) days of actual receipt, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises deemed approved and not subject to removal at the end of the Term. At the time Landlord gives its consent to any Alterations, except it shall designate whether Tenant will be required to remove some or all of such Alterations upon the expiration or termination of this Lease or whether Tenant will be able to leave the Alterations and surrender them with the Premises. Everything else notwithstanding, in no event will Tenant be required to remove or restore Alterations that are generic office tenant improvements or engineering (dry) labs. Landlord may, by notice to Tenant given at least 30 upon 60 days prior to written notice before the Expiration Dateexpiration of the Term, require Tenant to remove some or all of the Alterations for which Landlord’s consent was not previously requested. Before the last day of the Term, Tenant shall at its own cost also remove those Alterations for which Landlord previously notified Tenant removal would be required. If Landlord so elects, Tenant shall at its own cost restore those Alterations for which consent was not previously requested to the condition designated by Landlord in its election, before the last day of the Term. Should Landlord consent in writing to Tenant’s Alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such Alterations, shall secure all appropriate governmental approvals and permits, and shall complete such Alterations with due diligence in compliance with plans and specifications approved by Landlord. Tenant shall pay all costs for such construction and shall keep the Premises free and clear of all mechanics’ liens which may result from construction by Tenant. Notwithstanding anything in this Lease to the contrary, Landlord will inspect the existing alterations and improvements in the Premises within ninety (90) days of the date the Lease is executed in full by both parties, and Tenant shall not be obligated to remove any elements of the existing alterations and improvements that Landlord approves, but subject to the paragraph immediately above, shall be obligated to remove as of the Expiration DateDate of this Lease any alterations and improvements to the Premises made subsequent to the Commencement Date of the Prior Lease (as defined below) which Landlord has not approved in writing. If Landlord fails to inspect or provide written notice regarding its approval to Tenant within the ninety (90) day period described above, or sooner termination date all existing alterations and improvements shall be deemed approved and need not be removed as of the Expiration Date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Lsi Logic Corp, Lsi Logic Corp

Alterations. Except for Pre-Approved Alterations, Tenant shall will not make no or suffer to be made any major alterations, additions or improvements to or of the Demised Premises or any part of the Demised Premises, or attach any fixtures or equipment to the Demised Premises, without first obtaining Landlord’s written consent. All such alterations, additions and improvements consented to by Landlord will be performed by contractors and subject to conditions specified by Landlord (which may include Landlords approval of Tenants contractors, requiring the posting of a mechanic’s or materialmen’s xxxx xxxx, Insurance naming Landlord as “Additional Insured”). Subject to Tenant’s rights in Article 16.00, all alterations, additions, decorationsfixtures and improvements, whether temporary or improvements (collectively referred to as “Alterations”) to permanent in character, made in or upon the Demised Premises without the prior written consent of either by Tenant or Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use will immediately become Landlord’s designated mechanical property and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord mayTerm will remain on the Demised Premises without compensation to Tenant. Other than Pre-Approved Alterations, by notice given to Tenant given at least 30 no less than ten (10) days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date expiration of this Lease, Landlord may require that Tenant remove any or all alterations, additions, fixtures and improvements which are made in or any Alterations (including without limitation all telephone upon the Demised Premises after the initial improvements to the Demised Premises unless specified to the contrary they shall be removed by Tenant. In that event, Tenant will remove such alterations, additions, fixtures and data cabling) installed either by Tenant or by Landlord improvements at Tenant’s request (collectively, sole cost and will restore the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage Demised Premises to the Premises arising from that removal condition in which they were before such alterations, additions, fixtures, improvements and shall restore the affected area to its pre-existing conditionadditions were made, reasonable wear and tear excepted. For the purposes of this Lease, Pre-Approved Alterations shall mean those alternations described in the Tenant’s Work Exhibit attached hereto as Exhibit C. Such Pre-Approved Alterations are hereby approved by the written consent of the Landlord and shall not require removal at the expiration of this Lease.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Acacia Communications, Inc.)

Alterations. Tenant shall make no alterations, additions, decorations, changes in or improvements (collectively referred to as “Alterations”) to the Demised Premises of any nature without Landlord’s prior written consent provided, however, that Tenant may make purely decorative changes such as painting and installation of partitions and carpeting without Landlord’s consent, but upon notice to Landlord. Subject to the prior written consent of Landlord, not to be unreasonably withheld or delayed and to the provisions of this Article, Tenant at Tenant’s expense, may make non-structural alterations, installations, additions or improvements which do not affect utility services or plumbing and electrical lines, in or to the interior of the Demised Premises using licensed and reputable contractors or mechanics first approved by Landlord, not to be unreasonably withheld or delayed. Landlord may impose, as a condition to its consent, shall not charge Tenant any requirements that Landlord in its discretion may deem reasonable fee or desirableother charge for the supervision of Tenant’s initial improvements. Tenant shall use not be responsible for Landlord’s designated mechanical security costs, during normal business hours, during the construction of Tenant’s initial improvements or initial alterations and electrical contractorsfor Tenant’s initial move into the Building. All labor employed by Tenant shall be harmonious and compatible with the labor employed by Landlord and other tenants in the Building, obtain all required permits it being agreed that if such labor shall be incompatible, Tenant shall forthwith on Landlord’s demand withdraw such labor from the Demised Premises. Tenant may use its own contractor(s), subject to Landlord’s prior reasonable approval thereof, for the Alterations and shall perform the performing any work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlordor from the Demised Premises. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord. Tenant agrees to carry and will cause Tenant’s contractors and sub-contractors to carry such xxxxxxx’x compensation, general liability, personal and property damage insurance as Landlord with as-built drawings and CAD disks compatible with Landlord’s systemsmay require. Unless Landlord otherwise agrees As a condition to Tenant performing any work or alterations in writing, all Alterations affixed or to the Demised Premises and prior to the commencement of any such work or alterations, Tenant shall furnish a contractor’s performance and payment bond guaranteeing lien free completion of the work or alterations and payment of obligations to its sub-contractors and suppliers. The amount, form and substance of such bond shall be reasonably acceptable to Landlord, providing for a direct right of action against the surety by a claimant, naming Landlord and its Superior Mortgagee as co-obligees, and shall be underwritten by a surety company authorized to do and doing business in the State of New York and with a “Best” rating of A, or better. Tenant shall not file any mechanic’s, laborer’s or materialman’s lien, or suffer or permit any such lien to be filed against the Demised Premises, including the Building or any part thereof by reason of work, labor, services, or materials requested and/or supplies claimed to have been requested by or on behalf of Tenant; and if such lien shall at any time be so filed, within thirty (30) days after said filing Tenant shall cause said lien to be canceled and discharged of record. To the extent Tenant fails to remove any mechanic’s, laborer’s or materialman’s lien filed against the Demised Premises, including the Building or any part thereof within the time period set forth above, the same shall be deemed a default hereunder entitling Landlord to all rights and remedies pursuant to law and this Lease including without limitation the right to arrange to bond or pay the amount of such claim upon which the lien is based and/or utilize the Security (as defined below) therefor and Tenant shall thereafter pay and be liable to Landlord for the amount so paid by Landlord, as additional rent, immediately upon demand, together with interest thereon at the highest rate permissible by law and all costs and expenses, including reasonable attorneys’ fees incurred by Landlord in procuring the discharge of such lien, shall be due and payable by Tenant Improvements constructed pursuant to Landlord as additional rent upon demand of Landlord. The provisions of this paragraph shall survive the termination of this Lease. All fixtures and all paneling, partitions, equipment, railings and like installations, installed in the Demised Premises at any time, either by Tenant or by Landlord on Tenant’s behalf, shall be removed by Tenant on or prior to the Work Letter Expiration Date. Landlord hereby requires Tenant, at Tenant’s expense, to remove all switching equipment and wiring and other equipment appurtenant thereto and the HVAC system prior to the expiration of this Lease. Notwithstanding anything contained herein to the contrary, the Improvements (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures hereinafter defined) (i) are and furniture, shall become remain the property of Landlord. Such Alterations , (ii) shall be surrendered by Tenant together with the Demised Premises at the end of the Termterm, except that Landlord may, by notice to in accordance with Article 24 hereof and in no event shall Tenant given at least 30 days prior to remove the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Improvements. Upon Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removablesany furniture, fixtures, equipment and installations from the Demised Premises as aforesaid, Tenant shall immediately and at its expense, repair and restore the Demised Premises (and/or the Building, as the case may be) to the condition existing prior to installation and repair any damage to the Demised Premises arising or the Building due to such removal. All property to be removed by Tenant at the end of the term remaining in the Demised Premises after the Expiration Date shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord’s property or removed from that removal the Demised Premises by Landlord, at Tenant’s expense. Commencing on the first anniversary of the Commencement Date and continuing annually thereafter throughout the term of this Lease, Tenant shall restore submit to Landlord a structural inventory. Landlord shall also have the affected area right, on an annual basis, to access the Demised Premises, subject to the provisions of Article 13 hereof, in order to review Tenant’s structural loading. Tenant has submitted all plans and specifications as Landlord shall require in connection with Tenant’s request for Landlord’s approval of the work Tenant requires to make to the Demised Premises suitable for its pre-existing conditionoccupancy and use (“Initial Alteration Work”), reasonable wear and tear exceptedLandlord agrees to notify Tenant of its approval or disapproval within ten (10) business days of full execution hereof. All costs and expenses associated with the review of the Initial Alteration Work shall be paid by Tenant in accordance with the provisions of Article 43 of this lease. Subject to all applicable laws, and the provisions of this lease, Tenant may perform the Initial Alteration Work twenty four (24) hours per day, seven (7) days per week. Tenant shall be required to use the Building’s Class E System contractor for all interfacing with the fire detection system as well as the electrical contractor for work in the Demised Premises. With respect to any proposed work, Tenant shall, submit (a) “load letter” evidencing Tenant’s proposed floor and electrical loads and (b) final “as built” plans.

Appears in 2 contracts

Samples: www.sec.gov, Office Lease (Neutral Tandem Inc)

Alterations. Tenant Except in the event of an emergency, Lessee shall not make no or suffer to be made, any alterations, additionsadditions or utility installations ("an Alteration") on or about said Premises which violate any ordinance, decorationsstatute law, rule or improvements regulation (collectively referred to as “Alterations”) including without limitation the Americans With Disabilities Act). Further, any Alteration on or to the Premises shall not be made without the prior written consent of LandlordLessor. Landlord may impose, as a condition to its consentLessor's prior written consent shall not be necessary for emergency repairs. Unless otherwise agreed in writing by Lessor and Lessee, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the said Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings except movable furniture and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniturefixtures, shall become at once a part of the property realty and belong to Lessor. Lessor shall have the right to increase the security deposit under paragraph 2 hereof in an amount reasonably calculated in good faith by Lessor to cover the cost to repair the altered portion of Landlordthe Premises to its original condition, and Lessee covenants to immediately remit to Lessor such increased security deposit. Such Alterations Lessee shall furnish Lessor with plans and specifications or other detailed information covering such work, and, upon Lessor's written request, furnish Lessor with a lien and completion bond to insure payment of the costs thereof. Any and all costs of such Alterations, additions or installation shall be surrendered with borne and paid, on or before the due date, by Lessee. Upon the termination of this Lease for any reason, Lessee shall be required at Lessor's option (to be exercised at any time) to remove said Alterations from the Premises and to restore said Premises to their original condition at the sole cost of Lessee. Upon the failure of Lessee to restore the Premises to their original condition, Lessor may utilize the security deposit or any portion thereof to restore the Premises or correct any loss or damage to the Premises at the end sole cost of Lessee. Notwithstanding the foregoing sentence, if Lessee anticipates that it would prefer to leave in place as a part of the TermPremises any Alteration, except then concurrently with Lessee's request for approval of such Alteration, Lessee shall request of Lessor that Landlord may, by notice Lessor consent to Tenant given at least 30 days prior to such Alteration remaining as a part of the Expiration Date, require Tenant to remove by Premises upon the Expiration Date, or sooner termination date of this Lease. Lessor may give or withhold such consent, all in whole or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectivelypart, acting in a commercially reasonable manner. If Lessor does not so consent then Lessee shall comply with the “Required Removables”). In connection with its removal preceding provisions of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedthis paragraph 7.

Appears in 2 contracts

Samples: Decrane Holdings Co, Decrane Aircraft Holdings Inc

Alterations. Tenant shall not make no or suffer to be made any alterations, additions, decorationsor improvements which are structural in nature or which affect utility lines or equipment serving other portions of the property, Building or in, on, or improvements (collectively referred to as “Alterations”) to the Premises or any part thereof or make any improvements without the prior written consent of Landlord, which may be withheld in Landlord’s reasonable discretion. Landlord may impose, as a condition to its When applying for such consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expenseif requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. In the event Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed consents to the Premisesmaking of any such alteration, including without limitation all Tenant Improvements constructed pursuant to addition or improvement by Tenant, the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations same shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice made using a contractor acceptable to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectivelysole cost and expense. All alterations, additions or improvements performed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide to Landlord waivers of lien to protect Landlord against any loss from any mechanics’, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Paragraph 5 or 6 above any increase in real estate taxes attributable to any such alteration, addition, or. improvement for so long, during the “Required Removables”)Term, as such increase is ascertainable. In connection with its removal Upon the expiration or sooner termination of Required Removablesthe Term as herein provided, Tenant shall upon demand by Landlord, at Tenant’s sole cost and expense, forthwith and with all due diligence remove any such alterations, additions or improvements which are designated by Landlord to be removed, and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair any damage to and restore the Premises arising from that removal and shall restore the affected area to its pre-existing their original condition, reasonable wear and tear exceptedand loss by casualty excepted Any alteration, additions or improvements to be done by Tenant or Landlord as part of Tenant’s initial occupancy shall be specified in Exhibit B. Any alteration, addition, or improvement in, on, or to the Premises including carpeting, but excepting movable furniture, personal property, and trade fixtures of Tenant, which are removable without material damage to the property or the Premises, shall be and remain the property of Tenant during the Term but shall, unless Landlord elects otherwise, become a part of the realty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Term and title shall pass to Landlord under this Lease as by a xxxx of sale.

Appears in 2 contracts

Samples: Agreement of Lease (Avago Technologies LTD), Lease Agreement (Cyoptics Inc)

Alterations. Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Datetime of Landlord’s approval, require Tenant to remove by the Expiration Date, Date or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cablingany Tenant Improvements constructed pursuant to the Work Letter) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Lease (Medicinova Inc), Lease (Acacia Research Corp)

Alterations. Except for cosmetic alterations and projects that do not exceed $50,000.00 during any calendar year of the Term, that do not require a permit from the City of Irvine and that satisfy the criteria in the next following sentence (which cosmetic work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. For all Alterations that require the prior written consent of Landlord, Landlord’s consent shall not be unreasonably withheld, conditioned or delayed as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). For all Alterations that require the prior written consent of Landlord, Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, provided that, for projects that do not exceed $100,000.00, Landlord shall not require Tenant to post a lien or completion bond. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 53% of the cost of the Alterations. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect and/or engineers to review Tenant’s architectural architectural, mechanical and electrical plans, and the reasonable cost of that review shall be reimbursed by Tenant. Tenant Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and fixtures, furniture, office/telephone equipment, computers and other personal property shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 45 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements made by Tenant with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable and Landlord shall advise Tenant as to which Alteration or any portion thereof shall be deemed a Required Removable within 10 days after receipt of Tenant’s request. If Landlord fails to respond to any request for consent within the 10 day period set forth in the preceding sentence, Tenant shall have the right to provide Landlord with a second request for consent. Tenant’s second request for consent must specifically state that Landlord’s failure to respond within a period of 5 days shall be deemed to be an approval by Landlord. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Lease (Inari Medical, Inc.), Lease (Inari Medical, Inc.)

Alterations. Tenant shall make no alterations, additions, decorationschanges, alterations or improvements (collectively referred "Work") to as “Alterations”) the Premises or any electrical, mechanical or fire protection facilities pertaining to the Premises without the prior written consent of Landlord. All Work shall be at Tenant's sole cost and shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to those in the Premises and the Building and shall be in accordance with plans and specifications approved by Landlord, and Landlord may imposerequire that all Work be performed under Landlord's supervision. In any case, as Tenant shall pay Landlord a condition reasonable fee to its consent, cover Landlord's overhead or third-party costs in reviewing Tenant's plans and specifications and performing any requirements that Landlord in its discretion may deem reasonable or desirablesupervision of Work. Tenant shall use maintain a safe working environment, including the continuation of all fire and security protection devices, if any, previously installed in the Premises by Landlord’s designated mechanical . All damages or injury done to the Premises or the Building Complex by Tenant or by any persons who may be in or upon the Premises or the Building Complex with the express or implied consent of Tenant, including but not limited to the cracking or breaking of any glass windows and electrical doors, shall be paid for by Tenant and Tenant shall pay for all damage to the Building Complex caused by acts or omissions of Tenant or Tenant's officers, contractors, obtain all required permits subcontractors, agents, invitees, licensees, employees, successors or assigns. If Landlord consents to or supervises any Work by Tenant, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the Alterations same, except with respect to Landlord's intentional misconduct. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of any Work. All alterations, additions and improvements except Tenant's trade fixtures that do not become a part of the Building shall perform remain in an be surrendered with the work in compliance Premises as a part thereof at the expiration or sooner termination of this Lease. Tenant shall comply with all applicable laws, codes and regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedall Work.

Appears in 2 contracts

Samples: Office Lease Agreement (Edgar Online Inc), Office Lease Agreement (Edgar Online Inc)

Alterations. After the Commencement Date, Tenant shall not make no alterations, any additions, decorationschanges, alterations or improvements (collectively referred to as “Alterations”) to the Premises or the Building, without the prior written consent of Landlord. Landlord may imposeAll Alterations shall be at Tenant’s sole cost and shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to those in the Premises and the Building and shall be in accordance with plans and specifications approved by Landlord. All Alterations shall be performed in accordance with reasonable requirements established by Landlord, as a condition to its consentincluding, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use upon Landlord’s designated mechanical request, provision of a lien and electrical contractors, obtain all required permits for the Alterations and shall perform the work completion bond in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable an amount equal to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5150% of the cost of the Alterations. In any case, Tenant shall pay Landlord may elect a reasonable fee to cause its architect to review cover Landlord’s costs incurred in reviewing Tenant’s architectural plansplans and specifications. Tenant shall maintain a safe working environment, including the continuation of all fire and security protection devices, if any, previously installed in the reasonable cost Premises by Landlord. All damages or injury done to the Premises or the Building by Tenant or by any persons who may be in or upon the Premises or the Building with the express or implied consent of that review Tenant, including but not limited to the cracking or breaking of any glass of windows and doors, shall be reimbursed by Tenant. Should the Alterations proposed paid for by Tenant and consented Tenant shall pay for all damage to the Building caused by acts or omissions of Tenant or Tenant’s officers, contractors, subcontractors, agents, invitees, licensees, employees, successors or assigns. If Landlord change consents to any Alterations by Tenant, the floor plan same shall not be deemed a warranty as to the adequacy of the Premisesdesign, then Tenant shallworkmanship or quality of materials, at its expenseand Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systemsmaintain or replace any portion of any Alterations. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except Except as otherwise provided herein, all Alterations, except Tenant’s moveable personal property that does not become a part of the Building shall remain in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises as a part thereof at the end expiration or sooner termination of this Lease. Landlord may require Tenant to remove any Alterations and to restore the Premises to its condition prior to the completion of any Alterations at the expiration or termination of the Term, except that Landlord may, by notice such work to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord occur at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, expense and Tenant shall repair any all damage to the Premises arising from that or Building occurring as a result of such removal or restoration. If Tenant fails to remove any Alterations as required by Landlord or repair any damage occurring during such removal, Landlord shall be entitled to remove any Alterations or make such repairs, at Tenant’s expense. Tenant shall comply with all applicable laws, codes and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedregulations in connection with all Alterations.

Appears in 2 contracts

Samples: Lease Agreement (Pacific Biometrics Inc), Lease Agreement (Pacific Biometrics Inc)

Alterations. Tenant shall make no alterationsnot, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent, which consent shall not be unreasonably withheld, of LandlordLandlord in each instance, make any alterations, improvements, or additions to the Premises. Landlord shall not grant such consent until Landlord has had an opportunity to review Tenant's plans and specifications for such alterations, improvements or additions. If Landlord consents to said alterations, improvements, or additions, it may imposeimpose such conditions with respect thereto as Landlord deems appropriate, as a condition including, without limitation insurance against liabilities which may arise out of such work, revisions to the plans and specifications for such work and permits necessary for such work. The work necessary to make any alterations, improvements, or additions to the Premises shall be done at Tenant's expense by employees of, or contractors hired by, Landlord, except to the extent Landlord gives its consentprior written consent to Tenant's hiring contractors. Notwithstanding the foregoing, any requirements that Landlord Tenant may hire its own contractors to install mill work, telecommunications equipment and food service facilities in its discretion may deem reasonable or desirablethe Premises. Tenant shall use Landlord’s designated mechanical and electrical promptly pay to Landlord or to Tenant's contractors, obtain as the case may be, when due, the cost of all such work and of all decorating required permits by reason thereof. Tenant will also pay to Landlord an amount equal to five percent (5%) of all of the costs of such work to reimburse Landlord for its overhead and construction management services allocable to such work and all out-of-pocket costs incurred by Landlord in reviewing plans and specifications for said alterations, improvements or additions. Upon completion, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the holder of any legal or beneficial interest in the land or Building harmless from all costs, damages, liens, and expenses related to such work. All work done by Tenant or its contractors pursuant to Sections 6 or 11 hereof shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and ail applicable laws and, ordinances and rules and regulations of governmental departments or agencies and the rules and regulations adopted by the Landlord for the Alterations and Building. Within thirty (30) days after substantial completion of any such work by Tenant or its contractors, Tenant shall perform furnish to Landlord "as built" drawings of such work. Landlord agrees that Tenant shall not be required to remove any alteration, improvement or addition made to the work Premises in compliance with all applicable lawsthis Section 6 unless Landlord has advised Tenant in writing prior to installation of such alteration, regulations and ordinances with contractors reasonably acceptable improvement or addition that landlord's consent to Landlord. Landlord shall be entitled such installation is conditioned upon Tenant's agreement to a supervision fee in the amount of 5% remove same upon expiration or termination of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Office Lease (Hewitt Associates Inc), Office Lease (Hewitt Holdings LLC)

Alterations. Tenant Subtenant shall make no alterations, additionsinstallations, decorations, additions or improvements (collectively referred to as collectively, “Alterations”) to in or about the Sublease Premises without the prior written consent of Sublandlord in each instance, which consent shall not be unreasonably withheld provided that the prior written consent of the Prime Landlord is obtained (to the extent the consent of the Prime Landlord is required pursuant to the Prime Lease). Notwitthstanding the foregoing, Subtenant shall have the right to perform Alterations to the Equipment without obtaining the consent of Sublandlord, provided however, that Subtenant shall obtain the prior consent of the Prime Landlord. Landlord may impose, as a condition to its consent, any requirements the extent that Landlord in its discretion may deem reasonable or desirable. Tenant shall use the Prime Landlord’s designated mechanical consent is required pursuant to the terms of the Prime Lease. Any Alterations consented to by Sublandlord shall be performed by Subtenant at its sole cost and electrical contractors, obtain all required permits for the Alterations expense and shall perform the work in compliance with all applicable lawsof the provisions of the Prime Lease, regulations including the provisions requiring the Prime Landlord’s prior written consent, and ordinances also in compliance with contractors reasonably acceptable to such other reasonable requirements of Sublandlord and Prime Landlord. Subtenant shall pay to Sublandlord any and all amounts payable to Prime Landlord shall be entitled in connection with Prime Landlord’s review and/or inspection of (a) any plans and/or specifications relating to a supervision fee in the amount of 5% of the cost of the any proposed Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the (b) any Alterations proposed by Tenant during and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed subsequent to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall making thereof. Subtenant acknowledges that any such Alterations may become the property of Landlordthe Prime Landlord in accordance with Section 9.02 of the Prime Lease. Such If Sublandlord determines that the services of architects, engineers or other professionals are reasonably required in order to review Subtenant’s plans for any Alterations, and the performance of any inspections of such Alterations (during and subsequent to the making thereof), the fees and expenses of such professionals shall be surrendered with deemed Additional Rent and paid promptly by Subtenant upon being billed therefor. Prior to the Premises at the end expiration (or any sooner termination) of the Term, except that if removal is required by either the Sublandlord or the Prime Landlord may, by notice to Tenant given at least 30 days prior to in accordance with Section 9.02 of the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Prime Lease, Subtenant, at its sole cost and expense, shall remove any and all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectivelyso required to be removed, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area Sublease Premises to its pre-existing conditiongood condition following such removal. Notwithstanding any language to the contrary, reasonable wear but provided that the prior written consent of the Prime Landlord is obtained (to the extent the consent of the Prime Landlord is required pursuant to the Prime Lease), Sublandlord agrees to the installation of security cameras and tear exceptedemployee key card entry systems, all at Subtenant’s sole cost and expense, so long as Sublandlord is notified prior to installation of these systems and these installations are installed by licensed electricians.

Appears in 2 contracts

Samples: Agreement of Sublease (Enzon Pharmaceuticals Inc), Agreement of Sublease (Enzon Pharmaceuticals Inc)

Alterations. Except for cosmetic alteration projects that do not exceed $20,000.00 during each calendar year and that do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, decorations or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirablereasonable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Datetime of Landlord’s approval, require Tenant to remove by the Expiration Date, Date or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cablingany Tenant Improvements constructed pursuant to the Work Letter) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”); provided, however, that notwithstanding the foregoing, Landlord agrees that the Tenant Improvements as and to the extent set forth in the approved Plan and Cost Estimate shall not constitute Required Removables. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Lease (Tarsus Pharmaceuticals, Inc.), Lease (Tarsus Pharmaceuticals, Inc.)

Alterations. The Tenant shall make has no rights to carry out any alterations, additionsworks or installations to the Premises unless it is expressly permitted to do so under this Clause ‎4.10. The Tenant must not carry out any alterations or additions to the Premises that will have a material adverse impact on the Environmental Performance of the Premises. The Tenant may, decorationswith the Landlord's consent, carry out works to the Premises to install, alter or improvements (collectively referred to as “Alterations”) remove the shop front. The Tenant may install, alter and remove tenant's fixtures32 and carry out internal non-structural works to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its 's consent, any requirements that but the Tenant must notify the Landlord in its discretion promptly after completing those works. To enable those works to be carried out, the Tenant may deem reasonable drill fixing holes into the floors, ceilings, columns or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan walls of the Premises. The Tenant must comply with its obligations in ‎Part 5 of the Schedule when carrying out or installing any Permitted Works, then whether or not the Landlord's consent is required for them.33 Where the Landlord's consent is expressly required under this Clause ‎4.10, the Landlord may impose requirements on the Tenant shall, at in addition to those contained in ‎Part 5 of the Schedule when giving its expense, furnish Landlord with as-built drawings consent. Signs and CAD disks compatible with advertisements The Tenant must not display any signs or advertisements on the Premises other than: signs approved by the Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to ; normal trade signs displayed from within the Premises, including without limitation all Tenant Improvements constructed pursuant to ; or signage on the Work Letter (except as otherwise provided fascia of the Premises that indicates the Tenant's trading name in the Work Letter), but excluding moveable style of and consistent with the Tenant's standard fascia signage. The Tenant must maintain either the visibility of the shop interior from the shop front or a window display in keeping with good retailing practice. The Tenant must keep the Premises adequately lit during [the usual trading hours for retail premises in the vicinity of the Premises] [such hours as the Landlord may stipulate]. Obligations at the End Date By the End Date the Tenant must have removed: all tenant's and trade fixtures and furniture, shall become loose contents ([excluding][including] floor coverings) from the property of Landlord. Such Alterations shall be surrendered with Premises; all Electronic Communications Apparatus and apparatus relating to Wireless Data Services installed by the Premises Tenant or any subtenant at the end of Premises; all signage installed by the Term, except that Landlord may, by notice to Tenant given or any subtenant at least 30 days prior the Premises; unless and to the Expiration Dateextent that the Landlord and the Tenant otherwise agree, require Tenant to remove by the Expiration Dateall Permitted Works; and without affecting any other Landlord's rights, or sooner termination date any works that have been carried out in breach of any obligation in this Lease, . The Tenant must make good all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising caused when complying with Clause ‎4.12.1 and restore them to the same configuration, state and condition as they were in before the items removed were originally installed. At the End Date the Tenant must: give back the Premises (and the fixtures, plant and equipment in them) in good decorative order and in a state, condition and working order consistent with the Tenant's obligations in this Lease;34 give back the Premises with vacant possession; and hand to the Landlord any registers or records maintained by the Tenant pursuant to any statutory duty that relate to the Premises in compliance with Clause ‎4.18 including any health and safety file, EPC and asbestos risk assessment and management plan. If the Tenant has not removed all of its property from the Premises by the End Date: the Landlord may dispose of that removal property as the agent of the Tenant after giving the Tenant not less than five Business Days' notice of its intention to do so; the Tenant must indemnify the Landlord against any liability of the Landlord to any third party whose property has been disposed of in the genuine but mistaken belief that it belonged to the Tenant; and shall restore the affected Landlord must pay to the Tenant the proceeds of the disposal after deducting the costs of transportation, storage and disposal incurred by the Landlord. User35 The Tenant must not use the Premises other than for the Permitted Use.36 The Tenant must not use the Premises: for any illegal activity; as a betting office, an amusement arcade or in connection with gaming; for any political or campaigning purposes or for any sale by auction;37 or for the sale of alcohol for consumption [on or off] the Premises or for the preparation or cooking of food other than, in either case, in connection with staff[ and customer] catering facilities ancillary to the Permitted Use. The Tenant must not:38 keep in the Premises any plant, machinery or equipment (except that properly required for the Permitted Use) or any petrol or other explosive or specially flammable substance[ (other than petrol in the tanks of vehicles parked in any parking spaces within the Premises)]; load or unload any vehicle unless it is in a loading area provided for that purpose; cause any nuisance or damage to the Landlord or to the owners, tenants or occupiers of any adjoining premises; overload any part of the Premises or any plant, machinery, equipment or Conducting Media; do anything that blocks the Conducting Media or makes them function less efficiently including any blockage to or corrosion of any drains, pipes or sewers by virtue of any waste, grease or refuse deposited by the Tenant or any cleaning of them carried out by the Tenant; operate any apparatus so as to interfere with the lawful use of Electronic Communications Apparatus or the provision of Wireless Data Services on any adjoining premises; or compromise the passive or active fire protection measures within the Premises.39 The Landlord does not warrant that the Permitted Use is, will be, or will remain lawfully permitted under the Planning Acts or the title deeds. The Tenant remains bound by the Tenant's obligations under this Lease even if the use is not lawfully permitted under the Planning Acts. The Tenant must not install or use Electronic Communications Apparatus or apparatus relating to Wireless Data Services within the Premises unless solely for use in connection with the lawful occupier's business at the Premises[. Xxxxxxxx's consent must be obtained prior to installation]. [On each day that the Premises are open for trade, the Tenant must arrange the regular collection of any of the Tenant's customer trolleys that have been left outside the Premises.]40 The Tenant must provide the Landlord with the names, addresses and telephone numbers of not fewer than two people who from time to time hold keys and any security access codes to the Premises and who may be contacted in an emergency if the Landlord needs access to the Premises outside the Tenant's normal business hours. [The Tenant must not use any parking spaces forming part of the Premises: except for the parking of vehicles belonging to persons working at the Premises or any authorised visitors to the Premises; or for the repair, refuelling or maintenance of any vehicles.] Dealings with the Premises41 The Tenant must not assign, sublet, charge, hold on trust or part with or share possession or occupation of the Premises in whole or in part, except as authorised under this Clause ‎4.14[ or ‎Part 7 of the Schedule]. [The Tenant must not assign the Tenant's right to the whole of the Premises[ or sublet the Tenant's right to the Premises in whole or in part] during the first three years of the Term.] The Tenant may assign the Tenant's right to the whole of the Premises with the Landlord's consent (such consent not to be unreasonably withheld or delayed if the prospective tenant is of sound financial standing and demonstrably capable of fulfilling the Tenant's obligations under this Lease),42 except that: the Landlord may refuse consent to assign if the Tenant has not paid in full the Rent and all other sums due to the Landlord under this Lease that are not the subject of a legitimate dispute about their payment; the Landlord may refuse consent to assign in any other circumstances where it is reasonable to do so; and the Landlord may require any other condition to the Landlord's consent if it is reasonable to do so. [The provisions of ‎Part 7 of the Schedule apply to sublettings of the Premises and the Tenant must comply with its pre-existing conditionobligations in that Part of the Schedule.] The Tenant may charge the Tenant's right to the whole of the Premises to a genuine lending institution without the Landlord's consent but the Tenant must notify the Landlord under Clause ‎4.15 of any charge created. In addition to the provisions of this Clause ‎4.14, reasonable wear the Tenant may share occupation of the Premises with a Group Company of the Tenant[, a Service Provider] or concessionaire on condition that: the Tenant notifies the Landlord of the identity of the occupier and tear exceptedthe part of the Premises to be occupied; no relationship of landlord and tenant is created or is allowed to arise[ and the Premises retain the appearance of a retail unit in single occupation]; the sharing of occupation ends if the occupier is no longer a Group Company of the Tenant[, a Service Provider] or a concessionaire; [and] the Tenant notifies the Landlord promptly when the occupation ends[; and at any time concessionaires occupy no more than [Insert percentage]% of the sales area of the Premises in aggregate]43.

Appears in 1 contract

Samples: Lease

Alterations. (a) Tenant shall not make no or cause or permit the making of any repairs, alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) in or to the Premises (including, without the limitation, any racking or other work performed pursuant to Paragraph 3) without obtaining Landlord's prior written consent of Landlordthereto in each instance, which consent shall not be unreasonably withheld or delayed. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Such work shall not be commenced until Tenant shall use Landlord’s designated mechanical submit to Landlord plans and electrical contractorsspecifications relating to any such repairs, obtain alterations, additions or improvements, and all required permits for such work shall be performed in accordance with the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlordprovisions of this lease. Landlord shall not be entitled deemed to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause have unreasonably withheld its architect to review Tenant’s architectural plans, and the reasonable cost of consent if it reasonably determines that review shall be reimbursed by Tenant. Should the Alterations such work proposed by Tenant and consented would reduce the value, size, cubical content or general utility of the Premises or any portion thereof, impair the architectural harmony of the Building or increase Landlord's obligation pursuant to this lease unless Tenant provides Landlord with such assurances as Landlord may reasonably require to restore the Premises to the extent of such decrease in size, cubical content or change in architectural harmony, and/or assumes the increased costs to Landlord of meeting its obligations to Tenant under this lease as a result of the aforesaid. Any approval by Landlord change as aforesaid may be upon condition that Tenant furnish to Landlord such evidence of Tenant's financial ability as Landlord reasonably may require, including the floor plan furnishing of adequate security, to assure completion and payment of all work for which the reasonably estimated cost of completion shall exceed One Hundred Thousand and 00/100 Dollars ($100,000.00), as such amount may be adjusted from time to time in accordance with the percentage increase in the Index, as hereinafter defined, over that existing as of the PremisesCommencement Date of this lease. All repairs, then alterations, additions or improvements and all Tenant shallWork, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed when installed or attached to the Premises, including without limitation all Tenant Improvements constructed pursuant subject to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furnitureprovisions of Paragraph 27 of this lease, shall belong to and become the property of Landlord. Such Alterations Landlord at the expiration or sooner termination of this lease and shall be surrendered with the Premises at the end of the Termand as part thereof, except that Landlord maywithout compensation to Tenant. Nothing herein contained shall be construed to restrict Tenant's right to make any alterations, by notice additions or improvements to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted's own movable trade fixtures.

Appears in 1 contract

Samples: Lease Agreement (Di Giorgio Corp)

Alterations. (a) Tenant will not make or permit alterations, improvements or additions (including fixtures) in or to the Premises (collectively "Alterations") without Landlord's prior, written consent. Tenant's request for such consent shall be in writing, accompanied by proposed detailed plans and specifications. At the time Landlord grants its consent to any Alterations, Landlord shall notify Tenant in writing (a "Removal Notice") whether Tenant will be required to remove such Alterations at the expiration or termination of the Term in accordance with the provisions of Paragraph 23.1 hereof. Notwithstanding the foregoing, (i) minor alterations such as repainting and carpeting, or alterations with an aggregate cost of less than $25,000 per year, and (ii) which do not affect structural components or building systems, shall not require Landlord's consent hereunder, but all work in connection therewith shall be conducted and completed in a first class manner. Alterations will be performed at Tenant's cost and expense. Tenant may engage its own contractors to perform remodel work upon written approval by Landlord. In such event, Landlord shall charge Tenant for Landlord's reasonable out-of-pocket expenses incurred in reviewing and inspecting such construction. Any and all plans must be submitted to Landlord for approval, and building permits, if required, must be obtained prior to commencement of any construction remodeling. All alterations, additions and improvements constructed by Tenant shall make no remain the property of Tenant during the Lease Term but shall not be damaged, altered, or removed from the Premises. Subject to Paragraph 23, at the expiration or sooner termination of the Lease Term, all alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end to Landlord as a part of the Termrealty and shall then become Landlord's property. Tenant will promptly notify Landlord of the value thereof for insurance and tax purposes. Tenant will hold Landlord forever harmless against any and all claims, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations expenses (including without limitation all telephone taxes) and data cabling) installed either liabilities of every kind which may arise out of or in any way be connected with any work performed by or on behalf of Tenant or unless such work was performed by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedLandlord.

Appears in 1 contract

Samples: McAfee Com Corp

Alterations. 3. Tenant shall make no alterations, additions, decorations, changes in or improvements (collectively referred to as “Alterations”) to the Premises demised premises of any nature without Landlord’s prior written consent subject to the prior written consent of Landlord. Landlord may impose, as a condition and to its consent, any requirements that Landlord in its discretion may deem reasonable or desirablethe provisions of this Article. Tenant shall use Landlordat Tenant’s designated mechanical expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical contractors, obtain all required permits for lines in or to the Alterations and shall perform interior of the work in compliance with all applicable laws, regulations and ordinances with demised premises by using contractors reasonably acceptable to or mechanics first approved by Landlord. Landlord shall be entitled to a supervision fee All fixtures and all paneling, partitions, railings and like installations, installed in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural planspremises at any time, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord in Tenant’s behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord’s right thereto and to have them removed by Tenant, in which event, the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant’s request (collectively, the “Required Removables”)expense. In connection with its Nothing in this Article shall be construed to give Landlord title to or to prevent Tenant’s removal of Required Removablestrade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the Premises arising demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the premises after Tenant’s removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord’s property or may be removed from that removal the premises by Landlord at Tenant’s expense. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall restore deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant’s contractors and sub-contractors to carry such xxxxxxx’x compensation, general liability, personal and property damage insurance as Landlord may require. If any mechanic’s lien is filed against the affected area demised premises, or the building of which the same forms a part, for work claimed to its pre-existing conditionhave been done for, reasonable wear and tear exceptedor materials furnished to, Tenant, whether or not done pursuant to this Article, the same shall be discharged by Tenant within ten days thereafter, at Tenant’s expense, by filing the bond required by law.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Harris Interactive Inc)

Alterations. Except for cosmetic alteration projects that do not exceed $250,000.00 during each calendar year and that satisfy the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, decorations or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed Alterations do not affect the Building Structure or the Building Systems, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord may impose, as a condition to its consent, any commercially reasonable requirements that Landlord in its discretion may deem reasonable or desirable. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall reimburse Landlord for the cost thereof within 30 days following receipt of paid invoices from Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the first $200,000.00 of the cost of any Alterations, and 2.5% of the Alterationscost of any Alterations in excess of $200,000.00. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Datetime of Landlord’s approval, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted. Notwithstanding the foregoing, provided that Tenant leases the Premises for a Term of not less than 15 years, then (i) Landlord shall waive any and all removal and restoration requirements with respect to any initial Tenant Improvements and subsequent Alterations that do not affect the Building Structure or Building Systems (for avoidance of doubt the foregoing waiver shall apply to Alterations and improvements related to wall partitions, wall coverings, signs, floor coverings, doors, hardware, or other fixtures that are customarily replaced by institutional landlords of comparable buildings in connection with the re-leasing of space similar to the Premises), and (ii) if Tenant installs an interconnecting stairwell connecting two or more floors of the 17200 Building as part of the initial Tenant Improvements or subsequently to the 17100 Building, Landlord shall waive any removal and restoration requirements with respect to such stairwell.

Appears in 1 contract

Samples: Lease (Alteryx, Inc.)

Alterations. Except for cosmetic alteration projects that do not exceed $75,000 during each calendar year which satisfy the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld, conditioned or delayed as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord may impose, as a condition to its consent, any commercially reasonable requirements that Landlord in its discretion may deem reasonable or desirable. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractors for all Alterations work affecting the mechanical or electrical systems of the Building, provided the pricing for such contractors is market competitive with that of other similar contractors within Orange County; if Tenant is entitled to and elects to use contractors other than Landlord’s designated mechanical and electrical contractors, Landlord shall be entitled to have its designated contractors perform a “peer review” of such contractors’ work, and the reasonable cost thereof shall be borne solely by Tenant. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for cosmetic Alterations not requiring a permit and otherwise not requiring Landlord’s consent, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost hard costs of the Alterations. Any request for Landlord’s consent shall be made in writing and shall contain conceptual space plans (and, if appropriate in light of the nature of the proposed Alterations, architectural plans) describing the work proposed to be performed in detail reasonably satisfactory to Landlord. To the extent architectural plans are appropriate in light of the nature of the proposed Alterations, Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given in writing by Landlord at least 30 days prior to the Expiration Datetime of Landlord’s approval of such Alterations, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cablingany Tenant Improvements that may be constructed pursuant to the Work Letter) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the proposed Alterations would be Required Removables. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted. Landlord and Tenant acknowledge and agree that none of the improvements existing in the Premises as of the Commencement Date shall be deemed Required Removables.

Appears in 1 contract

Samples: Lease (Evolus, Inc.)

Alterations. Except for cosmetic alteration projects that do not exceed $100,000.00 and that satisfy the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed Alterations do not materially and adversely affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only materials equal to or greater in quality to the existing finishes or Landlord’s building standard materials if no similar existing materials exist (“Standard Improvements”). Within 10 days after receipt of Tenant’s request in accordance with the terms of this paragraph, Landlord shall provide a written response to Tenant. In the event Landlord fails to give or withhold its consent to any Alterations within 10 days of Tenant’s request, Tenant shall have the right to provide Landlord a second request for consent. Tenant’s second request for consent must specifically state that Landlord’s failure to respond within a period of 10 days shall be deemed an approval by Landlord. If Landlord fails to respond continues for 5 days after receipt of Tenant’s second request for consent, the request shall be deemed approved. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Without limiting the generality of the foregoing, unless Landlord otherwise agrees in writing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 53% of the cost of actual hard costs associated with the Alterations. Any request for Landlord’s consent to Alterations shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by TenantTenant unless Tenant uses architectural, electrical and HVAC consultants that are approved by Landlord or part of the Landlord’s pre-qualified vendors, in which case Tenant will not be obligated to pay for Landlord’s review. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time of Landlord’s consent to the Expiration DateAlterations, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations not consistent with the original Tenant Improvements (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted. Notwithstanding anything to the contrary in this paragraph 7.3 or elsewhere in the Lease, Landlord agrees Tenant’s interior design, furnishings and decoration of the Premises are not Alterations requiring the consent or other input of Landlord.

Appears in 1 contract

Samples: Lease (Clean Energy Fuels Corp.)

Alterations. Tenant shall make no Tenant, may, without Xxxxxxxx's prior consent, but with prior written notice to Landlord, install alterations, additions, decorationsor improvements to the interior of the Premises costing $10,000 or less in any calendar year; so long as the alterations, additions, or improvements (collectively referred i) are nonstructural, (ii) do not affect Building systems, and (iii) are not visible from the exterior of the Premises ("Permitted Alterations"). Tenant shall not make any alterations to as “the Premises, or to the Project, including any changes to the existing landscaping, except for Permitted Alterations”) , without Landlord's prior written consent. With respect to any alterations, Landlord may post notices in accordance with the laws of the state in which the premises are located. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may elect to require Tenant to remove any alterations which Tenant may have made to the Premises and to restore the Premises to the condition existing as of the Commencement Date. Landlord may make such election at any time, except that at the time of requesting Xxxxxxxx's consent to a specific alteration, Tenant may also at such time ask Landlord in writing to elect whether Tenant must remove the same at the end of the Term, and upon such request Landlord agrees to indicate at the time of granting consent (if the same is granted) as to whether Tenant must remove the same. If Landlord elects to have Tenant remove an alteration, Tenant at its sole cost shall restore the Premises to the condition designated by Landlord in its election, before the last day of the term or within thirty (30) days after notice of its election is given, whichever is later. All such restoration and repair work, including without limitation the patching and spackling walls, shall be performed by a contractor approved of in advance by Landlord. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. Prior to commencing any work, Xxxxxx's contractor(s) shall provide Landlord with proof of commercial general liability insurance satisfactory to Landlord in its discretion, and Landlord may require that Landlord and its property manager be named as additional insureds and be beneficiaries of a waiver of subrogation with respect to such insurance. All such construction shall be performed in a manner which will not interfere with the quiet enjoyment of other tenants of the Project. Tenant shall pay all costs for such construction and shall keep the Premises and the Project free and clear of all mechanics' liens which may result from construction by Tenant. Tenant shall not use any portion of the common areas in connection with an alteration without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Basic Lease Terms (Cellcyte Genetics Corp)

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Alterations. Tenant Lessee shall make no alterationsnot, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may imposeLessor, as a condition to its consentmake any alterations, any requirements that Landlord in its discretion may deem reasonable improvements or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed additions to the Premises. If Lessor consents to said alterations, improvements or additions, it may impose such conditions with respect thereto as Lessor deems appropriate, including without limitation requiring Lessee to furnish Lessor with security for the payment of all Tenant Improvements constructed pursuant costs to be incurred in connection with such work and the plans and specifications together with all permits necessary for such work. The work necessary to make any alterations, improvements or additions to the Work Letter (premises shall be done at Lessee's expense by employees of or contractors hired by Lessor except to the extent Lessor gives its prior written consent to Lessee's hiring contractors. Lessee shall promptly pay to Lessor or to Lessee's contractors, as otherwise provided the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Upon completion of such work, Lessee shall deliver to Lessor, if payment is made directly to contractors, evidence of payment, contractor's affidavits and full final waivers of all liens for labor, services or materials. Lessee shall defend and hold Lessor and the Land and the Building harmless from all costs, damages, liens, and expenses related to such work. Lessor reserves the right to require separate documentation in the Work Letter)event it elects to have third-party financing of any improvements to be performed by Lessor. All work done by Lessee or its contractors shall be done in a first-class, but excluding moveable trade fixtures workmanlike manner, using only good grades of materials and furnitureshall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All alterations, improvements and additions to the premises, whether temporary or permanent in character, made or paid for by the Lessor or Lessee shall become the Lessor's property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this LeaseLease and shall, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectivelyunless Lessor requests their removal, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage be relinquished to the Premises arising from that removal and shall restore the affected area to its pre-existing Lessor in good condition, reasonable ordinary wear and tear excepted.

Appears in 1 contract

Samples: Asset Purchase Agreement (Susquehanna Media Co)

Alterations. Tenant shall make no alterations, additions, decorations, Any alterations or improvements additions (collectively referred to as AlterationsWork”) made to the Leased Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises , at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all and Tenant shall have no right of reimbursement therefore. Prior to any such alterations or any Alterations additions (including without limitation all telephone and data cabling“Work”) installed either to the Leased Premises by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage provide information, in writing, to Landlord on the scope of work to be done. Landlord must approve, in writing, all such Work to the Leased Premises prior to inception of Work, either demolition or construction, by Tenant. Any alterations or additions (“Work”) made by Tenant to the Leased Premises shall be performed in a good and workmanlike manner, in compliance with all governmental requirements and permits, and without unreasonable interference with the other tenants or the transaction of business in the Facility. Tenant shall make no alterations or additions to the Leased Premises to cause any unreasonable increase in the insurance rate on the Leased Premises. Tenant shall use only licensed contractors, professionals and subcontractors, licensed properly to do business in Louisiana, for any such Work. Tenant warrants that all such contractors, subcontractors, professionals and suppliers shall be paid in a timely manner. Tenant shall secure insurance coverage in the limits and types specified in Exhibit “D” (Exhibit “D-1” – Insurance Requirements) and shall provide a Certificate of Insurance to Landlord (attached as Exhibit “D-2”) evidencing such coverage prior to commencement of any Work to the Leased Premises. Tenant shall indemnify, defend, and hold Landlord and Owner harmless from all claims, liabilities, obligations and expenses, including attorneys’ fees, expert fees and costs arising from that removal or in any way connected with Tenant’s Work, except to the extent caused by Landlord or Owner’s gross negligence or willful misconduct. Upon expiration or termination of this Lease Agreement Tenant shall promptly remove any personal property (movables) belonging to Tenant and any movables not deemed component parts pursuant to Louisiana Civil Code art. 466. Tenant shall restore the affected area to its pre-existing repair or replace, in a like condition, the Leased Premises on or before the expiration of this Lease, or any extension or renewal thereof, less reasonable wear and tear exceptedand damage from casualty.

Appears in 1 contract

Samples: Caddo Lease Agreement

Alterations. Other than Landlord’s Work and Tenant’s Work, which shall be governed by Exhibit C, Tenant shall not make no alterations, additions, decorationsany alterations to the Premises, or to the Project, including any changes to the existing landscaping, without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right to make alterations and improvements (collectively referred to as “Alterations”) to the Premises without Landlord’s consent (but only after having provided not less than 15 days prior written notice to Landlord) where the same (i) will not materially affect the structural components of the building in which the Premises is located or the building systems, and (ii) will not exceed the cost of $10,000. If Landlord gives its consent to alterations, Landlord may post notices of non-responsibility in accordance with the laws of the state in which the premises are located. Tenant may, at the time of requesting Landlord’s consent to alterations, further request in writing that Landlord elect, at the time of granting consent, whether such alterations must be removed upon termination of the Lease. If Tenant so requests, Landlord shall make such election at the time of granting consent to the alteration (or if no consent is required, then within fifteen days of Tenant’s request). Failure of Landlord to respond to Tenant’s request shall be deemed an election that the alteration need not be removed on termination of this Lease. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within 30 days before or 30 days after expiration of the term, elect to require Tenant to remove any alterations which Tenant may have made to the Premises except such alterations as Tenant has received consent to leave as provided above. If Landlord elects to require removal of an alteration, at its own cost Tenant shall restore the Premises to the condition designated by Landlord in its election, before the last day of the term or within 30 days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant’s alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, which approval shall not be unreasonably withheld, delayed or conditioned, shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with plans and specifications reasonably approved by Landlord. All such construction shall be performed in a manner which will not unreasonably interfere with the quiet enjoyment of other tenants of the Project. Tenant shall pay all costs for such construction and shall keep the Premises and the Project free and clear of all mechanics’ liens which may result from construction by Tenant. Tenant shall not use any portion of the common areas in connection with an alteration without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Letter Agreement (Blue Nile Inc)

Alterations. Section 8.1 Tenant shall not make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) any alterations to the Premises without the prior first obtaining Landlord's written consent thereto; provided, however, Tenant may make decorative or cosmetic changes (e.g., installing shelving, hanging pictures, moving computer or telephone cabling within the Premises) within the Premises without first obtaining Landlord's consent, so long as the cost of such decorative or cosmetic changes being performed at any one time do not exceed $1,000.00. In the event any such proposed alteration would, in the reasonable judgment of Landlord. , affect any structural components of the Building or any of the Building Systems, Landlord may impose, as a condition withhold its consent to its consent, any requirements that Landlord such alteration in its discretion sole discretion. Without in any way limiting Landlord's consent rights, Landlord may deem reasonable or desirable. withhold its final consent to any alteration until (a) Landlord is satisfied that the contractor proposed by Tenant shall use Landlord’s designated mechanical to make such alterations, and electrical contractorsthe insurance coverage to be provided by Contractor in connection with the work, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors are reasonably acceptable to Landlord, (b) Landlord approves final and complete plans and specifications for the work and (c) the appropriate governmental agency has approved the plans and specifications for such work; provided, however, Landlord shall give its preliminary consent, if at all, prior to Tenant obtaining such approval. Upon Tenant's receipt of written consent from Landlord and any required consent of any mortgagee or lessor of Landlord and any such governmental agency, and upon Tenant's payment to Landlord of any fees charged by any mortgagee or lessor of Landlord for such review and consent, Tenant shall have the right to proceed with the construction of all approved alterations, but only so long as such alterations are made by a contractor reasonably acceptable to Landlord in strict compliance with plans and specifications to which Landlord has consented and with the provisions of this Article 8. All alterations shall be made at Tenant's sole cost and expense. Tenant shall keep the Project, the Building and the Premises and Landlord's interest therein free from any liens arising from any work performed, materials furnished, or obligations incurred by, or on behalf of, Tenant. Notice is hereby given that neither Landlord nor any mortgagee or lessor of Landlord shall be entitled liable for any labor or materials furnished to Tenant except as furnished to Tenant by Landlord pursuant to this Lease. Within ten (10) business days after Tenant learns of the filing of any lien, Tenant shall notify Landlord of such lien and shall either discharge and cancel such lien of record or post a supervision fee in bond sufficient under the laws of the State of Georgia to cause the lien to be canceled of record. If Tenant fails to so discharge or bond over such lien within twenty (20) days after the earlier of Tenant becoming aware of such lien or written demand from Landlord, Landlord shall have the right, at Landlord's option, to pay the full amount of 5% of such lien without inquiry into the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansvalidity thereof, and the reasonable cost of that review Landlord shall be promptly reimbursed by Tenant. Should the Alterations proposed , as Additional Rent, for all amounts so paid by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter)expenses, but excluding moveable trade fixtures interest, and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedattorneys' fees actually incurred.

Appears in 1 contract

Samples: Lease Agreement (Viryanet LTD)

Alterations. Tenant shall make no alterations, additions, decorations, alterations additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord’s 's designated mechanical and electrical contractors, contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the Alterations work and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5% %) of the cost of the Alterationswork. Landlord may elect to cause its architect to review Tenant’s architectural plans, and Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the reasonable cost of that review Premises. Any request for Landlord's consent shall be reimbursed by Tenant. Should made in writing and shall contain architectural plans describing the Alterations proposed by Tenant and consented work in detail reasonably satisfactory to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations alterations, additions or improvements affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time of Landlord's consent to the Expiration Datealteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone alterations, decorations, fixtures, additions, improvements and data cabling) the like installed either by Tenant or by Landlord at Tenant’s 's request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall and to repair any damage to the Premises arising from that removal removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall restore the affected area be entitled to its pre-existing condition, reasonable wear and tear exceptedprompt reimbursement from Tenant for all costs incurred.

Appears in 1 contract

Samples: Office Space Lease (United Panam Financial Corp)

Alterations. Tenant Subtenant shall make certain improvements to the Premises (the "Initial Improvements") in accordance with Exhibit C attached hereto. Other than the Initial Improvements, Subtenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) at or to the Premises (collectively, and including the Initial Improvements, "Alterations") without the prior written consent of LandlordSublandlord. Landlord Sublandlord’s consent shall not be unreasonably withheld as long as the proposed changes do not adversely affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, utilize only building standard materials, and are in compliance with all Applicable Requirements. The provisions of Exhibit C shall apply to all Alterations. Without limiting the generality of the foregoing, Sublandlord may impose, as a condition require Subtenant to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use LandlordSublandlord’s designated mechanical structural, irrigation, roofing, and/or electrical contractors for work affecting the structural, irrigation, roofing, or electrical elements or systems of or serving the Premises. All contractors utilized by Subtenant must be approved in advance by Sublandlord, which approval shall not be unreasonably withheld provided the contractors are duly licensed, qualified, bondable, and electrical contractors, carry insurance satisfactory to Sublandlord. Subtenant shall obtain all required permits for the Alterations work and shall perform the work in compliance with all applicable lawsApplicable Requirements, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord Sublandlord shall be entitled to a supervision fee in the amount of five percent (5% %) of the cost of the Alterationswork. Landlord Any request for Sublandlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Sublandlord. Sublandlord may elect to cause its architect to review TenantSubtenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by TenantSubtenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant Subtenant shall, at its expense, furnish Landlord Sublandlord with as-built drawings and CAD disks compatible with Landlord’s systemswithin thirty (30) days after completion of the work. Unless Landlord Sublandlord otherwise agrees in writing, the Initial Improvements, and all later Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Sublandlord and shall be surrendered with the Premises at the end of the Term, except that Landlord Sublandlord may, by notice to Tenant Subtenant given at least 30 within 90 days prior to the Expiration DateDate (or after any sooner termination of this Sublease), require Tenant Subtenant to remove by the Expiration Date, or immediately after any sooner termination date of this LeaseSublease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant Subtenant or by Landlord Sublandlord at TenantSubtenant’s request (collectively, the “Required Removables”)request. In connection with its removal of Required Removables, Tenant Subtenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing Alteration condition, reasonable wear and tear excepted. For purposes of the foregoing, the following shall be considered Alterations (and not moveable trade fixtures): flooring, venting systems, sidewalls, air lines, gas lines, power panels, electrical distribution, security and fire protection systems, communication systems, lights and lighting fixtures, light deprivation curtain systems, HVAC equipment and systems, watering and irrigation systems, benching, plumbing, and fencing in or on the Premises.

Appears in 1 contract

Samples: Sublease

Alterations. Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld, conditioned or delayed, as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord may impose, as a condition to its consent, any requirements that Landlord in its reasonable discretion may deem reasonable or desirable, including but not limited reasonable requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. In no event shall Tenant prosecute any work that results in picketing or labor demonstrations in or about the Building or Project. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plansplans (except in the case of strictly cosmetic Alterations), and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration materially impairs any Building system or Landlord’s ability to perform its obligations hereunder. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Synovis Life Technologies Inc)

Alterations. Subsequent to the completion of any Landlord's Work pursuant to Section 2, Tenant shall not attach any fixtures, equipment or other items to the Premises, or paint or make no any other additions, changes, alterations, additions, decorations, repairs or improvements (collectively referred to as “Alterations”hereinafter "alterations") to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including Building or Property without limitation all Tenant Improvements constructed pursuant Landlord's prior written consent, which with respect to alterations to the Work Letter Premises will not be unreasonably withheld so long as Tenant is not then, nor has been, in default of this Lease (except as otherwise provided beyond any applicable cure period). If Landlord consents to any alteration, Landlord may post notices of nonresponsibility in the Work Letter), but excluding moveable trade fixtures accordance with law. Any alterations so made shall remain on and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end upon expiration or earlier termination of the Termthis Lease, except that Landlord may, by notice within thirty (30) days before or thirty (30) days after expiration or earlier termination hereof elect to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by any or all alterations at Tenant's sole costs and expense. Tenant shall not have any obligation to remove any of Landlord's Tenant Improvement Work. At the Expiration Datetime Tenant submits plans for requested alterations to Landlord for Landlord's approval, Tenant may request Landlord to identify which alterations Landlord may require Tenant to remove at the termination of or sooner termination date expiration of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection shall make such Identification simultaneous with its approval (if any) of the alterations. If Landlord elects to require removal of Required Removablesalterations as part of its approval, then at its own and sole cost Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area Premises to the condition designated by Landlord in its pre-existing conditionelection, reasonable wear and tear exceptedbefore the last day of the term or within thirty (30) days after notice of its election is given, whichever is later.

Appears in 1 contract

Samples: Office Lease (Cost U Less Inc)

Alterations. Tenant shall not make no alterations, any additions, decorations, alterations or improvements (collectively referred to as “Alterations”) in or to the Leased Premises ("Alterations") without the prior Landlord's written consent consent. The Landlord will review, within 30 calendar days of Landlord. Landlord may impose, as a condition to its consentnotification, any requirements permanent physical changes to the Leased Premises initiated by the Tenant. All planned improvements initiated by the Landlord will be done in consultation with the Tenant to ensure that Landlord in the work does not interrupt operations and is appropriate to meet programming goals and objectives. During the term of this Lease, Tenant will have the right to veto any work proposed that does not meet its discretion may deem reasonable programming or desirableinterpretive goals. Tenant shall use not permit or allow any lien to be filed or recorded against the Property or the Leased Premises or Landlord’s designated mechanical 's interest therein and electrical contractorsTenant shall fully cooperate with Landlord in obtaining the protection afforded Landlord under Section 00-00-000, obtain all required permits for C.R.S. All additions, alterations and improvements made in or to the Alterations Leased Premises by either Landlord or Tenant, including any attached fixtures and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed equipment installed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expensethe option of the Landlord, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall Landlord and be surrendered with the Leased Premises at the end termination of this Lease or be removed by Tenant at its expense and the Term, except that Landlord may, by notice Leased Premises restored to Tenant given at least 30 days prior its original condition. Subject to the Expiration Dateprovisions of this paragraph, require Tenant may remove all other fixtures and equipment, provided Tenant repairs any damage caused by such removal. The failure of Tenant to remove by its fixtures or any of its property at the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord Lease shall be deemed abandonment of such property at Tenant’s request (collectively, the “Required Removables”). In connection with its removal option of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedLandlord.

Appears in 1 contract

Samples: Lease Agreement

Alterations. Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord’s failure to grant or withhold its consent pursuant to the foregoing within 10 business days following Tenant’s written request for any Alterations (and the receipt of any required or reasonably requested information in connection with such requested Alterations) shall be deemed to constitute Landlord’s approval of such Alterations. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. In no event shall Tenant prosecute any work that results in picketing or labor demonstrations in or about the Building or Project. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Boot Barn Holdings, Inc.)

Alterations. Except for re-tinting the windows in the Premises in a color and with material approved by Landlord, which tinting shall not alter the appearance of the exterior of the Building, Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. It is further understood and agreed that the window tinting shall be considered a Required Removable and Tenant shall, at Tenant’s sole cost and expense, remove the tinting from the windows and restore the windows to their original condition prior to the Expiration Date or earlier termination of this Lease. In connection with its removal of other Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Patient Safety Technologies, Inc)

Alterations. Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, and utilize only building standard materials. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all work affecting the mechanical or electrical systems of the Building. Should Tenant perform any work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations work and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5% %) of the cost of the Alterationswork. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations work proposed by Tenant and consented to by Landlord change modify the floor plan internal configuration of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations alterations, additions or improvements affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time of Landlord’s consent to the Expiration Datealteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone alterations, decorations, fixtures, additions, improvements and data cabling) the like installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”)request. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt payment from Tenant of the cost thereof, inclusive of the standard coordination fee of Landlord’s management agent.

Appears in 1 contract

Samples: Office Space Lease (Gardenburger Inc)

Alterations. Absent Landlord’s written consent, Tenant shall may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, additions, decorations, or installations and improvements (collectively referred to as the “Alterations”) to the Office provided they are nonstructural in nature, which do not effect the Services, utilities or other operations or services of the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that and which are done by contractors and sub-contractors approved by Landlord in its discretion may deem reasonable every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or desirableother agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall use Landlordcarry and cause to be carried by each contractor and sub-contractor, workmen’s designated mechanical compensation, general liability, personal and electrical contractorsproperty damage insurance, obtain all required permits in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Alterations and Office, Tenant shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable pay or cause to Landlord. Landlord shall be entitled to paid or file a supervision fee bond in the amount stated in the mechanic’s lien within thirty (30) days of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review said filing at Tenant’s architectural planssole cost and expense. Any installation of materials, fixtures and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, like shall become the property of LandlordLandlord upon such installation and shall remain in the Office upon Tenant’s surrender of same. Such Alterations shall be surrendered with However, Landlord may relinquish such right of ownership to the Premises at the end of the Term, except that Landlord may, installations by giving Tenant thirty (30) days written notice to Tenant given at least 30 days prior to the Expiration Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, require office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to remove by which Landlord’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Expiration Office to that condition existing on the Commencement Date, or sooner termination date . Any and all property of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or by Landlord may remove such abandoned property at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.expense

Appears in 1 contract

Samples: Office Lease (Cannabis Global, Inc.)

Alterations. Except for cosmetic alterations and projects that do not exceed $15,000.00 during any calendar year of the Term, that do not require a permit from the City of Milpitas and that satisfy the criteria in the next following sentence (which cosmetic work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord may impose, as a condition to its consent, any requirements that Landlord in its reasonable discretion may deem reasonable or desirable. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 53% of the cost of the Alterations. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable and actual out-of-pocket cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term. Notwithstanding the foregoing, except that Landlord may, shall have the right by written notice to Tenant given at least 30 days prior the time of Landlord’s consent to the Expiration Date, any Alterations requested by Tenant to require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Aviat Networks, Inc.)

Alterations. Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee provide Tenant with an allowance in the amount of 5% Four Hundred Thousand and NO/100 Dollars ($400,000.00) (the "TENANT ALLOWANCE") solely for the payment of costs associated with the alteration, addition, repair and/or improvement of the cost Premises (the "TENANT IMPROVEMENTS"). The Tenant Allowance shall be used only to reimburse Tenant for the costs of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansdesign, construction, permits, consultants, fixtures, and expenses directly associated with the reasonable cost Tenant Improvements. In no event shall Tenant be entitled to any credit or benefit for any unused portion of that review the Tenant Allowance over the amount expended for completion of the Tenant Improvements, and any sums not applied to the Tenant Improvements by January 31, 2005, shall be reimbursed deemed forfeited by Tenant. Should the Alterations proposed by Tenant Any and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant shall be made in accordance with the terms and conditions applicable to the Work Letter (except Alterations, as otherwise provided set forth in the Work LetterLease including, without limitation, Paragraph 14 and Landlord's prior written approval in accordance with Paragraph 14 of any Alterations prior to commencing construction of the same. Prior to commencing construction of the Tenant Improvements, Tenant shall (a) provide to Landlord for Landlord's written approval the name of the contractor which Tenant proposes to engage for construction of the Tenant Improvements (together with evidence of insurance, references and such other documentation as Landlord may reasonably request), but excluding moveable trade fixtures and furniture, shall become the property of (b) submit to Landlord for Landlord. Such Alterations shall be surrendered 's written approval in accordance with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone Paragraph 14 working drawings and data cabling) installed either by Tenant or by Landlord at Tenant’s request plans (collectively, the “Required Removables”)"WORKING PLANS") for the Tenant Improvements, which shall be compatible with the design, construction and equipment of the Building, and shall comply with all applicable governmental laws, codes or ordinances including, without limitation, the ADA. In connection If Landlord disapproves the Working Plans, then Tenant shall correct any problem or deficiency and shall re-submit the revised Working Plans to Landlord for approval. Tenant shall allow sufficient time prior to the commencement of the Tenant Improvements for Landlord to enter the Premises and post appropriate notices to avoid liability to contractors or material suppliers for payment for any of the Tenant Improvements. Landlord shall, from time to time, disburse the Tenant Allowance, or portions thereof, within twenty (20) days following (i) Landlord's receipt of a written statement and accompanying sufficiently detailed evidence showing the work has been completed along with its removal copies of Required Removableslien releases and waivers from all contractors who completed work on the Tenant Improvements, and (ii) Landlord's inspection of the Premises and verification of the completion of such work. Notwithstanding anything in the Lease to the contrary, upon the expiration or earlier termination of the Lease, Tenant shall repair not be required to remove any damage to of the Premises arising from that removal and shall restore Tenant Improvements constructed with the affected area to its pre-existing condition, reasonable wear and tear exceptedTenant Allowance.

Appears in 1 contract

Samples: Lease (Infocrossing Inc)

Alterations. Tenant Subtenant shall not make no any alterations, additions, decorations, or additions and improvements (collectively referred to as “Alterations”) in or to the Sublease Premises without obtaining the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Sublandlord and Master Landlord in accordance with Section 5 of the Master Lease. Subject to the terms and conditions of the Master Lease, Subtenant will have the right, subject to approval by Sublandlord and Master Landlord, which may be withheld or granted as set forth in the Master Lease, to make alterations to the Sublease Premises, including but not limited to the addition of offices and conference rooms, modification of the demo room and other alterations. Sublandlord shall not unreasonably withhold such consent and shall request that Master Landlord provide such consent (where Sublandlord has consented) which request shall be at Subtenant’s sole cost and expense. All Alterations shall be made at Subtenant’s sole expense and by contractors or mechanics approved by Sublandlord and Master Landlord (which consent as to Sublandlord shall not be unreasonably withheld or delayed) shall be made at such times and in such manner as Sublandlord may from time to time designate, and shall at its discretion may deem reasonable option become the property of Sublandlord without its obligation to pay therefore; provided, however, that Sublandlord shall bear the cost, if any, for removing any such Alterations that so become the property of Sublandlord. All work with respect to any Alterations shall be performed in a good and workmanlike manner, shall be of a quality equal to or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits exceeding the then existing construction standards for the Alterations Building and shall perform the work be constructed in compliance with all applicable plans approved by Sublandlord and Master Landlord. Alterations shall be diligently prosecuted to completion to the end that the Sublease Premises shall be at all times a complete unit except during the period necessarily required for such work. All Alterations shall be made strictly in accordance with all laws, regulations and ordinances relating thereto, including all building codes. Subtenant at its expense shall obtain any and all permits and consents of applicable governmental authorities (collectively “Permits”) in connection with contractors reasonably acceptable to Landlordall Alterations. Landlord Subtenant shall be entitled liable to Sublandlord and Master Landlord for the reasonable costs of any improvements to the Building (whether or not on the Sublease Premises) which may be required as a supervision fee consequence of Subtenant’s Alterations. No interior improvements installed in the amount of 5% Sublease Premises may be removed unless the same are promptly replaced with interior improvements of the cost same or better quality. Sublandlord hereby reserves the right to require any contractor, subcontractor or materialman working in or providing materials to the Sublease Premises to provide lien waivers and builder’s risk and liability insurance covering the Alterations to the Sublease Premises as reasonably required by Master Landlord or Sublandlord. Subtenant shall give Master Landlord and Sublandlord ten (10) days written notice prior to the commencement of any Alterations and shall allow Master Landlord and Sublandlord to enter the Sublease Premises and post appropriate notices to avoid liability to contractors or material suppliers for payment for any Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, All Alterations (whether made by Sublandlord or Subtenant) shall remain in and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Sublease Premises as a part thereof at the end termination of this Sublease, without disturbance, molestation or injury, provided that Master Landlord and/or Sublandlord may require any Alterations to be removed upon termination of this Sublease in accordance with Article 14 of the TermMaster Lease. In such event, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant all expenses to remove by the Expiration Date, or sooner termination date of this Lease, all or any said Alterations (including without limitation whether made by Sublandlord or Subtenant) shall be paid by Subtenant. Subtenant shall comply at its sole expense with all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, provisions of the “Required Removables”). In connection with its Master Lease regarding removal of Required Removablespersonal property, Tenant shall including furniture, fixtures and equipment, at the termination of the Sublease and repair any damage to of the Sublease Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedrequired by such removal.

Appears in 1 contract

Samples: Sublease (Bluearc Corp)

Alterations. Tenant shall will have the limited right to make no alterations, additions, decorations, or improvements additions and installations to the Leased Premises (collectively referred to as all such alterations, additions and installations, “Alterations”) at its own expense, from time to time during the Lease Term, provided that Tenant has received the prior written consent of Landlord for any Alterations that (i) affect any Building Systems, the roof of the Building or the Parking Garage, the foundation of the Building or the Parking Garage or (ii) cost $250,000 or more in any one instance or in a series of instances related to the same Alterations, which consent will be granted or withheld in Landlord’s reasonable discretion; provided, however, that Tenant may install trade fixtures, including infrastructure necessary for broadcast operations, racking, security and telecommunication systems, without reference to such monetary limits or consent requirements; and provided, further, that Tenant complies with the reasonable and customary requirements of Landlord as provided in Paragraph D below. Tenant will immediately notify Landlord of any such matter. Notwithstanding anything herein to the contrary, Tenant will make no structural Alterations to the Leased Premises without obtaining the prior written consent of Landlord. , which consent will be in Landlord’s sole discretion, which consent may be granted, withheld or conditioned upon such requirements as Landlord may impose, as a condition to its consent, any requirements that Landlord deem necessary in its discretion may deem reasonable or desirablesole discretion. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain All Alterations will at all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall times be entitled made to a supervision fee in standard that is equal to or better than the amount of 5% of Building Standard. All Alterations made to the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed Leased Premises by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall will become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end Landlord upon surrender of the Term, except that Leased Premises unless Landlord mayelects, by written notice to Tenant given at least 30 days prior to the Expiration Dateexpiration of the Lease Term, to require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at such items upon Tenant’s request (collectivelysurrender of the Leased Premises, in which case Tenant will, at its sole expense, prior to surrender of the “Required Removables”). In connection with its removal of Required RemovablesLeased Premises, Tenant shall repair remove such items and restore any damage to the Leased Premises arising from that removal and shall restore the affected area unless otherwise agreed to its pre-existing condition, reasonable wear and tear exceptedin writing by Landlord.

Appears in 1 contract

Samples: Commercial Lease (Starz)

Alterations. Tenant Subtenant shall make no alterationsalterations or changes (collectively, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Subleased Premises or the Building of any kind or nature without the Sublandlord’s prior written consent of Landlord. Landlord may impose, as a condition to its consent, which consent shall not be unreasonably withheld, conditioned or delayed. It is agreed that it will be reasonable for Sublandlord to withhold its reasonable consent to any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Alterations if Subtenant has not obtained Original Sublandlord’s and Landlord’s designated mechanical and electrical contractorsreasonable consent to such Alterations, obtain all to the extent that Landlord’s consent to such Alterations is required permits for pursuant to Section 12 of the Alterations and shall perform the work in compliance Original Lease. In addition, Sublandlord’s consent may be conditioned upon Subtenant complying with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost provisions of Section 12 of the AlterationsOriginal Lease. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant Sublandlord shall, at its expensethe time of granting consent to any Alterations, furnish Landlord with as-built drawings and CAD disks compatible with provide to Subtenant in writing Sublandlord’s reasonable determination of whether Subtenant shall be required to remove such Alteration upon the expiration or earlier termination of the Sublease Term. Without limiting the generality of the foregoing, wherever Landlord’s systemsconsent or approval is required, or wherever information, documentation, sums of money, or other items are required to be delivered to Landlord pursuant to Section 12 of the Original Lease, Sublandlord’s and Original Sublandlord’s consent and approval shall also be required, and Subtenant shall also be required to make all such deliveries to Sublandlord (provided, however, Subtenant shall not be obligated to pay any review, supervisory or other fee to Sublandlord in connection with any Alterations by Subtenant). Unless Landlord otherwise agrees in writingAny review or approval by Sublandlord of any Alterations or any plans and specifications with respect to any Alterations, all Alterations affixed is solely for Sublandlord’s benefit, and without representation or warranty to Subtenant with respect to the Premisesadequacy, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter)correctness or efficiency thereof, but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered their compliance with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, law or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedotherwise.

Appears in 1 contract

Samples: Sub Sublease Agreement (Looksmart LTD)

Alterations. Tenant shall not make no alterations, additions, decorations, or permit to be made any ----------- alterations or improvements (collectively referred to as “Alterations”) to the Premises, including installation or alteration of any telecommunications wiring or cabling in or about the Premises ("Alterations"), without the prior written consent approval of Landlord. Landlord may imposeAll Alterations shall be made at Tenant's sole cost. Alterations shall be performed by a general contractor or other service provider designated by Landlord, as with subcontractors approved in advance by Landlord, which approval shall not be unreasonably withheld, and shall be performed diligently and in a condition to its consent, any requirements that Landlord first-class workmanlike manner and in its discretion may deem reasonable or desirableaccordance with plans and specifications reasonably approved by Landlord. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable pay Landlord a fee equal to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% ten percent (10%) of the cost of the Alterations. Landlord may elect to cause Alterations for its architect to review Tenant’s architectural plans, management and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan supervision of the Premisesprogress of the work. Any Alterations, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations including moveable partitions that are affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures moveable, free standing partitions) and furnitureall carpeting, shall at once become part of the Building and the property of Landlord. Such Tenant shall give Landlord not less than ten (10) days prior written notice of the date the construction of the Alterations is to commence. Landlord may post and record an appropriate notice of nonresponsibility with respect to any Alteration and Tenant shall maintain any such notices posted by Landlord in or on the Premises. At Landlord's sole election, any or all Alterations made for or by Tenant shall be surrendered with removed from the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, expiration or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant Premises shall repair any damage be restored to their condition prior to the Premises arising from that removal and shall restore making of the affected area to its pre-existing conditionAlterations, reasonable ordinary wear and tear excepted. The removal of the Alterations and the restoration of the Premises shall be performed by a general contractor selected by Tenant and reasonably approved by Landlord, in which event Tenant shall pay the general contractor's fees and costs in connection with such work. Any separate work letter or other agreement which is hereafter entered into between Landlord and Tenant pertaining to Alterations shall be automatically governed by this Paragraph 12, unless otherwise expressly stated in such work letter or agreement.

Appears in 1 contract

Samples: Office Lease (Intellisys Group Inc)

Alterations. Except for cosmetic alteration projects that do not exceed $35,000.00 during each calendar year and that do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, decorations or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of LandlordLandlord which consent shall not be unreasonably withheld, conditioned or delayed. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 53% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-as- built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Datetime of Landlord’s approval, require Tenant to remove by the Expiration Date, Date or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cablingexcluding any Tenant Improvements constructed pursuant to the Work Letter) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear tear, casualty and condemnation excepted.

Appears in 1 contract

Samples: Lease (BioCardia, Inc.)

Alterations. Tenant shall not make no or perform or permit the making or ------------ performance of, any alterations, additionsinstallations, decorationsimprovements, additions or improvements other physical changes in or about the Premises (hereinafter collectively referred called "Alterations") without Landlord's prior consent. Landlord agrees not to withhold unreasonably its consent to any Alterations which are nonstructural or which do not affect the Buildings mechanical systems or services, proposed to be made by Tenant to adapt the Premises for those business purposes permitted by subsection A of Article 2 hereof, provided that such Alterations are performed only by contractors or mechanics approved by Landlord which approval shall not be unreasonably withheld or delayed, do not affect any part of the Building other than the Premises, do not adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building and do not reduce the value or utility of the Building. Anything to the contrary notwithstanding, Landlord's consent shall not be required in connection with the performance of ordinary decorations to the Premises. All Alterations shall be done at Tenant's expense and at such times and in such manner as “Alterations”) Landlord may from time to time reasonably designate pursuant to the conditions for Alterations prescribed by Landlord for the Premises. All furniture, furnishings, and movable fixtures and partitions installed by Tenant and all Alterations in and to the Premises without which may be made by Tenant at its own cost and expense prior to and during the Term, or any renewal thereof, shall remain the property of Tenant and upon the Expiration Date or earlier end of the Term or any renewal thereof, may be removed from the Premises by Tenant at Tenant's option, provided, however, that Tenant shall repair and restore in good and workmanlike manner to Building standard original condition (reasonable wear and tear excepted) any damage to the Premises or the Building caused by such removal. Any of such fixtures or installations not so removed by Tenant at or prior written consent to the Expiration Date or earlier termination of the Term shall become the property of Landlord, and shall remain upon and be surrendered with the Premises as part thereof at the end of the Term. Prior to making any Alterations, Tenant (i) shall submit to Landlord may imposedetailed plans and specifications (including layout, as a condition to its consentarchitectural, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits structural drawings) for the Alterations each proposed Alteration and shall perform the work in compliance with all applicable lawsnot commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant (ii) shall, at its expense, obtain all permits, approvals, and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration required by any governmental or quasi-governmental bodies and shall furnish Landlord with as-built drawings copies thereof. All Alterations shall be made and CAD disks compatible performed in accordance with Landlord’s systems. Unless Landlord otherwise agrees the Rules and Regulations (hereinafter defined); all materials and equipment to be incorporated in writing, the Premises as result of all Alterations affixed shall be new and first quality; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. In the event any Alterations are performed by general partner of Landlord or any entity which is under the common control of Landlord or and general partner of Landlord, the failure by Tenant to pay the cost of such Alterations upon rendition of xxxx therefor shall be deemed material default under this Lease. Any mechanic's lien filed against the Premises, including without limitation all or the Real Property, for work claimed to have been done for, or materials claimed to have been furnished to, Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with discharged by Tenant within thirty (30) days thereafter, at Tenant's expense, by payment or filing the Premises bond required by law. Tenant shall not, at the end of any time prior to or during the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Datedirectly or indirectly employ, or sooner termination date permit the employment of, any contractor, mechanic or laborer in the Premises, whether in connection with any Alteration or otherwise, if, in the Landlord's sole discretion, such employment will interfere or cause any conflict with other contractors, mechanics, or labors engaged in the construction, maintenance or operation of this Leasethe Building by Landlord, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”)others. In connection with its removal the event of Required Removablesany such interference or conflict, Tenant Tenant, upon demand of Landlord, shall repair any damage cause all contractors, mechanics or labors causing such interference or conflict to leave the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedBuilding immediately.

Appears in 1 contract

Samples: Agreement of Lease (Global Broadcasting Systems Inc/Fa)

Alterations. Except for projects costing less than Twenty-Five Thousand Dollars ($25,000.00) and satisfying the criteria in the next following sentence, Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, and utilize only building standard materials. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord’s 's designated mechanical and electrical contractorscontractors for all work affecting the mechanical or electrical systems of the Building. Should Tenant perform any work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations work and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlordordinances. Except for cosmetic work that does not require a permit, Landlord shall be entitled to a supervision fee in the amount of five percent (5% %) of the cost of the Alterationswork. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s 's architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations work proposed by Tenant and consented to by Landlord change modify the floor plan internal configuration of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s 's systems. Unless Landlord otherwise agrees in writing, all Alterations alterations, additions or improvements affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time of Landlord's consent to the Expiration Datealteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone alterations, decorations, fixtures, additions, improvements and data cabling) the like installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”)'s request. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt payment from Tenant of the cost thereof, inclusive of the standard coordination fee of Landlord's management agent.

Appears in 1 contract

Samples: Diedrich Coffee Inc

Alterations. Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (TuSimple Holdings Inc.)

Alterations. Tenant Subtenant agrees that it shall not make no or permit the making of any alterations, additions, decorations, installations, additions or improvements (collectively referred to as “Alterations”) improvements, including the Tenant Improvements, in or to the Sub-Sublease Premises without except in strict compliance with the conditions set forth in Paragraph FOURTH of the Base Lease, which conditions may include, as applicable, the prior written consent of LandlordMaster Landlord (if applicable) Sublandlord and Sub-Sublandlord as set forth therein. Landlord may impose, as a condition Subtenant agrees to its consent, reimburse Sub-Sublandlord for any requirements that fees or other charges levied against Sub-Sublandlord by Master Landlord in its discretion may deem reasonable connection with obtaining such consent and in making such alterations, decorations, installations, additions or desirableimprovements. Tenant Sub-Sublandlord shall use Landlord’s designated mechanical and electrical contractorsforward to Master Landlord any request from Subtenant for alterations to the Sub-Sublease Premises, obtain all to the extent such consent is required permits for under the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% terms of the cost Master Lease, within five (5) business days after receipt of such request from Subtenant. To the Alterations. extent that the consent of Master Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with asSub-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed Sublandlord is required pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property terms of Landlord. Such Alterations shall be surrendered with the Premises at the end Paragraph FOURTH of the TermBase Lease, except that Landlord maySub-Sublandlord shall give or deny its consent to any alterations requested by Subtenant no later than five (5) business days after request for approval. Sub-Sublandlord shall advise Subtenant, within two (2) business days after receipt thereof, of Master Landlord’s consent or denial of any alterations requested by notice to Tenant given at least 30 days Subtenant. Subtenant shall remove any alterations, including Subtenant’s Work, on or prior to the Expiration Date, require Tenant if and to remove the extent required by Master Landlord. After completion of Subtenant’s Work contemplated by Section 1B above, Subtenant shall have the Expiration Date, or sooner termination date right to make non-structural and/or cosmetic alterations and improvements to the Sub-Sublease Premises to the same extent as Sub-Sublandlord could under Section FOURTH of this the Base Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, provided the “Required Removables”)same do not cost in excess of $25,000 per incident; such right is agreed to be personal to Subtenant. In connection with its removal of Required Removables, Tenant shall repair any damage Notwithstanding anything to the Premises arising from contrary contained in this Sublease, on condition that removal the Subtenant is in compliance with all applicable governmental laws, rules and regulations, Sub-Sublandlord shall restore the affected area not unreasonably withhold or delay its consent to its preany non-existing condition, reasonable wear and tear exceptedstructural alteration.

Appears in 1 contract

Samples: Agreement of Sublease (Harris Interactive Inc)

Alterations. Tenant (A) Subject to the terms and provisions of this Sublease, Subtenant shall accept the existing improvements to the Premises in their “as is” condition as of the date hereof and shall have no obligation to remove those existing improvements at the end of the Term. Subtenant shall make no other alterations, additionsinstallations, decorations, additions or improvements (collectively referred to as collectively, “Alterations”) to in or about the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Sublandlord and Prime Landlord in its discretion may deem reasonable or desirableeach instance as provided in the Prime Lease. Tenant Any alterations consented to by Prime Landlord shall use be deemed to have been consented to by Sublandlord provided and on condition that Prime Landlord’s designated mechanical consent states that neither Subtenant nor Sublandlord shall be required to restore the Premises upon expiration or earlier termination of this Sublease to the condition prior to such installation of alteration. If Prime Landlord’s consent does not so state, then Sublandlord’s consent to such Alteration may be reasonably withheld, conditioned or delayed. All alterations shall be performed by Subtenant at its sole cost and electrical contractors, obtain all required permits for the Alterations expense and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost provisions of the Prime Lease, including the provisions requiring Prime Landlord’s prior written consent. In the event that Subtenant shall make any Alterations. , Subtenant shall, if required by Prime Landlord may elect and Sublandlord, upon consent for making such Alteration, restore the Premises to cause its architect to review Tenant’s architectural plans, and their original condition at the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan commencement of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Sublease (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted) at the expiration of this Sublease. Subtenant will only be required to restore Specialty Alterations (as defined in the Prime Lease) or other alterations if required by Prime Landlord if Prime Landlord expressly requires such restoration in writing at the time it gives its approval. Subtenant hereby indemnifies and holds Sublandlord harmless from any liability, it may incur to Prime Landlord or others resulting from Subtenant’s Alterations.

Appears in 1 contract

Samples: Agreement of Sublease (Getty Images Inc)

Alterations. Tenant, at Tenant's sole expense, may install necessary trade fixtures, equipment and furniture in the Premises provided that such items are installed and are removable without structural damage to the Building. Said trade fixtures, equipment and furniture shall remain Tenant's property and shall be removed by Tenant prior to expiration of the Term or upon earlier termination of this Lease. Landlord reserves the fight to approve or disapprove of any alterations to the exterior appearance of the Building and any interior improvements visible from outside the Premises on wholly aesthetic grounds. Such improvements must be submitted for Landlord's written approval prior to installation or Landlord may remove or replace such items at Tenant's sole expense. Upon Landlord's prior written approval, which shall not be unreasonably withheld, delayed or conditioned. Tenant may make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) non-structural alterations to the Premises and may also install temporary improvements in the interior of the Premises, provided that such improvements are installed and are removable without structural damage to the Building and excepting minor, non-structural alterations such as painting or re- carpeting which do not cost in excess of $25,000 which Tenant may perform without Landlord's consent. All approvals given by Landlord pursuant to this Article H shall be deemed conditioned upon (i) Tenant's acquiring all applicable permits required by governmental authorities, (ii) furnishing of copies of such permits together with a copy of the plans and specifications to Landlord prior written consent to commencement of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work thereon, and (iii) the compliance by Tenant with all conditions of said permits in a prompt and expeditious manner. Any alterations or installations by Tenant during the term of this Lease shall be done in a good and workmanlike manner, with good and sufficient materials, and in compliance with all applicable lawsRegulations. If a notice of completion is required for such work, regulations Tenant shall file it and ordinances provide Landlord with contractors reasonably acceptable a copy. Tenant shall, at Tenant's cost, provide Landlord with a set of "as-built" drawings for any work which Tenant undertakes. Tenant shall repair, at Tenant's sole expense, all damage to Landlordthe Premises and/or Building caused by the installation or removal of trade fixtures, equipment, furniture or temporary improvements. If Tenant fails to remove the foregoing items on termination of this Lease, Landlord shall shall, be entitled the owner of such items. The parties agree that although Tenant's storage racks will be bolted to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to they will remain the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the personal property of Landlord. Such Alterations shall Tenant, and will be surrendered with the Premises removed by Tenant on or prior to at the end expiration or earlier termination of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone Lease and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall promptly repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedcaused by such removal.

Appears in 1 contract

Samples: Lease (Am General Corp)

Alterations. Except as set forth on Exhibit "C" attached hereto, Tenant shall not make no or cause to be made any alterations, additions or improvements or install or cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, or shades or awnings, or make any other changes to the Leased Premises without first obtaining Landlord's written approval, which approval shall not be unreasonably withheld. Tenant shall present to the Landlord plans and specifications for such work at the time approval is sought. In the event Landlord consents to the making of any alterations, additions, decorationsor improvements to the Leased Premises by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense. All such work with respect to any alterations, additions, and changes shall be done in a good and workmanlike manner and diligently prosecuted to completion such that, except as absolutely necessary during the course of such work, the Leased Premises shall at all times be a complete operating unit. Any such alterations, additions, or changes shall be performed and done strictly in accordance with all laws and ordinances relating thereto. In performing the work or any such alterations, additions, or changes, Tenant shall have the same performed in such a manner as not to obstruct access to any portion of the Building. Any alterations, additions, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost Leased Premises, including, but not limited to, wallcovering, paneling, and built- in cabinet work, but excepting movable furniture and equipment, shall at once become a part of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, realty and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Leased Premises unless Landlord otherwise elects at the end of the Termterm hereof. Notwithstanding the above, except that Landlord may, by decorating items shall not require notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Dateto, or sooner termination date consent of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”)Landlord. In connection with its removal of Required Removablesthe event Landlord does not respond to Tenant's written request for consent within ten (10) days, Tenant consent shall repair be deemed given. Landlord shall not charge any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedsupervisory fee for alterations.

Appears in 1 contract

Samples: Lease Agreement (Tenfold Corp /Ut)

Alterations. (a) Subject to the provisions of this subparagraph (a), Tenant shall not make no any alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld; provided, however, should Tenant submit preliminary plans for making an alteration to the Premises and such plans are in form sufficient for Landlord to review the alteration contemplated by Tenant, Landlord shall respond within ten business days of its receipt of such plans, or the plans and the alteration to be made by Tenant shall be deemed approved. If the plans submitted by Tenant are insufficient for Landlord to review the contemplated alteration, Landlord shall so notify Tenant and Tenant shall revise and resubmit the plans to Landlord but the ten day time period for Landlord to act as aforesaid shall not be deemed to commence until such time as Tenant shall have submitted a sufficient plan to Landlord, as reasonably determined by Landlord. All submissions of plans to Landlord under this paragraph 5 shall be sent in accordance with the provisions of paragraph 20 hereof. Landlord may impose, require as a condition to Tenant making any alteration to the Premises that Tenant restore the Premises to its consentcondition as of the Commencement Date prior to Tenant vacating the Premises. Tenant may, any requirements that Landlord without the consent of Landlord, but at its own cost and expense and in its discretion a good workmanlike manner, erect such shelves, bins, machinery and trade fixtures and remove and replace interior non-structural walls, as it may deem reasonable advisable, without altering the basic character or desirablestructure of the Premises or improvements and without overloading or damaging the Premises or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. Tenant shall use not make any alterations, additions or improvements to the Premises which will contravene Landlord’s designated mechanical and electrical contractorspolicies insuring against loss or damage by fire or other hazards, obtain all required permits for the Alterations and shall perform the work including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in compliance with all applicable laws, regulations and ordinances with contractors reasonably companies acceptable to Landlord. If any such alterations, additions or improvements cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Premises for permitted uses thereof, Tenant shall be entitled to a supervision fee in pay as additional rent the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed any such increase promptly upon demand by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease Agreement (Trimeris Inc)

Alterations. a. Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) in or to the Premises without the Landlord's prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable and then only by contractors or desirablemechanics approved by Landlord. Tenant shall use Landlord’s designated mechanical submit to Landlord plans and electrical contractorsspecifications for any proposed alterations, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed additions or improvements to the Premises, including and may not make such alterations, additions or improvements until Landlord has approved of such plans and specifications. Tenant shall construct such alterations, additions or improvements in accordance with the plans and specifications approved by Landlord, and shall not amend or modify such plans and specifications without limitation all Tenant Improvements constructed pursuant Landlord's prior written consent. If the proposed change requires the consent or approval of any lessor of a superior lease, or the holder of a mortgage encumbering the Premises, such consent or approval must be secured prior to the Work Letter construction of such alteration, addition or improvement. All such work shall be done at such times and in such manner as Landlord may from time to time designate. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, regulations and requirements of all governmental agencies, offices and boards having jurisdiction, and in full compliance with the rules, regulations and requirements all governmental agencies, offices and boards having jurisdiction, and in full compliance with the rules, regulations and requirements of the Insurance Service Office, and any similar body. Before commencing any work, Tenant shall give Landlord at least ten (except as otherwise provided 10) days written notice of the proposed commencement of such work and shall, if required by Landlord, secure at Tenant's own cost and expense, a completion and lien indemnity bond satisfactory to Landlord for said work. Tenant further covenants and agrees that any mechanic's lien filed against the Premises or against the Building for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be discharged by Tenant, by bond otherwise, within (10) days after the filing thereof, at the cost and expense of Tenant. All alterations, additions or improvements upon the Premises made by either party, including (without limiting the generality of the foregoing) all wallcovering, built-in cabinet work, paneling and the Work Letter), but excluding moveable trade fixtures and furniturelike, shall unless Landlord elects otherwise, become the property of Landlord. Such Alterations , and shall remain upon, and be surrendered with the Premises Premises, as a part thereof, at the end of the Termterm hereof, except that Landlord may, by written notice to Tenant given at least 30 days prior to the Expiration DateTenant, require Tenant to remove all partitions, counters, railings and the like installed by the Expiration DateTenant, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any all damage resulting from such removal or, at Landlord's option, shall pay to the Premises Landlord all costs arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedsuch removal.

Appears in 1 contract

Samples: Heritage Oaks Bancorp

Alterations. Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the must obtain Landlord’s prior written consent to make any changes whatsoever to the Apartment, including but not limited to installing any paneling, flooring, “built in” decorations, partitions, railings or make alterations or to paint or wallpaper the Apartment. Tenant is not allowed to change the colors of Landlord. Landlord may imposethe walls of the Apartment, as and must surrender the Apartment in a condition that consists of newly flat white-painted walls when ending Tenancy. Tenant must not change the plumbing, ventilation, air conditioning, electric or heating systems. Tenant is not allowed to its consentinstall telephone/TV/cable/Internet antennas, nor satellite dishes, etc., without written permission from Landlord; Landlord must be present to supervise any requirements installations. If consent is given, the alterations and installations shall become the property of Landlord when completed and paid for. They shall remain with and as part of the Apartment at the end of the term. Xxxxxxxx has the right to demand that Landlord in its discretion may deem reasonable or desirableTenant remove the alterations and installations. Tenant shall use Landlordcomply with the demand at Xxxxxx’s designated mechanical and electrical contractorsown cost. Landlord has the right to require escrow from Tenant, obtain all required permits for any approved changes. If a Mechanic’s lien is filed on the Alterations and shall perform Apartment or Building for Tenant’s failure to pay for alterations or installations in the work Apartment, Tenant must immediately pay or bond the amount stated in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlordthe Lien. Landlord shall have no responsibility to pay or bond the Lien if Xxxxxx fails to do so. Any cost incurred by Landlord shall be entitled added rent, immediately due for payment. REPAIRS AND HOUSEKEEPING Tenant must take good care of the Apartment and all equipment and fixtures in it. Tenant must, at Tenant’s cost, make all repairs and replacements whenever the need results from Xxxxxx’s act or neglect. If Tenant fails to make a supervision needed repair or replacement, to the satisfaction of the Landlord, Landlord may do it. Xxxxxxxx’s expense will be added rent. Landlord will also assess Tenant an administrative fee in the amount of 5equal to 15% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan repair of the Premisesdamage, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premisescleaning or replacement, including without limitation all Tenant Improvements constructed pursuant to any such costs incurred during the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises turnover period at the end of the Termlease term. Tenant will maintain a level of housekeeping so as to keep the apartment in a clean, except sanitary and orderly condition. Tenant agrees to take measures to prevent moisture accumulation and mold growth, including appropriate climate control, regular cleaning, removal of visible moisture accumulation. Tenant hereby acknowledges that he/she has received the information regarding mold and actions to mitigate its risks. Xxxxxx also agrees to promptly report leaks, moisture or visible evidence of mold growth in their apartment, plumbing leaks, and/or any water accumulation due to leaks. In the event Tenant fails to do so, Xxxxxxxx may arrange for Xxxxxx’s apartment to be cleaned and bill the cost thereof to Tenants as added rent. Tenant is responsible for replacing batteries at their own expense in the Carbon Monoxide alarm on the first day of Spring and on the first day of Autumn while occupying the Apartment, and the Tenant is also responsible for replacing batteries at their own expense in the Smoke alarm on the first day of Spring and on the first day of Autumn while occupying the Apartment, and the Tenant is responsible for replacing all non-working light bulbs at their own expense while occupying the apartment. EXTERMINATION Landlord maywill give Tenant written notice of scheduled insect and/or pest extermination dates. Landlord will provide information of extermination materials used upon Xxxxxx’s request. Tenant hereby agrees to notify Landlord at first notice of any onset of insects and/or pests. Xxxxxx also herby agrees that if Xxxxxx brings in any problematic insects and/or pests to their apartment or others’ apartment(s), by notice including but not limited to fleas, ticks and/or bed bugs, Tenant given at least 30 days prior will pay for all expenses related to the Expiration Dateeradication of said insect and/or pest problem. Xxxxxx also agrees that if Xxxxxx’s lack of housekeeping brings about the onset of an insect and/or pest problem Tenant will be held responsible for any and all expenses related to the eradication of said insect and/or pest problem. FIRE, require ACCIDENT, DEFECTS, DAMAGE Tenant must give Landlord prompt notice of fire, accident, damage or dangerous or defective conditions. If the Apartment can not be used because of fire or other casualty, Tenant is not required to remove pay rent for the time the Apartment is unusable. If part of the Apartment cannot be used, Tenant must pay rent for the usable part. Landlord shall have the right to decide which part of the Apartment is usable. Landlord need only repair the damaged structural parts of the Apartment, as allowable. Landlord is not required to repair or replace any equipment, fixtures, furnishings or decoration unless originally installed by Landlord. Xxxxxxxx is not responsible for delay due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully under Landlord’s control. If the Expiration Datefire or other casualty is caused by an act or neglect of Tenant or guest of Tenant, or sooner termination date at the time of the fire or casualty Tenant is in default in any term of this Lease, which relates directly to the fire or casualty, then all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord repairs will be made at Tenant’s request (collectivelyexpense and Tenant must pay the full rent with no adjustment. The cost of the repairs will be added rent. Landlord has the right to demolish or rebuild the Building if there is substantial damage by fire or other casualty. Even if the Apartment is not damaged, Landlord may cancel this Lease within 30 days after the “Required Removables”)substantial fire or casualty by giving Tenant notice of Landlord’s intention. In The Lease will end 30 days after Xxxxxxxx’s Cancellation notice to Tenant. Tenant must deliver the Apartment to Landlord on or before the cancellation date in the notice and pay all rent due to the date of the fire or casualty. If the Lease is cancelled, Landlord is not required to repair the Apartment or Building. The cancellation does not release Tenant of liability in connection with its removal the fire or casualty. This Section is intended to replace the terms of Required Removables, New York Real Property Law Section 227. Tenant shall repair any damage has no right to the Premises arising from that removal and shall restore the affected area cancel this Lease due to its pre-existing condition, reasonable wear and tear exceptedfire or casualty.

Appears in 1 contract

Samples: Apartment Lease

Alterations. Except for cosmetic alterations and projects that do not exceed $150,000.00 during any calendar year of the Term, that do not require a permit from the City of Irvine and that satisfy the criteria in the next following sentence (which cosmetic work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the AlterationsAlterations Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that the review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Wm Technology, Inc.)

Alterations. Tenant shall make no alterations, additions, decorations, changes in or improvements (collectively referred to as “Alterations”) to the Demised Premises of any nature without Landlord's prior written consent provided, however, that Tenant may make purely decorative changes such as painting and installation of partitions and carpeting without Landlord's consent, but upon notice to Landlord. Subject to the prior written consent of Landlord. Landlord , not to be unreasonably withheld or delayed and to the provisions of this Article, Tenant at Tenant's expense, may imposemake non-structural alterations, as a condition to its consentinstallations, any requirements that Landlord in its discretion may deem reasonable additions or desirable. Tenant shall use Landlord’s designated mechanical improvements which do not affect utility services or plumbing and electrical contractorslines, obtain all required permits for in or to the Alterations interior of the Demised Premises using licensed and shall perform the work in compliance with all applicable laws, regulations and ordinances with reputable contractors or mechanics first reasonably acceptable to approved by Landlord. Landlord agrees to respond to Tenant's request for consent within 5 business days following receipt of Tenant's request therefore. All labor employed by Tenant shall be entitled to a supervision fee harmonious and compatible with the labor employed by Landlord and other tenants in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansBuilding, and the reasonable cost of it being agreed that review if such labor shall be reimbursed by Tenantincompatible, Tenant shall forthwith on Landlord's demand withdraw such labor from the Demised Premises. Should Notwithstanding the Alterations proposed by foregoing, Tenant must use Landlord's base building contractor for any electrical work in and consented to by Landlord change or from the floor plan of the Demised Premises, then . Tenant shall, at its expense, furnish before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord. Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Landlord with as-built drawings and CAD disks compatible with Landlord’s systemsmay require. Unless Landlord otherwise agrees in writingIf any mechanic's lien is filed against the Demised Premises or the Building for work claimed to have been done for, all Alterations affixed to the Premisesor materials furnished to, including without limitation all Tenant Improvements constructed Tenant, whether or not done pursuant to this Article, the Work Letter same shall be discharged by Tenant within thirty (except as otherwise provided 30) days after Tenant receives written notice thereof at Tenant's expense, by filing the bond required by law or otherwise. All fixtures and all paneling, partitions, railings and like installations, installed in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Demised Premises at the end of the Termany time, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord on Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the Demised Premises unless Landlord, by notice to Tenant no later than thirty (30) days prior to the date fixed as the termination of this (ease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event the same shall be removed from the Demised Premises by Tenant prior to the expiration of the lease, at Tenant’s request (collectively's expense. Landlord hereby requires Tenant to remove the Generator and all switching equipment and wiring and other equipment appurtenant thereto, the “Required Removables”)as defined below. In connection with its Nothing in this Article shall be construed to give Landlord title to or to prevent Tenant's removal of Required Removablestrade fixtures, moveable office furniture and equipment, but upon removal of any such furniture, fixtures and equipment from the Demised Premises or upon removal of other installations as may be permitted hereunder, Tenant shall immediately and at its expense, repair and restore the Demised Premises to the condition existing prior to installation and repair any damage to the Demised Premises arising or the Building due to such removal. All property permitted to be removed by Tenant at the end of the term remaining in the Demised Premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or removed from that removal and shall restore the affected area to its pre-existing conditionDemised Premises by Landlord, reasonable wear and tear exceptedat Tenant's expense.

Appears in 1 contract

Samples: Lease Agreement (Arbinet Thexchange Inc)

Alterations. 6.1 Tenant shall not make no any additions, alterations, additionsimprovements or changes (collectively, decorations, or improvements (collectively referred to as AlterationsTenant Improvements”) in or to the Premises or the Building without the prior written approval of Landlord, including, without limitation, any penetration of the roof from the interior or exterior of the Premises (which must be performed by the contractor that installed the roof, or such other contractor acceptable to Landlord in its sole and absolute discretion). Any request to make Tenant Improvements shall be accompanied by a set of plans drawn by a licensed architect and a proposed timeline for the completion of the work. All Tenant Improvements shall be at the sole cost and expense of Tenant. Any Tenant Improvements shall be made promptly and in a good and workmanlike manner and in compliance with all insurance requirements and with all applicable permits, authorizations, building regulations, zoning laws and all other governmental rules, regulations, ordinances, statutes and laws, now or hereafter in effect pertaining to the Premises or Tenant’s use thereof and such Tenant Improvements shall be done by recognized union labor if so required by Landlord. Prior to the commencement of such work, Tenant shall give evidence to Landlord that appropriate insurance satisfactory to Landlord has been obtained by Tenant and Tenant’s contractor for the protection of Landlord and its tenants and invitees from damage or injury resulting from the making of such Tenant Improvements. In addition, prior to the commencement of such work, Tenant, if required by Landlord, shall secure, at Tenant’s expense, performance, labor and materials bonds for the full cost of such work satisfactory to Landlord. Landlord will direct electricians as to where and how telephone wires are to be introduced. No boring or cutting for wires will be allowed without the consent of Landlord. Landlord may imposeThe location of telephones, as a condition call boxes and other office equipment affixed to its consent, any requirements that Landlord in its discretion may deem the Premises shall be subject to the reasonable or desirableapproval of Landlord. Tenant shall use Landlord’s designated mechanical not lay linoleum, tile, carpet or other similar floor coverings and electrical contractors, obtain all required permits for the Alterations and same shall perform not be affixed to the work floor of the Premises in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to any manner except as approved by Landlord. Landlord The expense of repairing any damage resulting from a violation of this rule or removal of any floor covering shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed borne by Tenant. Should the Alterations proposed Any Tenant Improvements made by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, shall at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall option become the property of LandlordLandlord upon the expiration or sooner termination of this Lease. Such Alterations However, Landlord shall be surrendered with have the Premises at the end of the Term, except that Landlord may, by notice right to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Datesuch Tenant Improvements, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectivelysole cost and expense, upon such termination of this Lease and to surrender the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage Premises in the same condition as it was prior to the Premises arising from that removal and shall restore the affected area to its pre-existing conditionmaking of any or all such Tenant Improvements, reasonable ordinary wear and tear excepted.

Appears in 1 contract

Samples: Lease (1847 Holdings LLC)

Alterations. Tenant shall 7. Except for (i) the improvements, alterations and additions described in Exhibit B attached hereto, which may be made by Lessee at its expense and which Lessor hereby approves and authorizes Lessee to make no at its convenience without the need for any further approvals by Lessor and (ii) alterations, additionsimprovements or additions Lessee may desire to make from time to time during the Term, decorationswhich are of a decorative or cosmetic nature or which do not materially affect the structure or the systems of the building. Lessee shall not make any alterations, additions or improvements (collectively referred to as “Alterations”) to the Premises (including but not limited to roof and wall penetrations) without the prior written consent of LandlordLessor, such consent will not be unreasonably withheld. Landlord All alterations, additions, improvements, and partitions erected by Lessee, except those permitted under (i) or (ii) above, shall be and remain the property of Lessee during the term of this lease, and Lessee shall, unless Lessor otherwise elects by written notice to Lessee to have Lessee leave any or all of such alterations, additions or improvement as hereinafter provided, remove all alterations, additions, improvements, and partitions erected by Lessee and restore the Premises to their original condition by the date of termination of this lease or upon earlier vacating of the Premises. Lessor may imposeimpose such conditions with respect thereto as Lessor deems reasonably appropriate, including, without limitation, requiring Lessee to furnish Lessor with security for the payment of all costs to be incurred in connection with such work and insurance against liabilities which may arise out of such work. The work necessary to make any alterations, improvements or additions to the premises shall be done at Lessee’s expense by employees of or reputable contractors hired by Lessee and approved by Lessor which approval will not be unreasonably withheld or delayed. Lessor agrees that it will not unreasonably withhold consent to permit Lessee to make said alterations, improvements or additions. Lessee shall promptly pay to Lessor or to Lessee’s contractors, as a condition to its consentthe case may be, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractorswhen due, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansall such work and of all decorating required by reason thereof, and the reasonable cost upon completion deliver to Lessor, if payment is made directly to contractors, evidence of that review payment, contractors’ statements and affidavits and full and final waivers of all liens for labor, services or materials, and Lessee shall protect, defend, indemnify and hold Lessor harmless from all costs, damages, liens and expenses related thereto. All work done by Lessee or its contractors pursuant to this paragraph 7 or pursuant to paragraph 5 hereof shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan done in a first-class workmanlike manner using only good grades of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal materials and shall restore the affected area to its pre-existing condition, reasonable wear comply with all insurance requirements and tear exceptedall applicable laws and ordinances and rules and regulations of governmental departments or agencies.

Appears in 1 contract

Samples: Rubicon Technology, Inc.

Alterations. Tenant shall not make no any alterations to or that could affect the Structural Components, the Building roof membrane, the Building systems (including the HVAC units and systems), the exterior of the Building (including any changes to the existing landscaping), without Landlord’s prior written consent, which consent may be withheld in Landlord’s sole, subjective and absolute discretion. Tenant shall, however, have the right to make interior, non-structural alterations that do not affect the Building systems with the Landlord’s prior written consent, which consent shall not be unreasonably withheld. Landlord’s consent shall be deemed to have been given if not withheld by the tenth (10th) day following Landlord’s receipt of all plans, specifications and working drawings determined by Landlord’s architect to be sufficient to permit an informed decision with respect to the proposed interior non-structural alteration. If Landlord gives its consent to such alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may imposepost notices of nonresponsibility and require Tenant to comply with other rules and regulations as Landlord may establish from time to time, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use including submission of plans and specifications for Landlord’s designated mechanical approval, the posting of performance and electrical contractorspayment bonds for any alterations the estimated cost of which is in excess of $100,000.00, obtain all required permits and reimbursement to Landlord for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. any engineering or consulting firms required by Landlord may elect to cause its architect to review Tenant’s architectural plans, proposed plans and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant for an independent roofing consultant and consented to any roofing contractor required by Landlord change if said alterations involve roof penetrations or other work on the floor plan roof. In consideration for Landlord’s review of Tenant’s proposed plans and alterations, upon completion of construction, Landlord shall receive, as additional Rent, an amount equal to four percent (4%) of the Premisestotal construction cost but in no event less than $300.00 per alteration occurrence. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, then except that Landlord, in its sole, subjective and absolute discretion, may elect to require Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to remove any alterations (including the Premises, including without limitation all Tenant Improvements initial tenant improvements constructed pursuant to the Work Letter Agreement to the extent Landlord requires removal) which Tenant may have made to the Premises. However, after completion of the initial tenant improvements, Tenant shall have the right upon submitting to Landlord a request for consent to any subsequent alterations to concurrently request Landlord’s determination whether Landlord will require that such proposed alterations be removed upon expiration or earlier termination of the Lease. If such a request is made, Landlord shall notify Tenant, concurrently with Landlord’s response to the request for approval, whether Landlord will require the removal of such alterations. Landlord’s failure to notify Tenant within ten (except as otherwise provided in 10) business days following receipt of the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations request shall be surrendered with the Premises at the end deemed to be Landlord’s determination to require that such alterations be removed upon expiration or earlier termination of the Term. If Landlord elects or is deemed to have elected to require removal of such alterations, except that Landlord maythen Tenant, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request cost, shall restore the Premises to the condition designated by Landlord in its election, before the last day of the Term or within thirty (collectively30) days after notice of its election is given, whichever is later. Notwithstanding the “Required Removables”). In connection with its removal of Required Removablesforegoing, Tenant shall repair any damage have the right to make non-structural, interior alterations to the Premises arising from that removal do not affect Building systems costing no more than Fifty Thousand Dollars ($50,000.00) in any one Lease Year (the “Cost Threshold”) without obtaining Landlord’s prior consent (“Pre-Permitted Alterations”); provided, however, for any proposed Pre-Permitted Alterations, Tenant shall deliver to Landlord at least fifteen (15) days prior written notice together with reasonably sufficient supporting documentation that the proposed alterations are non-structural, affect only the interior of the Premises, do not affect the Building systems, and are within the Cost Threshold for that Lease Year. Tenant shall, at Landlord’s election, remove all such Pre-Permitted Alterations upon expiration or earlier termination of the Lease. For all alterations approved by Landlord (including all Pre-Permitted Alterations), Tenant shall contract with a licensed California contractor approved by Landlord, for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall restore complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. All permitted alterations performed by or through Tenant under this Section 12 shall comply with all applicable Laws. Any valuations or cost analyses of any alterations which are to be submitted to any governmental authority or with the affected area County must be approved by Landlord in its sole and absolute but good faith discretion. All such construction shall be performed in a manner which will not interfere with the quiet enjoyment of other tenants of the Building. Tenant shall pay all costs for such construction and shall keep the Premises and the Building free and clear of all mechanics’, materialmen’s, design professionals’, and other liens which may result from construction by or through Tenant. In the event any such lien is filed as a result of any work undertaken by or through Tenant and such lien is not removed within five (5) days after written demand by Landlord, Landlord shall have the right (but not the obligation) to its pre-existing conditionsatisfy the claim or post a release bond in the statutory amount, reasonable wear in which case any and tear exceptedall costs incurred by Landlord (including any attorneys’ fees) shall be reimbursed by Tenant to Landlord as additional Rent with the next ensuing payment of Base Monthly Rent.

Appears in 1 contract

Samples: Work Letter Agreement (Metropark Usa Inc)

Alterations. Tenant shall make no No alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) shall be made, and no climate regulating, air conditioning, cooling, heating or sprinkler systems, television or radio antennas or heavy equipment shall be installed in or attached to the Premises without the prior written consent of the Landlord. Landlord may impose, as a condition such consent not to its consent, any requirements that Landlord in its discretion may deem reasonable be unreasonably withheld or desirabledelayed. Tenant is not obligated to request or obtain Landlord's consent to make decorations or nonstructural alterations. All of the aforesaid maintenance and repairs shall use Landlord’s designated mechanical be of quality or class substantially equal to the original work or construction and electrical contractors, obtain in conformity with all required permits fire and casualty insurance rating services and according to all applicable building codes and regulations. Tenant agrees that at all times during the Term it shall maintain at its sole cost and expense the sprinkler systems and lines at the Premises in working order. Tenant acknowledges that throughout the Term Landlord shall keep in force and Tenant shall pay for a service contract with a reputable service company for a quarterly inspection and examination of the Alterations sprinkler systems and lines at the Premises and shall perform also allow inspections and examinations to be conducted at any time upon the work in compliance request of any and all insurance companies which provide or may provide insurance with regard to the Premises. Subject to Tenant's rights set forth at termination clause, Tenant agrees to comply at its sole cost and expense with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% requirements of the cost insurance company or companies conducting such inspections and examinations of the Alterationssprinkler system and lines at the Premises. Landlord may elect to cause its architect to review Tenant’s architectural plans, and Not later than the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan last day of the Premisesterm, then Tenant shall, at its Tenant's expense, furnish Landlord with as-built drawings remove all Tenant's personal property and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all those improvements made by Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall which have not become the property of Landlord. Such Alterations shall be surrendered , including, but not limited to trade fixtures, moveable paneling and the like; repair all injury done by or in connection with the installation or removal of said property and improvements; and surrender the Premises in as good condition as they were at the end beginning of the Termterm, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, excepting reasonable wear and tear exceptedtear, repairs required to be performed by Landlord and damage by fire, the elements, casualty, or other cause not due to the misuse or neglect by Tenant, Tenant's agents, servants, or visitors. All other property of Tenant remaining on the Premises after the last day of the term or earlier termination of this Lease shall be conclusively deemed abandoned and may be removed by Landlord, and Tenant shall reimburse Landlord for the cost of such removal. Landlord may have any such property stored at Tenant's risk and expense. In the event that any mechanics' lien is filed against the premises as a result of alterations, additions or improvements made by the Tenant, the Landlord, at its option, after thirty (30) days notice to the Tenant, may pay the said lien, without inquiring into the validity thereof, and the Tenant shall forthwith reimburse the Landlord the total expense incurred by the Landlord in discharging the said lien, as additional rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Alfacell Corp)

Alterations. Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Landlord may impose, as a condition to its consent, any a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements that Landlord in its discretion may deem reasonable or desirableas to the manner, time, and contractor form performance of the work. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations work and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors ordinances. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably acceptable satisfactory to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations alterations, additions or improvements affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time of Landlord's consent to the Expiration Datealteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone alterations, decorations, fixtures, additions, improvements and data cabling) the like installed either by Tenant or by Landlord at Tenant’s 's request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall and to repair any damage to the Premises arising from that removal removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build- out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises for Tenant, Landlord shall restore the affected area be entitled to its pre-existing condition, reasonable wear and tear exceptedprompt reimbursement from Tenant for all Costs incurred. 26 SECTION 7.4.

Appears in 1 contract

Samples: Vision Solutions Inc

Alterations. Except for cosmetic alteration projects that do not exceed $100,000.00 during each calendar year and that satisfy the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, decorations or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord may impose, as a condition to its consent, any requirements that Landlord in its reasonable discretion may deem reasonable or desirable. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 53% of the cost of the Alterations, which includes any architectural fee. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 the time of Tenant’s request for such Alteration, or within 10 days prior to of written notice from Tenant if the Expiration DateAlteration did not require Landlord’s consent, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to restore the affected area to its pre-existing condition or better. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted. Notwithstanding the foregoing, Tenant shall not be obligated to remove the Tenant Improvements described in Exhibit X of this Lease at the end of the Term or earlier expiration of this Lease.

Appears in 1 contract

Samples: Lease (SERVICE-NOW.COM)

Alterations. Tenant shall make no alterations, additions, decorations, or be responsible for the design and construction of the tenant improvements (collectively referred to as “Tenant Improvements” or “Alterations”) ). Tenant shall have final approval, at Tenant’s sole discretion, of all plans for the Tenant Improvements in, about or to the Premises without obtaining the prior written consent of Landlord. However, Tenant shall provide Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirablewith written notice outlining the proposed Tenant Improvements. Tenant shall use have the right to select the general contractor and/or subcontractors for any Alterations, subject to Landlord’s designated mechanical and electrical contractorsapproval which shall not be unreasonably withheld. Landlord shall not charge any construction management fee. With respect to any Alterations, obtain all required permits for the Alterations and shall perform the work in compliance Tenant shall: (a) comply with all applicable lawsRegulations; and (b) will not interfere with the use and occupancy of any other portion of the Premises by any other tenant or its invitees. All Alterations made by Tenant shall remain the property of Tenant until termination of this Lease, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord at which time they shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the TermLandlord if Landlord so elects; provided, except however, that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration DateLandlord’s option, require Tenant to remove by the Expiration Datethat Tenant, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectivelyexpense, remove any or all Alterations made by Tenant and restore the “Required Removables”)Premises to their prior condition by the termination of this Lease provided that Tenant shall be notified in writing of any such requirement at the time Landlord provide consent to the Alterations. In connection with its removal of Required RemovablesNotwithstanding the foregoing, Tenant shall repair remove from the Premises any specialized Tenant Improvements that were paid for or installed for Tenant’s use during the Lease Term. All removals and restoration shall be accomplished in a good and workmanlike manner so as not to cause any damage to the Premises arising from whatsoever and in compliance with Section 33 of this Lease. Tenant shall not be responsible for the removal or restoration costs associated with any Tenant Improvements that removal and shall restore were completed prior to the affected area to its pre-existing condition, reasonable wear and tear exceptedTerm Commencement Date.

Appears in 1 contract

Samples: Commercial Lease (Ultragenyx Pharmaceutical Inc.)

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