Common use of Alterations Clause in Contracts

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions to the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be 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 reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, made

Appears in 2 contracts

Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)

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Alterations. Following (a) The Landlord shall have the Commencement Dateright to perform all Premises Work (as hereinafter defined) reasonably requested by Tenant, at Tenant’s expense under the conditions as defined in Section 12d below, during the Term of the Lease. Tenant understands and agrees that any work requiring a building permit will necessitate preparation of drawings and Tenant agrees to pay for same, including the cost of the building permit. The Landlord shall charge Tenant a fee equal to ten percent (10%) of the total cost of alterations in the event it elects to perform said work. In the event that Landlord does not elect to perform said Premises Work, then Tenant shall obtain Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed, prior to performing any Premises Work and shall use contractors that are reasonably acceptable to Landlord. Tenant shall provide such drawings, plans and specifications as are requested by Landlord in reviewing any such proposed improvements. If Landlord consents to such Premises Work, it shall be made at Tenant’s sole cost and expense and at such time and in such manner so as to not unreasonably interfere with the use and enjoyment of the Building by any other tenant. Tenant shall not make any changesalteration, additions, alterations, improvements addition or additions improvement to the Premises and Common Area Premises, whether structural or attach or affix any articles thereto nonstructural, without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned withheld or delayed. All alterationsTenant shall provide such drawings, improvements, plans and additions to the Premises (other than the Laboratory Premises) and Common Area (specifications as permitted are requested by Landlord in accordance with this Paragraph) reviewing any such proposed improvements. If Landlord consents to any such proposed alteration, addition or improvement, it shall be 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 reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), made at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice expense and at such time and in such manner as to not unreasonably interfere with the use and enjoyment of intent to file or which has been filed against the remainder of the Premises by any other tenant or other person. Landlord may, as a condition of granting its consent or approval hereunder, require Tenant to post such payment and Common Area performance bonds as Landlord deems reasonable to protect Landlord, any Mortgagee, and the Premises. In making any alteration, addition or improvement to the Premises, Tenant shall use materials equal or exceeding in quality and kind the original construction, as certified by the architect who designed the Premises or by such other architect as is designated by Landlord. All such alterations, additions and improvements shall be performed (a) in a good and workmanlike manner; (b) in accordance with all applicable laws and regulations, including but not limited to the ADA (Americans with Disabilities Act); (c) in accordance with all applicable insurance requirements and requirements of any Mortgagee; and (d) in accordance with the drawings, plans and specifications approved by Landlord. All work performed by Tenant shall be subject to Landlord’s inspection and approval to determine whether it complies with the requirements of this Lease. Prior to the commencement of any such work by Tenant, Tenant shall obtain all necessary endorsements to the insurance required by Section 22 hereof to be sure the same covers the performance of such work. Furthermore, Tenant shall defend, indemnify and hold harmless Landlord from and against any and all damages, losses or liability arising from such alterations or improvements or the Building arising out of work done for, or materials furnished to or on behalf of construction thereof by Tenant, its contractors or subcontractors shall be dischargedagents, bonded overservants, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, invitees and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from employees other than Landlord. All alterationsFor purposes hereof, improvements, or additions, whether temporary or permanent in character, madethe term “

Appears in 2 contracts

Samples: Lease Agreement (First Mariner Bancorp), Lease Agreement (First Mariner Bancorp)

Alterations. Following the Commencement Date, 4.1 Tenant shall not make any changes, additions, no alterations, decorations, additions or improvements in or additions to the Demised Premises and Common Area or attach or affix any articles thereto without Landlord’s 's prior written consent, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done then only by Landlord or contractors or mechanics approved in advance in writing by LandlordLandlord and only upon such conditions as Landlord may impose. Tenant shall submit such information as Landlord shall require, including, without Limitation (i) plans and specifications, 00 evidence of insurance coverage in such types and amounts and from such insurers as Landlord deems satisfactory, and (M) all permits and Licenses required in connection with such work. ALL such work shall be done at Tenant’s 's sole cost and expense and at such times and in such manner as Landlord may reasonably approvefrom time to time designate. Any ALL work approved done by Tenant shall be performed in full compliance with all Laws, rules, orders, ordinances, directions, regulations and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and in full compliance with the rules, orders, directions, regulations and requirements of the Insurance Services Office and of any similar body. Before commencing any work, Tenant shall (a) give Landlord hereunder affecting at Least fifteen (15) days' written notice of the Laboratory Premises proposed commencement of such work in order to give Landlord an opportunity to prepare, post and record such notice as may be performedpermitted by Law to protect Landlord from having its interest in Demised Premises or the Building made subject to a mechanic's Lien, and (b) shall secure, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole 's own cost and expense, a completion and Lien indemnity bond, satisfactory to Landlord, for said work. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been mechanic's Lien filed against Demised Premises or against the Premises and Common Area Building or the Land upon which the Building arising out is Located or any of the areas used in connection with the operation of the Building for work claimed to have been done for, or materials claimed to have been furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid discharged by Tenant Tenant, by bond or otherwise, within 10 ten (10) days following after the filing thereof, at the cost and expense of Tenant’s receipt of a xxxx from Landlord. All alterations, improvementsdecorations, additions, or additionsimprovements upon Demised Premises, whether temporary made by either party, including without Limiting the generality of the foregoing, all paneling, partitions, railings, mezzanine floors, galleries and the like, shall, unless Landlord elects otherwise [which election shall be made by giving a notice pursuant to the provisions of Article 27 not less than three (3) days prior to the expiration or permanent in characterother termination of this Lease or any renewal or extension thereof], madebecome the property of Landlord, and shall remain upon, and be surrendered with Demised Premises, as a part thereof, at the end of the Term. If Tenant shall remove any property from Demised Premises, Tenant shall repair or, at Landlord's option, shall pay to Landlord the cost of repairing any damage arising from such removal. Tenant shall not install any machine or equipment which causes noise, heat, cold or vibration to be transmitted to the structure of the building without Landlord's prior written consent, which consent may be conditioned on such terms as Landlord may require.

Appears in 2 contracts

Samples: Letter and Construction Agreement (Homelife Inc), Letter and Construction Agreement (Homelife Inc)

Alterations. Following the Commencement Date, Tenant Subtenant shall not make any changes, additions, alterations, additions or other improvements or additions to the Subleased Premises and Common Area by or attach on behalf of Subtenant (but not including Subtenant’s moveable trade fixtures or affix any articles thereto moveable items of personal property) (“Alterations”) without LandlordSublandlord’s prior written consent, which shall not be unreasonably withheld, conditioned withheld or delayed. All alterations, improvements, and additions the approval of Master Landlord if required by the terms of the Master Lease. At the time Subtenant requests approval from Sublandlord or Master Landlord, Subtenant must obtain the prior written approval of Master Landlord and Subtenant to any contractors and vendors performing work in the Premises Subleased Premises. Subtenant acknowledges that Master Landlord has a pre-approved list of contractors and vendors from which Subtenant must select its contractor and vendors. Sublandlord shall consent or object to any proposed Alterations within three business days after receipt of all materials required by this Sublease and the Master Lease. If Sublandlord does not consent or object to Subtenant’s proposed Alterations within the three business day period provided above, Sublandlord’s consent will be deemed given. Sublandlord may withhold its approval of any proposed Alterations if Subtenant is in default of any of its obligations under this Sublease at the time Subtenant requests Sublandlord’s approval; provided, however, if Subtenant cures the default within the applicable notice and cure periods set forth in this Sublease, Sublandlord shall reconsider Subtenant’s request for approval. Any Alterations to which Sublandlord and Master Landlord (other than the Laboratory Premisesif required) consent must be constructed and Common Area (as permitted by Landlord installed in accordance with this Paragraph(i) all requirements contained in the Master Lease, and (ii) any reasonable requirements imposed by Sublandlord to protect Sublandlord’s interest in the Master Lease and/or in the Subleased Premises. All such alterations, additions and improvements consented to by Sublandlord and Master Landlord (if required) will be made using new, first class materials and in a good and workmanlike manner. Subtenant shall be 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 reasonably approveobligated to diligently pursue the completion of all Alterations to the Subleased Premises. Any work approved by Landlord hereunder affecting the Laboratory Premises that has not been completed in a timely manner may be performedcompleted by Sublandlord or Master Landlord, at Tenant’s option, the expense of Subtenant. Such expense will be collectible as Additional Rent and will be paid by Tenant or Subtenant within 10 days after delivery of a statement for such expense. At its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense, Subtenant shall coordinate all work with a project manager approved by Sublandlord (and Master Landlord, if required), and Sublandlord shall have the right to review all progress in connection with such work. Any mechanics Sublandlord hereby approves Xxxxx Xxxx LaSalle as Subtenant’s project manager. Subtenant shall be solely responsible for any and all expenses additional costs charged by Master Landlord (whether billed directly to Sublandlord or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building Subtenant) arising out of the approval or installation of the Alterations pursuant to the Master Lease, including without limitation legal expenses, architectural and engineering expenses. Where possible, Subtenant shall coordinate payment of all additional costs directly with Master Landlord. Subtenant will indemnify and hold Sublandlord, Master Landlord, the Subleased Premises, the Premises, and the Building free, clear and harmless of and from all mechanics’ liens and claims of liens, and all other liabilities, liens, claims and demands on account of such work done for, or materials furnished to by or on behalf of TenantSubtenant. Prior to the commencement of any work (including, its contractors but not limited to, any maintenance, repairs, alterations, additions, improvements or subcontractors installations) in or to the Subleased Premises, by or for Subtenant, Subtenant will give Sublandlord written notice of the proposed work and the names and addresses of persons supplying labor and materials for the proposed work. Sublandlord and/or Master Landlord will have the right to post notices of non-responsibility or similar written notices on the Subleased Premises and the Premises in order to protect the same against any such liens. Upon termination of this Sublease, any Alterations to the Subleased Premises shall be dischargedremain in the Subleased Premises, bonded overand Subtenant shall not have the right to remove such Alteration, unless requested to do so in writing by Sublandlord at such time as Sublandlord’s consent is received, or otherwise satisfied by Tenant within ten days following Master Landlord to the earlier extent permitted under the Master Lease; provided, however, Sublandlord shall not require Subtenant to remove any Alterations or restore the Subleased Premises unless such restorations or removal is a requirement of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filedMaster Landlord. If Tenant fails Subtenant is required to dischargeremove any improvements, bond overSubtenant shall, or otherwise satisfy any such lien, Landlord may do so at Tenant’s its sole cost and expense, restore the Subleased Premises to their condition prior to this Sublease, and restore the amount expended by Landlord, including reasonable attorneys’ fees, Subleased Premises in accordance with all terms and conditions in the Master Lease. Subtenant’s obligations under this section shall be paid by Tenant within 10 days following Tenant’s receipt survive expiration or earlier termination of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madethis Sublease.

Appears in 2 contracts

Samples: Sublease Agreement (Salesforce Com Inc), Sublease Agreement (Salesforce Com Inc)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, changes or improvements in or additions to any structural components or the exterior of the Leased Premises and Common Area or attach or affix any articles thereto which reduce the value of the Leased Premises without Landlord’s the prior written consentconsent of Landlord, which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, conditioned or delayed. All alterations, changes or improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) then all additions, alterations, changes or improvements shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be constructed at Tenant’s sole expense and at such times and in such manner as shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performedmay, at Tenant’s its option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord)require Tenant, at Tenant’s sole cost and expense. Any mechanics , to remove any such additions, alterations, changes or materialman’s lien for which improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has received informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a notice result of intent such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to file all Tenant’s contractors, subcontractors, materialmen or which has been filed against the Premises and Common Area or the Building arising out of work done for, suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or on behalf of Tenantother liens shall attach to or affect Landlord’s interest in the Leased Premises, its contractors Property or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file Park as a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, maderesult thereof.

Appears in 2 contracts

Samples: Lease Agreement (EverBank Financial Corp), Lease Agreement (EverBank Financial Corp)

Alterations. Following the Commencement Date, Tenant (a) Brillian shall not make any changes, building or leasehold alterations or additions, alterationsincluding remodeling or signage, improvements or additions to the Premises and Common Area or attach or affix any articles thereto without first obtaining Master Landlord’s and without first obtaining the prior written consentconsent of TFS, which consent of TFS shall not be unreasonably withheld, conditioned but which consent of Master Landlord may be withheld as provided in the Master Lease. In the event that Master Landlord shall consent to the making of any alternations or delayedadditions by Brillian, TFS shall agree to also give its consent, so long as the obligations and liabilities of TFS under the Master Lease are not increased and so long as Master Landlord shall not impose any additional requirements, limitations, or restrictions on TFS as a result of giving its consent. All alterationsIf any such alterations or additions are made, improvementsBrillian agrees not to permit any mechanics’ liens to be placed on the Sublet Premises or any portion thereof and to cause any contract for work to be done at the Sublet Premises to contain a waiver of the contractor’s right to file a mechanics’ lien. Any alterations of any kind to the Sublet Premises or any part thereof, except Brillian’s trade fixtures which can be removed without damage or defacement to the Sublet Premises or any other portion of the Building, shall be surrendered with the Sublet Premises, as a part thereof, at the end of the Sublease Term; provided, however, that TFS may require at the time TFS and Master Landlord consent to such alteration or fixture Brillian to remove any alterations or fixtures made by Brillian, and additions to repair any damage to the Sublet Premises (other than the Laboratory Premises) and Common Area (as permitted caused by Landlord in accordance with this Paragraph) such removal, all at Brillian’s sole expense. Any alterations installed by Brillian shall be done only by Landlord or contractors or mechanics approved by Landlord, deemed a part of the Sublet Premises and shall be at Tenant’s sole expense maintained and at such times and repaired by Brillian in such the same manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien that required for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier all other portions of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeSublet Premises.

Appears in 2 contracts

Samples: Real Property Sublease Agreement (Brillian Corp), Real Property Sublease Agreement (Three Five Systems Inc)

Alterations. Following the Commencement Date, Tenant shall not make nor permit to be made any changes, additions, alterations, ----------- alterations or improvements or additions to the Premises and Common Area or attach or affix any articles thereto without obtaining Landlord’s 's prior written consent, consent which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done then only by Landlord or contractors or mechanics approved by Landlord. Landlord shall generally consent to alterations, additions, or improvements which do not affect the value of the Premises significantly and which do not affect the structure or operation of the Building. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with any and all applicable laws, statutes, rules, orders, ordinances, regulations, and shall be at Tenant’s sole expense requirements of the federal, state, and at such times local governments, and in such manner all their departments and bureaus, as Landlord may reasonably approvewell as the requirements of the Association of Fire Underwriters, or similar governing insurance body. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably Unless otherwise approved by Landlord), at all alterations, additions, and improvements to the Premises shall be made by Landlord. Landlord shall pay for the cost of any alterations, additions, and improvements to the Premises only to the extent Landlord agrees to do so by a separate written agreement with Tenant’s sole cost . Otherwise, Tenant shall pay all costs for such additions, alterations, and expenseimprovements including any additions, alterations, and improvements to the Premises required by any governmental agency during the term of this Lease, which costs shall include a reasonable overhead and profit charge by Landlord. Any mechanics Tenant shall report all costs incurred by Tenant for any alterations, additions, or materialman’s lien for which Landlord has received a notice of intent improvements made by Tenant to file or which has been filed against the Premises and Common Area or the Building arising out of work done forshall permit Landlord to examine all contracts and records relating to such alterations, additions, 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlordimprovements. All alterations, improvements, or additions, whether temporary and improvements to the Premises by Landlord or permanent in characterTenant shall become part of the realty and belong to Landlord and, madeat the end of the term hereof, shall remain on the Premises without compensation of any kind to Tenant, except that any trade fixtures which are installed and paid for by Tenant shall remain the property of Tenant and may be removed by Tenant during the term of this Lease provided Tenant repairs any damage to the remaining improvements of the Premises caused by the removal of such fixtures. Moveable furniture and equipment of Tenant shall remain the property of the Tenant.

Appears in 2 contracts

Samples: Office Building Lease (Physicians Quality Care Inc), Parking Agreement (Physicians Quality Care Inc)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions If Lessee desires to construct and install Alterations (“Alterations”) to the Premises during the Lease term, Lessee shall submit a space plan therefor (“Alterations Space Plan”) that includes a scope of work prepared by Lessee’s architect for Lessor’s approval in accordance with the terms of this Paragraph 10.A(1) and Common Area in accordance with the Approval Standards (defined below). Lessor shall approve or attach disapprove of the Alterations Space Plan by delivering written notice to Lessee within fifteen (15) business days of its receipt of the Alterations Space Plan, and if Lessor shall fail to approve or affix any articles thereto without Landlord’s prior written consentdisapprove of the Alterations Space Plan within such fifteen (15) business day period, Lessor shall be deemed to have approved of the Alterations Space Plan. If Lessor approves of the Alterations Space Plan (or is deemed to have approved of the Alterations Space Plan), Lessee shall prepare final construction drawings (the “Alterations Construction Drawings”) for the Alterations (if deemed necessary by Lessee and Lessor). Lessor shall have the right to object to the Alterations Construction Drawings based upon the following two (2) criteria only: (i) the scope of the Alterations has materially changed from the scope of the Alterations depicted in the Alterations Space Plan or (ii) the Alterations fail to satisfy the Approval Standards. The Alterations Construction Drawings shall be delivered to Lessor for its approval based upon the above-mentioned criteria only, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvementsLessor shall deliver its approval or disapproval to Lessee in writing within ten (10) business days following its receipt of the Alterations Construction Drawings, and additions if Lessor shall fail to approve or disapprove of the Premises Alterations Construction Drawings within such ten (other than the Laboratory Premises10) and Common Area (as permitted by Landlord in accordance with this Paragraph) business day period, Lessor shall be done only by Landlord or contractors or mechanics deemed to have approved by Landlordof the Alterations Construction Drawings. In the event Lessor shall disapprove of the Alterations Construction Drawings, Lessor shall provide Lessee with Lessor's written objections thereto in reasonable detail and Lessee shall promptly revise the Alterations Construction Drawings to address Lessor's objections. The foregoing procedure shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approverepeated until Lessor approves of (or is deemed to have approved of) the Alterations Construction Drawings. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier Upon completion of the date Landlord receives (1) notice Alterations, Lessee shall deliver to Lessor one set of intent to file a lien or (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 expense, as-built drawings for the Alterations in both hard copy and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeelectronic format.

Appears in 2 contracts

Samples: Net Commercial Lease, Net Commercial Lease (Audentes Therapeutics, Inc.)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, no alterations, installations, additions or improvements (herein collectively called "Alterations") in or additions to the Demised Premises and Common Area or attach the Building, structural or affix any articles thereto otherwise, without Landlord’s 's prior written consent, which shall not be unreasonably withheld, conditioned or delayed. All alterationsIf any such Alterations are made without the prior written consent of Landlord, improvementsLandlord may correct or remove the same, and additions to the Premises (other than the Laboratory Premises) Tenant shall be liable for any and Common Area (as permitted all expenses incurred by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and the performance of such work. All Alterations shall be at Tenant’s 's sole expense expense, shall comply with all laws, rules, orders and regulations of governmental authorities having jurisdiction thereof and shall be made at such times and in such manner as Landlord may reasonably approvedetermines will not unreasonably interfere with the use of the Building by other Tenants and their respective premises. Any work approved All Alterations shall be made only by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its such contractors or mechanics (which as are approved in writing by Landlord. Such approval shall not be unreasonably withheld, conditioned or delayed. Approval of contractors or mechanics by Landlord shall be reasonably approved based upon the contractors or mechanics being properly licensed, their financial posture, experience, and past job performance. Tenant shall pay prevailing wages to all contractors and mechanics. All Alterations to the Demised Premises, whether made by Landlord or Tenant, and whether at Landlord's or Tenant's expense, or the joint expense of Landlord and Tenant, shall be and remain the property of Landlord, hereinafter unless otherwise agreed to by Landlord and Tenant. Upon expiration of the Lease, Tenant shall have no obligation to remove, modify or alter any of the initial alterations described in Exhibit D attached. Landlord, at the expiration of the Term or any renewal or extension thereof, may elect to require Tenant to remove all or any part of the Alterations (excluding Initial Alterations), unless Landlord agrees in writing not to require the removal of an Alteration. Removal of Tenant's Property and Alteration shall be at Tenant’s sole 's cost and expense and Tenant shall, at its cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent , repair any damage to file or which has been filed against the Demised Premises and Common Area or the Building arising out caused by such removal. In the event Landlord does not so elect, and Tenant does not remove Tenant's Property, it shall become property 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 days following Landlord at the earlier expiration of the date Landlord receives (1) notice of intent to file a lien or (2) notice that Term. In the lien has been filed. If event Tenant fails to dischargeremove Tenant's property or the Alterations requested to be removed by Landlord on or before the expiration of the Term or any extension or renewal thereof, bond overthen and in such event, or otherwise satisfy any such lien, the Landlord may do so remove Tenant's Property and Alteration from the Demised Premises at Tenant’s 's expense and the Tenant hereby agrees to reimburse the Landlord for the cost of such removal together with any and all damages which the Landlord may suffer and sustain by reason of the failure of Tenant to remove the same. Landlord, at its own cost and expense, and shall perform or provide the amount expended renovations to the Demised Premises as more fully described on Exhibit D (the renovations therein described being referred to herein as the “Initial Alterations”). Landlord's architect shall perform all of the architectural services required in connection with the construction of the Initial Alterations. Landlord shall require the use of building standard finishes for the Initial Alterations. Landlord shall be responsible for obtaining all necessary permits for occupancy. Landlord shall have no liability for any delay in delivering the Demised Premises due to contractor delay. Upon substantial completion of the Initial Alterations as reasonably determined by Landlord’s architect, including reasonable attorneys’ fees, this Lease shall commence and Tenant shall have the right to occupy the Demised Premises. “Substantial Completion” of the Initial Alterations shall be paid the date reasonably determined by Landlord that the Initial Alterations has been performed, other than any details of construction, mechanical adjustment or any other matter, the non-completion of which does not materially interfere with the ability of Tenant within 10 days following Tenantto commence beneficial use and occupancy of the Premises. Notwithstanding any provision in this Lease to the contrary, in the event Landlord is delayed in the substantial completion of the Initial Alterations by reason of any Tenant Caused Delay, then and in such event the Lease Commencement Date shall be the date which Landlord’s receipt architect reasonably determines that the Initial Alterations would have been substantially completed in the absence of the Tenant Caused Delay. For purposes hereof, a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeTenant Caused Delay shall be defined as follows:

Appears in 2 contracts

Samples: Office Lease Agreement (Technest Holdings Inc), Office Lease Agreement (Technest Holdings Inc)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, additions or improvements (collectively, “Alterations”) in or additions to the Premises and Common Area or attach or affix any articles thereto Demised Premises, except pursuant to Exhibit “D”, without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned delayed or delayedconditioned. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) Tenant shall be done only by Landlord or utilize contractors or mechanics reasonably approved by Landlord. Tenant shall, before making any Alterations, 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 deliver promptly duplicates of all such permits, approvals and certificates to Landlord, and shall be at Tenant agrees to carry, and to cause Tenant’s sole expense contractors and at sub-contractors to carry such times workmen’s compensation, general liability, personal and in such manner property damage insurance as Landlord may reasonably approverequire. Any work approved Upon completion of any Alterations, Tenant shall deliver to Landlord one set of “as-built” plans and specifications therefor. All fixtures and all paneling, partitions, and like Alterations (but not FF&E Work, including therein any racking or railing system installed by Landlord hereunder affecting Tenant which Tenant shall remove upon the Laboratory Premises may be performedexpiration or earlier termination of the Lease), at Tenant’s optioninstalled in the Demised Premises, either by Tenant or its contractors by Landlord on Tenant’s behalf, shall become the property of Landlord and shall remain upon and be surrendered with the Demised Premises upon the expiration or mechanics earlier termination of the Lease, unless Landlord, by notice to Tenant given no later than 20 days prior to the Expiration Date of this Lease (or within 20 days after the earlier termination hereof), elects to have them removed by Tenant, in which event, the same (except for, Tenant’s Work, Landlord’s Work, done pursuant to Exhibit D, but including other Alterations [unless at the time of Tenant’s request for approval of installation, Landlord advises Tenant in writing that such Alterations need not be removed upon expiration or earlier termination of this Lease, and, if after Tenant’s written notice to Landlord to request such determination, if Landlord does not so advise Tenant of the requirement of removal of all or any of such Alterations, Tenant shall not be required to remove such Alterations at the expiration or earlier termination of this Lease], and furniture, fixtures and equipment installed by or for Tenant, in connection with Tenant’s occupancy of the Demised Premises) shall be reasonably approved removed from the Demised Premises by Tenant. Nothing in this section shall be construed to give Landlord title to or to prevent Tenant’s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such equipment and fixtures from the Demised Premises or upon removal of other installations as may be required by Landlord), Tenant shall immediately and at its expense, repair and restore the Demised Premises to the condition existing prior to installation (subject to ordinary wear and tear) and repair any damage to the Demised Premises or the Property due to such removal. All property that was permitted or required to be removed by Tenant at the end of the Term but which remains in the Demised Premises for 10 business days after Tenant vacates the Demised Premises shall be deemed abandoned and may, at Tenantthe election of Landlord, either be retained as Landlord’s sole cost and expense. Any mechanics property or materialman’s lien for which may be removed from the Demised Premises by Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, made.

Appears in 2 contracts

Samples: Lease Agreement (G Iii Apparel Group LTD /De/), Lease Agreement (G Iii Apparel Group LTD /De/)

Alterations. Following No Alterations, as defined below, shall be made in the Commencement DateDemised Premises by Tenant without the prior written consent of Landlord, which may be withheld at Xxxxxxxx’s sole discretion. Tenant shall not make any changeshave the right to install all furniture, furnishings and equipment necessary or desirable for the conduct of Xxxxxx’s operations, all at no cost to Landlord. Any leasehold improvements, furnishings and equipment installed on the Demised Premises shall be maintained by Tenant, at Tenant’s expense, in good condition and repair. All remodeling, additions, alterations, improvements or additions to the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consentchanges, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvementspartitions, and additions to installations of leasehold improvements (the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph“Alterations”) shall be done only performed by Landlord a contractor duly licensed by the state or local authority responsible for licensing building contractors or mechanics and approved by Landlord. No installation of, repair to, or other activity concerning equipment within or other Alterations made to the Demised Premises shall: (i) adversely affect the structural integrity of the Building; (ii) impair or affect the roof or decrease the roof’s useful life; (iii) overload electrical circuits or equipment; (iv) overload or unreasonably burden plumbing, water or sanitary sewage disposal facilities; (v) overload or unreasonably burden heating, air conditioning and other mechanical facilities or equipment; or (vi) otherwise affect the Building or Demised Premises in any materially adverse way. Any personal property and unattached equipment installed by Tenant may be removed at the termination of this Lease, provided that Tenant shall repair any damage caused to the Demised Premises by such removal. Any personal property and unattached equipment remaining in the Building or on the Demised Premises upon termination of this Lease shall, if not removed within ten (10) days after written demand from Landlord to Tenant to remove the same, at Xxxxxxxx’s option in its sole discretion, become the property of Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approveretain or dispose of such personal property and unattached equipment in its sole discretion and without liability to account to Tenant. Any work approved Upon request by Landlord, Tenant shall submit to Landlord detailed plans and specifications in connection with any Alterations and evidence that said plans and specifications comply with all federal, state and local statutes, regulations, ordinances or laws. Landlord reserves the right, along with any architects or other consultants retained by Landlord hereunder affecting the Laboratory Premises may be performedto inspect any completed Alterations, and, if Alterations are not in compliance with any laws and regulations, Tenant shall, at Tenant’s optioncost, by Tenant make such modification or its contractors or mechanics (which alteration to the completed Alterations as shall be reasonably approved required to bring the same in compliance. Xxxxxxxx’s consent to the plans and specifications, or any work proposed or completed by Landlord)Xxxxxx, at shall not be deemed a representation or affirmation regarding compliance with any such laws or regarding the suitability of such Alterations for Tenant’s sole cost intended purposes. In any event, Tenant shall not remove any leasehold improvements and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against shall surrender the Demised Premises and Common Area or at 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 days following the earlier end of the date Landlord receives (1) notice of intent to file a lien Demised Term in good condition and repair, ordinary wear and tear and damage by casualty or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madecondemnation excepted.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Alterations. Following the Commencement Date, (a) Tenant shall not make any changes, additions, alterations, additions or improvements (collectively, "Alterations") in, on or additions to the Premises and Common Area or attach or affix any articles thereto part thereof without Landlord’s the prior written consentconsent of Landlord. Any Alterations, except for Tenant's movable furniture and equipment, shall immediately become Landlord's property and, at the end of the Term, shall remain on the Premises without compensation to Tenant; provided, however, that any such movable furniture and equipment, otherwise belonging to Tenant, but which shall not be unreasonably withheld, conditioned remain on the Premises at the expiration or delayedother termination of the Term shall also become the property of Landlord unless promptly removed by Tenant. All alterations, improvements, and additions In the event Landlord shall consent to the Premises (other than making of any Alterations by Tenant, the Laboratory Premises) same shall be made by Tenant, at Tenant's sole cost and Common Area (as permitted by Landlord expense, in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics plans and specifications previously approved by Landlord, and any contractor or person selected by Tenant to make Alterations must first be approved in writing by Landlord. Before any Alterations shall be at Tenant’s sole expense commenced, Tenant shall furnish Landlord with workmen's compensation and at such times public liability insurance and in such manner shall comply with all applicable laws, including but not limited to the Mechanic's Lien Law of the State of Florida, ordinances, regulations, building codes, and shall obtain all required permits, inspections, and certificates as Landlord may reasonably approveshall be required by all governmental agencies having jurisdiction thereof. Any work approved Upon the expiration or sooner termination of the Term, Tenant shall upon demand by Landlord hereunder affecting the Laboratory Premises may be performedLandlord, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s 's sole cost and expense. Any mechanics , remove any Alterations made by or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf account of Tenant, which Landlord shall designate for removal, and Tenant shall, at its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 sole cost and expense, repair and restore the amount expended Premises to its original condition. Notwithstanding the aforementioned, Tenant will only be required to remove those Alterations not previously approved by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, made.

Appears in 2 contracts

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

Alterations. Following the Commencement DateSubtenant shall make no alteration, Tenant shall not make any changesmodification, additionsaddition, alterations, improvements or additions improvement to the Premises and Common Area or attach or affix any articles thereto Subleased Premises, without Landlord’s (i) the prior written consentconsent of Sublandlord, which consent shall not be unreasonably withheld, conditioned conditioned, or delayeddelayed and (ii) to the extent required under the Primary Lease, the prior written consent of the Prime Landlord. The parties acknowledge and agree that Sublandlord may not reasonably object to an Alteration because such Alterations may facilitate production and fulfillment activity at the Subleased Premises by Subtenant for a party who may be a competitor with the goods and services of Sublandlord. All alterationsreasonable third party review costs incurred by Sublandlord or imposed by Prime Landlord with regard to proposed Alterations shall be reimbursed by Subtenant. In connection with such consent, improvementsSublandlord and/or Prime Landlord may require in writing that Subtenant remove such Alterations and restore the Subleased Premises to substantially their condition on the Sublease Term Commencement Date, on or before the end of the Sublease Term, and additions if Subtenant fails to so remove any such Alterations and so restore the Subleased Premises as required, Subtenant shall forthwith pay on demand all reasonable costs and expenses incurred by Sublandlord and/or Prime Landlord in such removal or restoration. Notwithstanding anything to the contrary set forth herein, Subtenant shall not be responsible for the removal of any Alterations which Sublandlord and Prime Landlord specifically agree, in the consent to the making of such Alterations or otherwise, may remain in the Subleased Premises. If any Alterations are made without Sublandlord’s consent, then Prime Landlord or Sublandlord may remove the same, and may correct, repair and restore the Subleased Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) any damage arising from such removal, and Subtenant shall be done only liable for any and all reasonable costs and expenses incurred by Prime Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and Sublandlord in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice performance of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madethis work.

Appears in 2 contracts

Samples: Sublease Agreement and Assignment and Assumption Agreement (Blue Apron Holdings, Inc.), Sublease Agreement (Blue Apron Holdings, Inc.)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions alterations to the Premises and Common Area or attach or affix any articles thereto the Business Park without Landlord’s 's prior written consent, consent which shall not be unreasonably withheld. If Landlord gives its consent to such alterations, conditioned or delayedLandlord may post notices in accordance with the laws of the state in which the Premises are located. All alterationsalterations made by Tenant, improvements, and additions whether or not subject to the approval of Landlord, shall be performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within thirty (other than 30) days before or thirty (30) days after expiration of the Laboratory Term, elect to require Tenant to remove some or all of the alterations which Tenant may have made to the Premises) and Common Area (as permitted . If Landlord so elects, Tenant shall at its own cost restore the Premises to the condition designated by Landlord in accordance its election, before the last day of the Term or within thirty (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 this Paragraph) shall be done only a contractor approved by Landlord or contractors or mechanics 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 be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against keep the Premises free and Common Area or clear of all mechanics' liens which may result from construction by Tenant. Notwithstanding anything in this Lease to 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madecontrary:

Appears in 2 contracts

Samples: Docent Inc, Docent Inc

Alterations. Following 9.1. Tenant shall be permitted to make any alterations, improvements, additions or physical changes in or about the Commencement DatePremises ("Alterations") that do not materially and adversely affect either the Structural Elements of the Building or any Building System ("Permitted Alteration"). Except for Permitted Alterations, Tenant shall agrees not to make or allow to be made any changes, additions, alterations, improvements or additions to Alterations without first obtaining the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consentconsent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayeddelayed (and, in any event, shall not be conditioned on the payment to Landlord of any fees or charges due to Landlord's review). All alterationsNotwithstanding the foregoing, improvementsin the event Landlord fails to notify Tenant within ten (10) Business Days of Landlord's receipt of Tenant's notice of its proposed Alterations (together with all documentation required to be submitted to Landlord hereunder) of Landlord's consent or denial of consent to the proposed Alterations, Landlord shall be deemed to have consented to such proposed Alterations. Tenant shall be required to provide Landlord notice of any Permitted Alterations (other than Permitted Alterations that are decorative or cosmetic in nature or do not require the issuance of a building permit) accompanied by plans and additions specifications for such Alteration prior to Tenant commencing such Alterations. Any and all Alterations to the Premises that remain at the Premises upon the expiration or sooner termination of this Lease shall become the property of Landlord upon the expiration or sooner termination of this Lease, except for trade fixtures, movable equipment, furniture, or personal property owned by Tenant (other than including, but not limited to, the Laboratory Premises) Tenant Personalty), and Common Area (as permitted by Landlord in accordance with prior to such termination Tenant shall have the right to remove any such Alterations at any time during the Term of this Paragraph) Lease subject to the provisions of this Article 9, provided that Tenant shall be 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 reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien responsible for which Landlord has received a notice of intent repairing any damage to file or which has been filed against the Premises and Common Area or the Building arising out resulting from the removal 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeAlterations.

Appears in 2 contracts

Samples: Agreement of Lease (Five Star Products Inc), Agreement of Lease (National Patent Development Corp)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, additions or improvements or additions to the Leased Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. All and all alterations, improvementsadditions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture put in at the expense of the Tenant, shall be the property of the Landlord and shall, at the sole option of the Landlord, remain upon and be surrendered with the Leased Premises at the termination of this Lease, without molestation or injury, or at Landlord’s request, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense, the Leased Premises shall be restored to its original condition. Tenant shall only use contractors, which have been approved in writing by Landlord for any permitted alterations to the Leased Premises, and shall not permit any mechanic’s liens to be placed or remain upon the Leased Premises, the Building or the Property and shall discharge same immediately in accordance with Paragraph 6(B). Tenant will not overload the electrical wiring and will not install any additional electrical wiring, computer cables or plumbing unless it has first obtained Landlord’s written consent thereto, and if such consent is given, Tenant will install same at its own cost and expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may will thereafter be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), responsible for maintaining it at Tenant’s sole cost and expense. Any mechanics Before commencing any improvements or materialman’s lien for which Landlord has received a notice alteration work in the Leased Premises, Tenant shall require all contractors of intent Tenant performing such work in the Leased Premises to file carry and maintain, at no expense to Landlord, any or which has been filed against the Premises and Common Area 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 days following the earlier all of the date following insurance policies as determined by Landlord receives written by companies acceptable to Landlord: (1i) notice of intent to file a lien commercial general liability insurance, which shall name Tenant and Landlord as additional insureds, in such amounts as required by Landlord and with any endorsements that Landlord requires; (ii) workers’ compensation insurance in such amounts required by law and covering all persons employed by said contractor and engaged in the work; (iii) [if applicable] comprehensive automobile liability insurance in such amounts as required by Landlord; and (iv) insurance against such other perils or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any legal risks and in such lien, amounts as Landlord may do so at Tenantfrom time to time establish. Upon Landlord’s expenserequest, and the amount expended by Landlord, including reasonable attorneys’ fees, Tenant shall be paid by Tenant within 10 days following Tenant’s receipt furnish to Landlord duplicate original counterparts of a xxxx from Landlord. All alterations, improvements, any or additions, whether temporary or permanent in character, madeall insurance policies required pursuant to Paragraph 11 herein above.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Zomedica Pharmaceuticals Corp.), Commercial Lease Agreement (Zomedica Pharmaceuticals Corp.)

Alterations. Following the Commencement Date, Tenant shall not make any changesAny alterations, additions, alterations, or improvements made by or additions on behalf of Tenant to the Premises and Common Area or attach or affix any articles thereto without ("Tenant-Made Alterations") shall be subject to Landlord’s 's prior written consent, which may not be unreasonably withheld. Landlord shall have a reasonable obligation to approve minor alterations (interior, non- structural alterations that are less than $50,000 in cost) in or to the Premises requested by Tenant. Tenant shall cause, at its expense, all Tenant-Made Alterations to comply with Landlord's insurance requirements and with Laws and shall construct at its expense any alteration or modification required by Laws as a result of any Tenant-Made Alterations. All Tenant-Made Alterations shall be constructed in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of materials shall be used. Such contractors shall be required, at a minimum, to carry and maintain insurance in accordance with the standards and requirements set forth in Exhibit I attached hereto, and Tenant shall provide certificates of insurance evidencing compliance with such insurance requirements. Landlord has been apprised of and approves the following Tenant-Made Alteration concepts: installation of crane footings, additional toilets, paint booths, temperature-controlled rooms, charging stations and security cameras, however the plans and specifications for the same have not been provided to Landlord, and must still be reviewed and approved by Landlord before Landlord's prior written consent shall be deemed provided, which approval shall not be unreasonably withheld. (it being acknowledged that Xxxxxxxx's rejection for changes that affect the building's structural components shall never be deemed unreasonable). Whenever plans and specifications are required to be submitted to Landlord for approval, conditioned these plans and specifications must be (i) hand delivered to Landlord in plan sets with minimum sizing of 20" x 36" and, (ii) delivered digitally as well. Landlord shall have fifteen (15) days from the date of receipt of the plans and specifications to review the same and notify Tenant whether Landlord has approved or delayed. All alterationsrejected the plans and specifications, improvementsprovided (A) if Landlord rejects any such plans and specifications, Landlord shall provide Tenant with specific comments as to the elements of the plan or specifications that Landlord found objectionable, and additions (B) if Landlord does not provide any written notice within the fifteen (15) day period, Landlord shall be deemed to have approved the plans and specifications. Landlord may monitor construction of the Tenant-Made Alterations. Tenant shall reimburse Landlord for its reasonable out-of-pocket costs in reviewing plans and specifications and in monitoring construction. Landlord's right to review plans and specifications and to monitor construction shall be solely for its own benefit, and notwithstanding anything to the Premises (other than contrary contained herein, Xxxxxxxx's approval of any plans and specifications submitted by Tenant pursuant to this Clause 13 or otherwise is not intended and shall not be deemed to constitute a representation, warranty or assurance of any kind that such plans and specifications and the Laboratory Premises) Tenant-Made Alterations shown thereon comply with applicable Laws or that the same are structurally sound and Common Area (as permitted by Landlord in accordance with this Paragraph) Tenant shall be done only by solely responsible for causing such compliance and for the quality and structural integrity of any Tenant-Made Alterations and Tenant acknowledges that it is not relying on any of the Landlord Parties for the same. Tenant shall provide Landlord with the identities and mailing addresses of all persons performing work or contractors supplying materials, prior to beginning such work, and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Law. Tenant shall furnish security or mechanics approved make other arrangements satisfactory to Landlord to assure payment for the completion of all work free and clear of liens and shall provide certificates of insurance with types of coverage and amounts reasonably required by Landlord, including a waiver of subrogation in favor of the Landlord Parties, from an insurance company satisfactory to Landlord, including a provision of additional insured status for the Landlord Parties, protecting Landlord against liability for all Claims including, but not limited to, personal injury or property damage during construction. Upon completion of any Tenant-Made Alterations, Tenant shall deliver to Landlord sworn statements setting forth the names of all contractors and subcontractors who did work on the Tenant-Made Alterations and final lien waivers from all such contractors and subcontractors in compliance with Nevada law. Upon surrender of the Premises, all Tenant-Made Alterations and any leasehold improvements constructed by Landlord shall be remain on the Premises as Landlord's property without compensation to Tenant, except to the extent Landlord requires removal at Tenant’s sole 's expense of any such items or Landlord and Tenant have otherwise agreed in writing in connection with Xxxxxxxx's consent to any Tenant-Made Alterations. Tenant shall repair any damage caused by the removal of such Tenant-Made Alterations upon surrender of the Premises, provided that if Tenant's removal and restoration work would damage or otherwise affect the structure of the Premises or the Building, Landlord may, at its option, elect to perform such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performedremoval restoration work, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s 's sole cost and expense. Any mechanics or materialman’s lien for , in which case Tenant shall reimburse Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madetherefor upon demand.

Appears in 1 contract

Samples: Mosaic Commerce Center Lease Agreement (Boxabl Inc.)

Alterations. Following the Commencement Date, Tenant Lessee shall not make any changes, additions, alterations, additions or improvements or additions to the Premises (including, without limitation, roof and Common Area or attach or affix any articles thereto wall penetrations) without Landlord’s the prior written consentapproval of Lessor of the plans and specifications for said alterations, which approval shall not be unreasonably withheldwithheld or delayed by Lessor. All work shall be performed by a contractor or contractors who shall be reasonably approved in writing by Lessor. All work shall be performed in accordance with said approved plans and specifications; any material deviations therefrom must first be approved in writing by Lessor. Lessee may, conditioned without the consent of Lessor, but at its own cost and expense and in good workmanlike manner erect such shelves bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building or delayedimprovements and without overloading such building or improvements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, improvementsadditions, improvements and partitions erected by Lessee shall be and remain the property of Lessee during the term of this Lease and shall become the property of Lessor as of the date of termination of this Lease, or upon earlier vacating of the Premises, and additions the title shall pass to lessor under this Lease as by a bill of sale. All shelves, bins, machinery and trade fixtures instalxxx by Lessee may be removed by the lessee prior to the Premises (other than termination of this Lease, if the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by LandlordLessee so elects, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved removed by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant date of termination of this Lease or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice upon earlier vacating of intent to file or which has been filed against the Premises if required by lessor, upon any such removal Lessee shall restore the Premises to a good and Common Area tenantable condition. All such removals and restoration shall to accomplished in a good workmanlike manner so as not to damage the primary structure, roof 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 days following the earlier structural qualities of the date Landlord receives (1) notice of intent to file a lien or (2) notice that building and other improvements within which the lien has been filedPremises are situated. If Tenant fails Lessor shall consent to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvementsadditions or improvements proposed by Lessee, Lessee shall construct and maintain the same to comply with all then existing governmental laws, ordinances, rules and regulations. Prior to commencing any work or additionsinstalling any equipment in excess of $5,000.00 in, whether temporary on or permanent in characterabout the Premises, madeBuilding or Property, Lessee shall:

Appears in 1 contract

Samples: Lease (Sano Corp)

Alterations. Following the Commencement Date, Tenant shall not Subtenant intends to make any changescertain alterations, additions, alterationsimprovements, improvements or additions modifications and decorations to the Sublease Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consent(including, which shall but not be unreasonably withheldlimited to, conditioned or delayed. All alterationsthe construction of a large conference room, improvements3-4 private offices, paint, carpet, and additions modifications to the Premises current mechanical and electrical systems required to make such improvements) (other than the Laboratory Premises“Planned Alterations”) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be 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 reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at TenantSubtenant’s sole cost and expense. Any mechanics Sublandlord hereby approves of the Planned Alterations as described in Exhibit C attached hereto, provided, however, that Master Landlord also approves of such Planned Alterations. Subtenant shall be responsible for preparation of working drawings prepared with respect to the Planned Alterations for review and approval by Subtenant and Master Landlord. Subtenant shall also obtain Master Landlord’s approval for Planned Alterations at Subtenant’s sole cost and expense. If Sublandlord incurs any expense in attempting to obtain Master Landlord’s approval for the Planned Alterations or materialmanany other matter in which Master Landlord’s lien consent is required on Subtenant’s behalf, Subtenant shall promptly reimburse Sublandlord for which Landlord has received such expense. Unless otherwise agreed in writing by Sublandlord and Subtenant, all such Planned Alterations that are a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done forpart of, or materials furnished to or on behalf of Tenantthat are permanently affixed to, its contractors or subcontractors the Sublease Premises shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following installed at the earlier sole cost and expense of Subtenant and shall become the property of Sublandlord and shall remain upon and be surrendered with the Sublease Premises at the end of the date Term. Notwithstanding the foregoing sentence, if Master Landlord receives (1) notice requires the removal of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to dischargePlanned Alterations at the end of the Term, bond overSubtenant shall be solely responsible for their removal and shall, or otherwise satisfy any such lien, Landlord may do so at Tenant’s its sole cost and expense, and repair any damage caused to the amount expended Sublease Premises by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt the removal of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madethe Planned Alterations.

Appears in 1 contract

Samples: Chinook Therapeutics, Inc.

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions alterations to the Premises and Common Area or attach or affix any articles thereto other aspect of the Project; without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayedconsent Landlord may withhold in its reasonable but subjective discretion. All permitted alterations must be performed in compliance with Landlord’s standard rules and regulations regarding alterations, improvements, . All alterations will become the property of Landlord and additions to will remain upon and be surrendered with the Premises (other than at the Laboratory Premises) and Common Area (as permitted end of the Term of this Lease; provided however, Landlord may require Tenant to remove any unique alterations at the end of the Term of this Lease. If Tenant fails to remove such by the expiration or earlier termination of this Lease all of its personal property, or any unique alterations identified by Landlord in accordance with this Paragraphfor removal, Landlord may, at its option, treat such failure as a hold-over pursuant to Subparagraph 11(b) shall be done only by Landlord or contractors or mechanics approved by Landlordabove, and shall be at Tenant’s sole expense and at such times and in such manner as and/or Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by (without liability to Tenant for loss thereof) treat such personal property and or its contractors or mechanics (which shall be reasonably approved by Landlord)alterations as abandoned and, at Tenant’s sole cost and expenseexpense and in addition to Landlord’s other rights and remedies under this Lease, at law or in equity: (a) remove and store such items; and/or (b) upon ten (10) days’ prior notice to Tenant, sell, discard or otherwise dispose of all or any such items at private or public sale for such price as Landlord may obtain or by other commercially reasonable means. Any mechanics or materialman’s lien Tenant shall be liable for which Landlord has received a notice all costs of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf disposition of Tenant, its contractors or subcontractors ’s abandoned property and Landlord shall be discharged, bonded over, or otherwise satisfied by have no liability to Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent with respect to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, abandoned property. Landlord may do so at Tenantagrees to apply the proceeds of any sale of any such property to any amounts due to Landlord under this Lease from Tenant (including Landlord’s expense, and the amount expended by Landlord, including reasonable attorneys’ feesfees and other costs incurred in the removal, shall storage anchor sale of such items), with any remainder to be paid by Tenant within 10 days following to Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, made.

Appears in 1 contract

Samples: Encore Capital Group Inc

Alterations. Following the Commencement Date, Tenant Subtenant shall not make any changes, additions, alterations, improvements or additions to the Premises without Landlord and Common Area or attach or affix any articles thereto without LandlordSublandlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned make or delayed. All perform any alterations, improvementsadditions, and additions or improvements to the Premises (other than collectively, “Alterations”). Subtenant shall request Sublandlord’s consent at least thirty (30) days before the Laboratory Premises) commencement of any construction, and Common Area (Subtenant shall provide, in connection with such consent request, plans and specifications for such Alterations, which plans and specifications are subject to Sublandlord’s approval, which shall not be unreasonably withheld as permitted by Landlord in accordance with this Paragraph) set forth above. All Alterations shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be performed at TenantSubtenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to All Alterations performed by or on behalf of Tenant, its contractors or subcontractors Subtenant shall be discharged, bonded over, or otherwise satisfied done in a good and workmanlike manner by Tenant within ten days following the earlier contractors reasonably approved by Sublandlord and in accordance with Article 8 of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filedOriginal Sublease. If Tenant fails to dischargeSubtenant shall, bond over, or otherwise satisfy any such lien, Landlord may do so at TenantSubtenant’s expense, before making any Alterations, (i) obtain all permits and approvals required by any governmental authority and (upon completion thereof) certificates of occupancy and any other certificates of final approval thereof, and shall promptly deliver to Sublandlord copies of such permits and approvals; and (ii) provide Sublandlord with certificates evidencing appropriate builder’s risk, liability, and worker’s compensation insurance coverage in commercially reasonable amounts during the amount expended performance of any such Alterations. Any and all Alterations made by Landlordor on behalf of Subtenant in, including reasonable attorneys’ feesto or upon the Premises shall become the property of Sublandlord and shall remain upon and be surrendered with the Premises unless Sublandlord elects to relinquish Sublandlord’s right thereto and to have them removed by Subtenant, in which event the same shall be removed from the Premises by Subtenant prior to the Expiration Date, at Subtenant’s expense. Nothing in this Section shall be construed to give Sublandlord title to or to prevent Subtenant’s removal of trade fixtures or moveable office furniture or equipment, but upon removal of any of the same or upon removal of other Alterations as may be required by Sublandlord, Subtenant shall repair any damage to the Building or the Premises caused by such removal, except structural damage, which, at Sublandlord’s option, shall be paid repaired by Tenant within 10 days following TenantSublandlord at Subtenant’s receipt of a xxxx from Landlordexpense. All alterationsAlterations permitted or required to be removed by Subtenant remaining in the Premises after the end of the Term shall be deemed abandoned and may, improvementsat the election of Sublandlord, either be retained as Sublandlord’s property or additions, whether temporary or permanent in character, maderemoved from the Premises by Sublandlord.

Appears in 1 contract

Samples: Sublease (Synacor, Inc.)

Alterations. Following the Commencement Date, Tenant Subtenant shall not make any changes, additions, alterations, improvements alterations in or additions to ----------- the Licensed Space. Subtenant shall not make any alterations in or additions to the Subleased Premises and Common Area ("Alterations") if to do so would constitute a default ----------- under the Prime Lease or attach or affix any articles if the Alteration is required to be removed at the end of the term of the Prime Lease pursuant to the terms thereof (in either case, a "Prohibited Alteration"). If Subtenant wishes to make an Alteration to the --------------------- Subleased Premises that is not a Prohibited Alteration, Sublandlord's consent thereto without Landlord’s prior written consentshall nonetheless be required, which consent shall not be unreasonably withheld, conditioned and if Sublandlord consents thereto, Sublandlord shall use reasonable efforts to obtain the consent of Prime Landlord if such consent is required under the Prime Lease. Subtenant shall provide Sublandlord with a copy of the architectural plans for any requested Alteration for Sublandlord's review and consent; provided, however, Sublandlord's consent to an Alteration shall in no -------- ------- way be construed as an approval of the suitability of the plans therefor for construction. If Alterations by Subtenant are permitted or delayed. All alterationsconsented to as required herein, improvements, and additions Subtenant shall comply with all of the covenants of Sublandlord contained in the Prime Lease pertaining to the Premises (other than the Laboratory Premises) performance of such Alterations. In addition, Subtenant shall indemnify, defend and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlordhold harmless Sublandlord against liability, loss, cost, damage, liens and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building imposed on Sublandlord arising out of the performance of Alterations by Subtenant, including without limitation Sublandlord's expenses incurred in connection with the review of Subtenant's plans. If Sublandlord consents to an Alteration, Sublandlord may, but shall not be required to, elect to perform or cause to be performed the work done fornecessary to complete such Alteration at Subtenant's cost. Upon completion of the Alteration, or materials furnished to or on behalf of Tenant, its contractors or subcontractors Subtenant shall be discharged, bonded over, or otherwise satisfied by Tenant pay within ten (10) days following after receipt of an invoice therefor, Sublandlord's actual costs and expenses incurred by Sublandlord in connection therewith, including without limitation for architects and for project management, together with an administrative fee in the earlier amount of three percent (3%) of the date Landlord receives (1) notice total cost of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeAlteration.

Appears in 1 contract

Samples: Sublease and License Agreement (Pitney Bowes Office Systems Inc)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions All alterations to the Premises and Common Area or attach or affix any articles thereto without shall require Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned delayed or delayedconditioned. Landlord agrees to comment as to Tenant’s plans and specifications within ten (10) days of receipt of same, failing which, such plans and specifications shall be deemed approved. Promptly upon completion of any material alterations, Tenant shall furnish Landlord with an as-built set of plans therefore. All such alterations, additions or improvements become the property of Landlord immediately upon installation in the Premises and shall be conclusively presumed to have been conveyed by Tenant to Landlord under this Lease as a xxxx of sale, without compensation, allowance, or credit to Tenant. Tenant agrees to save Landlord harmless from any damage, loss, or expense arising from the construction of any alterations, additions and improvements and to comply with all laws, ordinances, rules and regulations. Upon termination of this Lease, all alterations, additions and improvements made in, to or on the Premises (including without limitation all electrical, lighting, plumbing, heating, air conditioning, and communications equipment and systems, doors, windows, partitions, drapery, carpeting, shelving, counters, and physically attached fixtures unless excluded by written agreement annexed hereto), shall remain upon and be surrendered as a part of the Premises; provided however, upon Landlord's request Tenant shall remove its communications cabling and those additions, alterations, or improvements as specified by Landlord at the time Landlord approves such alteration, addition or improvements, and additions to repair and restore the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s 's sole cost and expense and at such times and in such manner as Landlord prior to expiration of the Term. Tenant may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord)install a backup generator, at Tenant’s sole cost cost, at a location and expensebased on specifications reasonably approved by Landlord. Any mechanics Tenant will be responsible to obtain any necessary permits or materialman’s lien approvals required to install the generator and for which Landlord has received a notice of intent ongoing repairs and maintenance. For additional terms related to file or which has been filed against the initial improvements to the Premises and Common Area or see 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeWork Letter attached as Exhibit E.

Appears in 1 contract

Samples: Work Letter Agreement (Trupanion Inc.)

Alterations. Following the Commencement Date, 11.1 Tenant shall not make any changes, additions, alterations, additions or improvements or additions to the Premises and Common Area or attach or affix any articles thereto Demised premises (collectively, the "Alterations") without Landlord’s the prior written consent, consent of Landlord which consent shall not be unreasonably withheldwithheld or delayed except for the installation of unattached, conditioned movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Demised Premises. Tenant shall furnish complete plans and specifications to Landlord at the time it requests Landlord's consent to any Alterations if the desired Alterations (i) will affect the Industrial Complex's mechanical, electrical, plumbing or life safety systems or services, or (ii) will require the filing of plans and specifications with any governmental or quasi-governmental agency or authority, or (iii) will cost in excess of five thousand Dollars ($5,000.). Subsequent to obtaining Landlord's consent and prior to 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 reimburse Landlord within ten (10) days after the rendition of a xxxx for all of Landlord's actual reasonable out-of-pocket costs incurred in connection with any Alterations, including, without limitation, all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Tenant's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, such Alteration shall be made by Tenant at Tenant's sole cost and expense by a contractor approved in writing by Landlord which approval shall not be unreasonably withheld or delayed. All alterationsTenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may reasonably require. Any construction, improvementsalteration, and additions to maintenance, repair, replacement, installation, removal or decoration undertaken by Tenant in connection with the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord Demised Premise shall be completed in accordance with this Paragraph) plans and specifications which must be approved by Landlord which approval shall not be unreasonably withheld or delayed, shall be done only by Landlord or contractors or mechanics approved by Landlordcarried out in a good, workmanlike and prompt manner and in accordance with the provisions of Exhibit "D" annexed hereto, ----------- shall comply with all applicable Regulations of the authorities having jurisdiction thereof, and shall be at subject to supervision by Landlord or its employees, agents or contractors. Without limiting the generality of the immediately preceding sentence, any installation or replacement of Tenant’s sole expense 's heating or air conditioning equipment must be effected strictly in accordance with Landlord's instructions, the Clean Air Act and at all other applicable Regulations. Without Landlord's prior written consent which approval shall not be unreasonably withheld or delayed, Tenant shall not use any * portion of the Common Areas either within or without the Industrial Complex in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Industrial Complex in order to comply with any applicable Regulations, and Landlord has so notified Tenant prior to Tenant's undertaking of such times alterations, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such manner as Landlord may reasonably approvealterations and/or improvements. Any work approved Alterations made by Tenant shall become the property of Landlord hereunder affecting upon installation and shall remain on and be surrendered with the Laboratory Demised Premises may be performedupon the expiration or sooner termination of this lease, except Tenant shall upon demand by Landlord, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s 's sole cost and expense. Any mechanics , forthwith and with all due diligence remove all or materialman’s lien for which Landlord has received a notice any portion of intent to file or which has been filed against the Premises and Common Area 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 any Alterations made by Tenant within ten days following which are designated by Landlord to be removed _______________ and repair and restore the earlier of the date Landlord receives (1) notice of intent Demised Premises in a good and workmanlike manner to file a lien or (2) notice that the lien has been filed. If Tenant fails to dischargetheir original condition, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, reasonable wear and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madetear excepted.

Appears in 1 contract

Samples: Pilot Network Services Inc

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements improvements, repairs, installations or removals or additions ("Alterations") to the Leased Premises and Common Area during the Term of this Lease or attach any extension or affix any articles thereto renewal thereof, without first obtaining the written consent of Landlord’s prior written consent, which shall will not be unreasonably withheld, conditioned and it shall not cut or delayeddrill into, or secure any fixture, apparatus or equipment of any kind to any part of the Leased Premises without first obtaining the written consent of Landlord. All alterationsAlterations made by Tenant as aforesaid shall remain upon the Leased Premises at the expiration or earlier termination of this Lease and shall become the property of Landlord, improvementsunless Landlord shall, and additions prior to the expiration or termination of this Lease, have given written notice to Tenant to remove the same, in which event Tenant shall remove such Alterations and restore the Leased Premises (other than to the Laboratory Premises) same good order and Common Area (as permitted by Landlord condition in accordance with which it was at the commencement of this Paragraph) shall be 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 reasonably approveLease. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Should Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent fail to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such liendo so, Landlord may do so so, collecting, at Tenant’s expenseLandlord's option, the cost and the amount expended expense thereof from Tenant as Additional Rent. Tenant shall procure all necessary permits before making any Alterations. Tenant agrees that all Alterations done by Landlordit at its request, including reasonable attorneys’ feesor anyone claiming under it, shall be paid done in a lien free and good and workmanlike manner of first class institutional office building quality, that the same shall be done in conformity with all laws, ordinances and regulations of all public authorities, that the structure of the Leased Premises shall not be endangered or impaired and that Tenant shall repair all damages caused by Tenant within 10 days following Tenant’s receipt of a xxxx or resulting from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeany such Alterations.

Appears in 1 contract

Samples: Lease Agreement (Spanish Broadcasting System of Puerto Rico Inc /Pr/)

Alterations. Following the Commencement Date, Tenant shall not make make, or suffer to be made, any changesalterations of the Premises, additionsor any part thereof, alterations, improvements or additions to without the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consentconsent of Landlord, which shall consent will not be unreasonably withheld, conditioned or delayed. All alterationsdelayed (but, in the case of alterations which will affect the structural portions of the Building, may be granted or withheld in Landlord’s sole and absolute discretion), and any Tenant improvements, and additions to or alterations of the Premises shall become a part of the realty and belong to Landlord; provided, however, Tenant shall retain title to all equipment, furniture, fixtures and other personal property placed in the Premises (other than whether before or after the Laboratory PremisesCommencement Date) by Tenant excepting only personal property used by Tenant solely in connection with the maintenance or repair of the Property (expressly excluding any personal property used by Tenant in the conduct of its business as an occupant of the Property as opposed to the maintenance or repair of the Property) which has been conveyed to Landlord. Notwithstanding the foregoing, Tenant may paint the Premises and Common Area (as permitted install carpet in the Premises without Landlord’s consent. Landlord’s consent shall be conditioned upon Tenant’s acquiring all applicable governmental permits, and all Tenant’s alterations shall be performed in a workmanlike manner with good and sufficient materials. If Landlord has consented to any proposed alterations by Tenant, Tenant shall advise Landlord in accordance with this Paragraph) shall be done only by writing, in advance, of the date upon which such alterations will commence in order to permit 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 reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received to post a notice of intent non-responsibility. Except for such as it may be contesting in good faith in a manner not prejudicial to file Landlord, Tenant will promptly pay and discharge all claims for work or which has been filed against labor done, supplies furnished or services rendered at the request of Tenant. Tenant will keep the Premises free and Common Area or the Building arising out clear 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 Tenantall mechanic’s expenseand materialmen’s liens in connection herewith, and the amount expended by LandlordTenant covenants to indemnify and hold Landlord free and harmless from any and all liability, claim, damage, loss, cost or expense (including but not limited to reasonable attorneys’ fees) in connection with any labor, material or service supplied or rum/shed in or about the Premises at the request of Landlord or its assignees or sub-tenants to those for whom it is responsible. Upon demand, Tenant shall be paid reimburse Landlord for all reasonable, out-of-pocket costs incurred by Tenant within 10 days following Landlord in connection with any alterations performed by Tenant’s receipt , including, without limitation, the costs of a xxxx from Landlord. All any third-party architects, engineers or consultants reasonably required by Landlord to review drawings for such alterations, improvements, or additions, whether temporary or permanent in character, made.

Appears in 1 contract

Samples: Lease (Applied Micro Circuits Corp)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements no alteration in or additions addition to the Leased Premises and Common Area nor permit the making of any hole or attach in the walls, partitions, ceilings or affix any articles thereto floors thereof without Landlord’s on each occasion obtaining the prior written consentconsent of Landlord. The construction and installation of any permitted alteration or addition shall be performed in a good and workmanlike manner and pursuant to plans and specifications and utilizing contractors approved by Landlord, which approval shall not be unreasonably withheld. Upon completion of any such alterations or additions, conditioned Tenant shall provide Landlord with such documents and/or “as built” working drawings as Landlord may reasonably request. Any alteration and/or addition made by Tenant in or delayedto the Leased Premises, whether or not made with the consent of Landlord, shall remain on the Leased Premises and without compensation to Tenant shall become the property of Landlord upon the termination of this Lease by lapse of time or otherwise; provided, however, that if Landlord so elects by written notice to Tenant delivered at least thirty (30) days prior to the end of the Term, Tenant shall remove all such alterations and/or additions and restore the Leased Premises to a condition comparable to that existing at the time such alterations and/or additions were made. All alterationsNothing herein contained shall prevent the installation of Tenant’s trade fixtures in the Leased Premises, improvements, provided that such trade fixtures can be installed and removed upon termination of this Lease without structural damage to the Leased Premises and provided that Tenant shall remove all such trade fixtures and restore the Leased Premises to a condition comparable to that existing at the time such installation was made. Tenant shall make all alterations and additions to the Leased Premises (other than the Laboratory Premises) as are required by governmental authority and Common Area (as permitted which arise by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at reason of Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting use of the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Leased Premises and Common Area all alterations and additions which are made necessary by the act or the Building arising out of work done for, or materials furnished to or on behalf neglect of Tenant, its contractors agents, employees and invitees. Notwithstanding the foregoing, Tenant may paint, re-carpet and make other minor non-structural decorative additions or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following alterations the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 TenantLeased Premises without Landlord’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeprior approval.

Appears in 1 contract

Samples: Lease Agreement (Isco International Inc)

Alterations. Following Notwithstanding anything to the Commencement Datecontrary contained in the Master Lease, Tenant Subtenant shall not construct or install a vivarium or otherwise make any changesalterations, additions, alterationsrenovations, improvements or additions other installations, whether structural or nonstructural (collectively, "Subtenant Alterations") in or to the Premises and Common Area or attach or affix any articles thereto without Landlord’s the prior written consentconsent of Sublandlord, which approval shall not be unreasonably withheld, conditioned withheld or delayed, and Master Landlord pursuant to the Master Lease. In the event that Subtenant desires to construct or install a vivarium or biobubble, such proposed vivarium or biobubble shall be designed, constructed, and operated in full compliance with all Federal, State and local government laws, regulations and statutes, including without limitation, compliance with the Public National Institutes of Health Guide for Care and Use of Laboratory Animals. If Master Landlord consents or does not require its consent to the construction of a vivarium or biobubble, Subtenant will not need Sublandlord's consent to such vivarium or biobubble. All alterations, improvements, and additions Subtenant Alterations shall be subject to the Premises (other than terms and conditions of the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by LandlordMaster Lease, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting including without limitation, the Laboratory Premises may be performedobligation, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s Subtenant's sole cost and expense, to remove such Subtenant Alterations at the end of the Sublease Term and restore the Sublease Premises to the condition existing immediately prior to completion of the Subtenant Alterations, if so required by Sublandlord or Master Landlord. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors All Subtenant Alterations shall be discharged, bonded over, or otherwise satisfied performed by Tenant within ten days following the earlier a contractor reasonably approved by Sublandlord and Master Landlord and shall be completed in accordance with Paragraph 5 of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filedMaster Lease. If Tenant fails to dischargeSubtenant shall, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s its sole cost and expense, obtain any permits or other approvals from the Master Landlord and from any governmental entities required for any Subtenant Alterations desired by Subtenant and shall comply with all building codes, requirements and other laws related thereto, including without limitation the amount expended by LandlordAmericans With Disabilities Act. Subtenant shall indemnify, defend (with counsel reasonably acceptable to Sublandlord), and hold harmless Sublandlord and its agents, contractors, directors, shareholders and representatives from and against any and all losses, costs, claims, liabilities and damages (including reasonable attorneys’ fees' and experts' fees and expenses) arising from or relating in any manner to the installation, shall be paid use, operation, repair, maintenance, restoration, replacement and removal of the Subtenant Alterations and all substances and materials used in connection therewith, except to the extent caused by Tenant within 10 days following Tenant’s receipt the gross negligence or willful misconduct of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeSublandlord.

Appears in 1 contract

Samples: Letter Agreement (Anadys Pharmaceuticals Inc)

Alterations. Following the Commencement Date, (a) Tenant shall not make any changesnot, additions, alterations, improvements or additions to the Premises and Common Area or attach or affix any articles thereto without Landlord’s 's prior written consentapproval, which approval shall not be unreasonably withheld, conditioned or delayed. All , make any alterations, improvementsadditions or improvements to the Premises, whether interior or exterior, including without limitation the installation of lighting fixtures, space heaters, air conditioning, electrical equipment, power panels, plumbing, ducts, or window coverings (collectively, "Alterations"), provided that Tenant may install such trade fixtures as are reasonably appropriate if (i) such items do not alter the basic character of the Building; or overload or damage the same; (ii) such items may be removed without injury to the Premises; and (iii) the alterations, additions or improvements are made in compliance with all Requirements, as herein defined and with Landlord's specifications and requirements. If Landlord informs Tenant in writing at the time Landlord consents to any specific Alteration(s) that the same must be removed, Tenant shall remove such Alteration(s) at the termination of this Lease and shall repair any damage to the Premises (other than caused by such removal and restore the Laboratory Premises) portion of the Premises affected by such removal to its condition prior to the installation of the Alterations subject to reasonable wear and Common Area (as permitted by Landlord tear and surrender the Premises in accordance with this Paragraph) Lease. Unless Landlord requires their removal, all Alterations shall be done only by become the property of 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 reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against remain upon the Premises and Common Area at the expiration or the Building arising out sooner termination of work done forthis Lease. Landlord's consent to any such Alteration shall not be construed to mean that same is in compliance with all Requirements, 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filedas herein defined. If Tenant fails to discharge, bond over, or otherwise satisfy makes any such lienAlterations without the prior written approval of Landlord, Landlord may do so require that Tenant remove any or all of the same at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, any time. Tenant shall be paid by Tenant deliver to Landlord within 10 thirty (30) days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeafter making final payment to contractors:

Appears in 1 contract

Samples: Lease Agreement (Restoration Hardware Inc)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions alterations (“Alterations”) to the Premises and Common Area or attach or affix any articles thereto the Business Park without Landlord’s prior written consent, which consent shall not be unreasonably withheld. Once Landlord’s written consent is granted, conditioned or delayed. All alterations, improvements, and additions Tenant must provide Landlord at least ten (10) business days prior to the Premises (other than the Laboratory Premisescommencement of any Alteration with a complete description of each such Alteration including any building permit drawing(s) and Common Area (as permitted by specifications. Landlord may post notices regarding non-responsibility in accordance with this Paragraph) the laws of the state in which the Premises are located. All Alterations made by Tenant shall be done only performed by Tenant and its contractors in a good and workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any Alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within thirty (30) days before or thirty (30) days after expiration of the Term, elect to require Tenant to remove some or all of the Alterations which Tenant may have made to the Premises. If Landlord so elects, Tenant shall at its own cost restore the Premises to the condition that existed as of the Commencement Date, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. If requested by Tenant at the time of Tenant’s request for approval of Alterations, Landlord shall advise Tenant in writing whether Landlord shall require Tenant to remove some or all of said Alterations upon expiration or termination of the Lease. Should Landlord consent in writing to Tenant’s Alteration of the Premises, Tenant shall contract with a contractor approved by Landlord or contractors or mechanics approved by Landlordfor the construction of such Alterations, shall secure all appropriate governmental approvals and permits, and shall be at Tenant’s sole expense complete such Alterations with due diligence in compliance with plans and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be specifications reasonably 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 the foregoing, at Tenant may construct non-structural Alterations within the interior of the Building without Landlord’s prior approval, if the cost of any such project does not exceed Fifty Thousand Dollars ($50,000) in any twelve (12)-month period. Tenant’s sole cost trade fixtures, furniture, equipment and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against other personal property installed in the Premises (collectively, “Tenant’s Property”) shall at all times be and Common Area remain Tenant’s property. Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or the Building arising out of work done for, or materials furnished to or on behalf other interest in any item of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeProperty.

Appears in 1 contract

Samples: 3PAR Inc.

Alterations. Following The requirements of this Section 5.01 shall apply to Tenant’s Work as described in Section 1.07 and any other alteration of the Commencement Date, Premises by Tenant or Tenant’s agents or employees. Tenant shall not make any changesnot, additions, alterations, improvements or additions to the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consent, which shall not make or cause to be unreasonably withheldmade any alteration, conditioned addition or delayed. All alterations, improvements, and additions improvement to the Premises (other than the Laboratory Premises) and Common Area (as permitted Promises or to any exterior signs, shades or awnings. Consent shall be at Landlord’s sole discretion. Any alteration consented to by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be made at Tenant’s sole expense expense. In conducting any work at the Premises, Tenant shall: provide trash containers for construction debris; use service entrances to the Premises if any; conduct no core drillings during business hours, and at disrupt other tenants as little as possible. Tenant shall secure any and all governmental permits, approvals or authorizations required in connection with any such times work and shall hold Landlord harmless from any and all liability, costs, damages, expenses (including attorney’s fees) and liens resulting therefrom. All alterations (expressly including all light fixtures and floor coverings, appliances and equipment (except trade fixtures) that do not become a part of the Premises), shall immediately become the property of Landlord. Tenant shall utilize only contractors or subcontractors approved by Landlord. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment, including lien releases, for all labor and materials. No penetration into or through the roof or floor of the Premises may be made without Landlord’s prior written approval of such penetration and the method by which it is to be done. If Landlord approves any such penetration, Landlord shall have the absolute right to select and/or supervise the contractor performing such penetration. Tenant shall be liable for any damage caused by any such penetration, whether or not approved by Landlord. Tenant shall reimburse Landlord for all costs incurred by Landlord (including architects and/or engineer’s fees) in such manner as reviewing or approving Tenant’s plans for improvements and for reasonable costs incurred by Landlord may reasonably approve. Any in supervising any work required to be approved by Landlord hereunder affecting hereunder. Notwithstanding anything herein to the Laboratory Premises may be performedcontrary, at in connection with any and ail alterations, additions or improvements (including Tenant’s optionWork as described in Section 1.07) made by Tenant, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at comply with all of the provisions of “Tenant’s sole cost Construction Criteria” set forth in Exhibit “B” attached hereto and expense. Any mechanics or materialman’s lien incorporated herein for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeall purposes.

Appears in 1 contract

Samples: Lease Agreement

Alterations. Following the Commencement Date, 11.1 Tenant shall not paint the Premises or make any changesalterations, additions, alterations, or other improvements in or additions to the Premises and Common Area or attach install any equipment of any kind that shall require any alterations or affix additions or affect the use of the Project’s water system, heating system, plumbing system, air-conditioning system, electrical system or other mechanical system, or install any articles thereto telephone antennae on the roof, in the windows or upon the exterior of the Building without the prior written consent of Landlord. If any such alterations or additions are made by Tenant without Landlord’s prior written consent, which Landlord may correct or remove them and Tenant shall not be unreasonably withheld, conditioned liable for any and all costs and expenses incurred by Landlord in the correction or delayedremoval of such work. All alterations, improvements, plans and specifications for any such work shall be prepared by Tenant at Tenant’s expense and shall thereafter be submitted to Landlord for its review. All alterations and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted shall be performed by Landlord, or Landlord’s contractor, unless Landlord shall otherwise agree in writing. If any alterations or additions are not, with Landlord’s consent, performed by Landlord or its contractor, Tenant shall nevertheless pay Landlord a fee of ten percent (10%) of the total cost of the work to be performed, payable five percent (5%) prior to the beginning of the work and the remaining five percent (5%) upon completion of the work. Such fee is to compensate Landlord for coordinating Tenant’s contractor’s use of the Project’s systems and for access to the electrical, mechanical and telephone closets, as necessary. As a further condition of Landlord’s consent to the use of Tenant as contractor, Tenant or Tenant’s contractor must evidence insurance coverage to include: (a) Worker’s Compensation Coverage and (b) Comprehensive General Liability and Property Damage insurance in accordance the amount of not less than Two Million Dollars ($2,000,000.00) in the aggregate. All work with this Paragraph) respect to such alterations and additions shall be done only by Landlord or contractors or mechanics approved by Landlordin a good and workmanlike manner and diligently prosecuted to completion to the end that Premises shall at all times be a complete unit except during the period necessarily required for such work. Tenant shall not permit a mechanic’s lien(s) to be placed upon the Premises, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area Building or the Building arising out Project as a result of work done forany alterations or improvements made by it and agrees, or materials furnished to or if any such lien be filed on behalf account of the acts of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following promptly to pay the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filedsame. If Tenant fails to dischargedischarge such lien within ten (10) days of its filing, bond overthen, in addition to any other right or otherwise satisfy remedy of Landlord, Landlord may, at its election, discharge the lien. Tenant shall pay on demand any amount paid by Landlord for the discharge or satisfaction of any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable all attorneys’ feesfees and other costs and expenses of Landlord incurred in defending any such action or in obtaining the discharge of such action or in obtaining the discharge of such lien, together with all necessary disbursements in connection therewith. Tenant hereby expressly recognizes that in no event shall it be paid deemed the agent of Landlord and no contractor of Tenant shall by Tenant within 10 days following Tenant’s receipt virtue of a xxxx from Landlordits contract be entitled to assert any lien against the Premises, Building or Project. All alterationsalterations or additions shall become a part of the realty and surrendered to Landlord upon the expiration or termination of this Lease, improvements, unless Landlord shall at the time of its approval of such work require removal or additions, whether temporary or permanent in character, maderestoration on the part of Tenant as a condition of such approval.

Appears in 1 contract

Samples: Agreement of Lease (Windstar Energy, LLC)

Alterations. Following the Commencement Date, Tenant Subtenant shall not make any changes, additions, alterations, improvements in or alterations or additions (collectively, “Alterations”) to the Premises without first obtaining Sublandlord's written consent. All Alterations shall be at the sole cost and Common Area expense of Subtenant and, except for Subtenant's trade fixtures, furniture and equipment, shall become the property of Sublandlord and shall remain in and be surrendered with the Premises at the termination of this Sublease (unless Subtenant has entered into a direct lease of the Premises with Landlord the term of which continues beyond the expiration of the Term (a “Direct Lease”). Any alteration approved in writing by Sublandlord shall not be subject to removal upon the termination of the Sublease unless such requirement is stated at the time approval is given by Sublandlord in writing. Should Sublandlord require in writing at time of approval, or attach or affix any articles thereto should Subtenant make alterations without Landlordattaining Sublandlord’s prior required written consent, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvementsSublandlord may elect to require Subtenant to remove from the Premises such Alterations upon the termination of the Sublease, and additions to upon any such election Subtenant shall promptly do so and shall repair all damages occasioned by such removal and return the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlordto their original condition to Sublandlord's reasonable satisfaction, and shall be all at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s Subtenant's sole cost and expense. Any mechanics All Alterations undertaken by Subtenant shall be performed by a contractor approved in advance by Sublandlord, according to plans approved in advance by Sublandlord. Subtenant shall cause all work to be done in a good and workmanlike manner using materials equal to or materialman’s lien for which Landlord has received a notice better than those used in the construction of intent to file or which has been filed against the Premises and Common Area shall comply with or the Building arising out of work done forcause compliance with all laws and with any direction given by any public officer pursuant to law, or materials furnished to or on behalf of Tenantincluding, its contractors or subcontractors shall be dischargedwithout limitation, bonded over, or otherwise satisfied by Tenant within ten days following the earlier Title III of the Americans with Disabilities Act of 1990 (“ADA”), as the same are in effect on the date Landlord receives hereof and may be hereafter modified, amended or supplemented. During construction, Subtenant or its general contractor shall procure and maintain in effect all insurance coverages required under the Master Lease and any additional insurance coverage required by Sublandlord at its sole discretion. Notwithstanding the foregoing, Sublandlord agrees not to unreasonably withhold, condition or delay its consent to any alterations proposed by Subtenant, provided that (1i) notice such alterations comply with all requirements of intent to file a lien or (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 expenseMaster Lease, and (ii) such alterations are approved by Landlord pursuant to the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeMaster Lease.

Appears in 1 contract

Samples: Sublease Agreement (Smart Video Technologies Inc)

Alterations. Following the Commencement Date, Tenant shall not make or suffer to be made any changes, additions, alterations, additions or improvements to or additions to of the Premises and Common Area or attach or affix any articles thereto part thereof without Landlord’s the prior written consent, consent of Landlord which consent shall not be unreasonably withheld, conditioned or delayed. All provided that if the alterations, improvementsadditions or improvements involve or directly or substantially affect the Building systems or structure such consent may be withheld in Landlord's sole discretion. Notwithstanding the foregoing, if the total cost of an alteration, addition or improvement does not exceed Fifty Thousand Dollars ($50,000), Landlord's consent shall not be required, provided that such alteration, addition or improvement is not visible from outside of the Premises and does not involve or otherwise directly or substantially affect the Building systems or structure and is otherwise performed in accordance with the provisions of this Paragraph 12. Any alterations, additions, or improvements to Premises, including without limitation any partitions, movable or otherwise, and all carpeting, shall at once become a part of the realty and belong to Landlord. Movable furniture, equipment and trade fixtures shall remain the property of Tenant. If Landlord consents to the making of any alterations, additions or improvements to the Premises (other than by Tenant, the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) same shall be done only made by Tenant at Tenant's sole cost and expense and any contractor or person selected by Tenant to make the same must first be approved of in writing by Landlord. If Tenant requests in writing at the time it requests approval of an alteration, addition or improvement (or at anytime with respect to alterations, additions and improvements not requiring Landlord's consent) that Landlord notify Tenant whether it will require such alteration, addition or contractors improvement to be removed at the expiration or mechanics approved termination of the Term and if Landlord approves such alteration, addition or improvement, Landlord shall so notify Tenant at the time it approves such alteration, addition or improvement (or, in the case of alterations, additions or improvements not requiring Landlord's consent, within ten (10) business days after Landlord's receipt of such request). Upon the expiration or sooner termination of the term. Tenant, upon demand by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s 's sole cost and expense. Any mechanics , forthwith and with all due diligence shall remove any alterations, additions or materialman’s lien for which improvements made by Tenant, other than those that Landlord has received a notice notified Tenant pursuant to the terms of intent the preceding sentence that Tenant is not required to file or which has been filed against remove and other than typical office improvements that are generally consistent with Building standards, and Tenant, forthwith and with all due diligence, at its sole cost and expense, shall repair any damage to the Premises caused by such removal. Tenant's obligation to remove any alterations, additions, improvements, fixtures and/or personal property and Common Area to repair any damage from such removal shall survive the termination of this Lease. Tenant shall reimburse Landlord upon demand for any reasonable expenses incurred by Landlord in connection with any alterations, additions or improvements made by Tenant, including reasonable fees charged by Landlord's contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building arising out to reflect the Alterations. Construction of work done forthe alterations, additions, or materials furnished to or on behalf of Tenant, its contractors or subcontractors improvements shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, completed in accordance with drawings and the amount expended specifications approved in advance in writing by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of carried out in a xxxx from Landlord. All alterationsgood and workmanlike manner, improvementsand shall comply with all applicable laws, or additionsstatutes, whether temporary or permanent in characterordinances and governmental rules, maderegulations and requirements.

Appears in 1 contract

Samples: Sublease Agreement (Planetout Inc)

Alterations. Following the Commencement Date, Tenant shall not not, without the prior written consent of Landlord in each instance obtained, make any changesrepairs, additionsreplacements, alterations, improvements or additions (collectively “Improvements”) to the Premises and Common Area or attach or affix any articles thereto without Premises, Landlord’s consent to any such Improvements shall be conditioned upon such requirements as Landlord deems appropriate, including without limitation, the submission of detailed plans and specifications. All such improvements shall be done at Tenant’s expense by employees or agents of Landlord or contractors hired by Landlord except to the extent Landlord gives its prior written consentconsent to Tenant hiring its own contractors, which and, in either event, Tenant shall not be unreasonably withheldpay to Landlord or its agent a charge for supervision, conditioned or delayed. All alterationsgeneral conditions, improvementsoverhead, Landlord’s profit and additions to the Premises (other than the Laboratory Premises) costs and Common Area (as permitted expenses incurred by Landlord in accordance connection with this Paragraphsuch work, as established by Landlord from time to time. In the event that Tenant uses its own contractors for the Improvements Landlord may, without limitation, require Tenant to: (a) demonstrate that the construction of such Improvements will not jeopardize labor harmony; (b) submit satisfactory insurance certificates; (c) obtain all necessary permits; (d) furnish satisfactory security for the payment of all costs to be incurred in connection with the Improvements; and (e) upon completing any such Improvements, furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and material expended and used. All Improvements shall comply with all insurance requirements and with all applicable governmental laws, requirements, codes, ordinances and regulations. All improvements shall be done constructed in a good and workmanlike manner and only good grades of material shall be used. Except for Landlord’s negligence, Tenant shall protect, defend, indemnify and hold Landlord, the Building, Landlord’s beneficiaries, and their respective officers, directors, beneficiaries, agents and employees harmless from any and all liabilities of every kind and description which may arise out of or in connection with such improvements. All improvements made by Landlord or contractors Tenant in or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against upon the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeincluding but not limited to wall coverings, carpeting and other floor covering, lighting installations, built-in or attached shelving, cabinetry, and mirrors, shall become Landlord’s property and shall remain upon the Premises at the termination of this Lease by lapse of time or otherwise without compensation to Tenant [excepting only Tenant’s movable office furniture, trade fixtures (other than attached or installed lighting equipment), and office equipment]; provided, however, that Landlord shall have the right to require Tenant to remove such Improvements at Tenant’s sole cost and expense in accordance with the provisions of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Midwest Banc Holdings Inc)

Alterations. Following the Commencement Date, Tenant TENANT shall not make any changes, additions, alterations, improvements or and/or additions to the Demised Premises and Common Area or attach or affix any articles thereto without Landlord’s prior first obtaining, in each instance, the written consentconsent of LANDLORD, which shall consent LANDLORD agrees will not be unreasonably withheld, conditioned or delayed. All LANDLORD shall reply in writing within fifteen (15) days of TENANT’S written request to make any such alterations, improvements, and improvements and/or additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) or such request shall be done only by Landlord or contractors or mechanics deemed approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlordhereunder. All alterations, improvements and/or additions shall be made in accordance with all applicable laws, building codes and ordinances, in a good and workmanlike manner. Any and all alterations, additions and improvements, which may be made or additionsinstalled by TENANT upon the Demised Premises and which in any manner are attached to the floors, walls or ceilings (including, without limitation, any linoleum or other floor covering of similar character which may be cemented or otherwise adhesively affixed to the floor) shall remain upon the Demised Premises at the expiration or earlier termination of this Lease or, at the option of the LANDLORD, be removed from the Demised Premises. However, the usual trade fixtures and furniture which may be installed in the Demised Premises prior to or during the term hereof at the cost of TENANT may be removed by TENANT from the Demised Premises upon the expiration or earlier termination of this Lease. Further, subject to reasonable wear and tear, TENANT covenants and agrees, at its own cost and expense, to repair any and all damage to the Demised Premises resulting from or caused by such removal or the removal of all items and materials designated by LANDLORD, LANDLORD shall, upon approving any alterations, improvements and/or additions requested by TENANT, advise TENANT at the time of giving such approval, as to whether temporary or permanent in characterthe LANDLORD will require such alterations, madeimprovements and/or additions to be removed upon expiration of the Lease.

Appears in 1 contract

Samples: Lease (Durata Therapeutics, Inc.)

Alterations. Following the Commencement Date, Tenant shall not make any changesalternations, additionsadditions or improvements (collectively, alterations, improvements "Alterations") in or additions to the Premises and Common Area or attach or affix any articles thereto without Landlord’s the prior written consentconsent of Landlord, which shall not be unreasonably withheld, conditioned or delayedbut may be predicated upon but not limited to Tenant's use of contractors who are acceptable to Landlord; and any Alterations, except for Tenant's movable furniture and equipment, at Landlord's election, shall immediately become Landlord's property and, at the end of the Term, shall remain on the Premises without compensation to Tenant or, if Landlord shall elect, be removed by Tenant prior to the expiration date of this Lease. All alterationsAlteration shall be completed in compliance with all laws, improvementscodes, rules, and additions ordinances in effect at the time of such Alterations. In the event the making of any Alterations triggers any additional work to be performed to the Premises (other than or the Laboratory Premises) Building, such additional work shall be performed at Tenant's sole cost and Common Area (as permitted expense. In the event Tenant fails to remove any Alterations required by Landlord to be removed, Landlord may remove such Alterations and Tenant shall be obligated to immediately reimburse Landlord for the cost therefor. In the event Landlord consents to the making of any Alterations by Xxxxxx, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics plans and specifications approved by Landlord, and any contractor or person selected by Tenant to make the same must first be approved in writing by Landlord or, at Landlord's option, the Alterations shall be made by Landlord for Tenant's account and Tenant shall reimburse Landlord for the cost thereof (including a reasonable charge for Landlord's overhead) within twenty (20) days after receipt of a statement from Landlord therefor. Upon the expiration or sooner termination of the Term, Tenant shall upon demand by Landlord and at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s 's sole cost and expense. Any mechanics , promptly remove any Alterations made by or materialman’s lien for which the account of Tenant that are designated by Landlord has received a notice of intent to file or which has been filed against be removed, and Tenant shall at its sole cost and expense, promptly repair and restore the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeoriginal condition.

Appears in 1 contract

Samples: Lease (Embark Com Inc)

Alterations. Following A. Landlord agrees to install the Commencement Dateimprovements described in Exhibit C. All other improvements to the Premises, including all cabling within the walls in the Premises or within Building common areas ("Alterations") shall be installed at the cost and expense of Tenant, 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 on Landlord's list of approved contractors. All cabling required by Tenant within the walls in the Premises or within Building common areas shall be installed by Landlord's approved contractors. In connection with any request for an approval of Alterations, Landlord may retain the services of an architect and/or engineer for the purpose of reviewing the plans and specifications submitted by Tenant and Tenant shall reimburse Landlord for the actual and reasonable fees of such architect and/or engineer. Tenant will also pay Landlord an amount equal to five percent (5%) of all the costs of such Alterations to reimburse Landlord for its inspection and supervision of the Alterations, which amount Landlord shall waive if Tenant utilizes Urban Innovations Ltd. as its general contractor for the Alterations. All Alterations shall be constructed in accordance with all governmental laws, ordinances, rules and regulations ("Laws") and Landlord's rules for contractors, including insurance requirements for contractors, and Tenant 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 costs thereof and to protect Landlord against any loss from any mechanics', laborers', materialmen's or other liens. At the time of completion of each Alteration, Tenant shall not make any changesdeliver to Landlord a set of final "as-built" plans. All Alterations shall be and remain the property of Tenant during the Term and Tenant shall, additionsunless Landlord otherwise elects, alterationsremove all Alterations and restore the Premises to its original condition by the date of termination of this Lease or upon earlier vacating of the Premises; provided, improvements however, that, if at such time Landlord so elects, such of the Alterations as Landlord shall elect shall become the property of Landlord as of the date of termination of this Lease or additions to upon earlier vacating of the Premises and Common Area or attach or affix any articles thereto without title shall pass to Landlord under this Lease as by a xxxx of sale. All such removals and restoration shall be accomplished in a good workmanlike manner and in accordance with Landlord’s prior written consent, 's standard move in/move out procedures by contractors approved in writing by Landlord (which approval shall not be unreasonably withheld) so as not to damage the Building, conditioned or delayedthe Alterations which Landlord has elected will remain in the Premises. All alterationsIn particular, improvementsif Landlord has elected that cabling will remain in the Premises, all furniture and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord partition removal must be done in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times 's standard move in/move out procedures and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting will not adversely affect the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madecabling.

Appears in 1 contract

Samples: Lease Agreement (CURO Group Holdings Corp.)

Alterations. Following the Commencement Date, Tenant shall not make any changesmake, additions, alterations, improvements or additions to without the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consentconsent of Landlord, which shall will not be unreasonably withheld, conditioned any alterations, additions or delayedimprovements to the Premises. Landlord’s decision to refuse such consent shall be conclusive. If Landlord consents to such alterations, additions or improvements, before commencement of the work or delivery of any materials onto the Premises or into the Building, Tenant shall furnish to Landlord for approval (i) plans and specifications, (ii) names and addresses of contractors, (iii) copies of contracts, necessary permits and licenses and (iv) instruments of indemnification against any 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, improvementsadditions and improvements shall be’ installed in a good, workmanlike manner and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) only new, high-grade materials shall be used. All such work shall be done only by Landlord or contractors or mechanics approved by Landlord, Landlord and shall be at 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 sole expense Contractor and at Subcontractor Agreement prior to beginning any work on the Premises. Before commencing any to the Building, including the Premises, occasioned by such times alterations, additions and improvements work in connection with such manner as alterations, additions or improvements, Tenant shall furnish Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring Landlord against any and all liabilities which may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising arise out of or be connected in any way with said alterations, additions or improvements. Tenant shall permit Landlord to supervise construction operations in connection with the foregoing work done forif Landlord requests to do so. Tenant shall pay the cost of all such alterations, or materials furnished to or on behalf additions and improvements, as well as the cost of Tenantdecorating and repairing any damage, its contractors or subcontractors shall be dischargedincluding the cost of labor and materials, bonded overcontractors’ profits, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expenseoverhead and general conditions, and the amount a reasonable fee to Landlord. Upon completing any alterations, additions or improvements, Tenant shall furnish Landlord with contractors’ affidavits in form required by law, and full and final waivers of lien and receipted bills covering all labor and materials expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlordand used. All alterations, improvements, or additions, whether temporary or permanent in character, madeadditions 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 1 contract

Samples: Office Lease (Regado Biosciences Inc)

Alterations. Following the Commencement Date, 11.1 Tenant shall not make any changes, additions, alterations, additions or improvements or additions to the Demised Premises (collectively, the "Alterations") without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, except for (i) the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Demised Premises, and Common Area (ii) nonstructural Alterations in the Demised Premises which are not visible from the outside of the Demised Premises, if the cost of such nonstructural Alterations do not exceed Fifty Thousand Dollars ($50,000.00) in any twelve (12) month period. Even though Landlord's consent is not required, the foregoing alterations shall be subject to all other requirements of Article 11. Tenant shall furnish complete plans and specifications to Landlord at the time it requests Landlord's consent to any Alterations if the desired Alterations (i) will affect the Industrial Complex's mechanical, electrical, plumbing or attach life safety systems or affix services, or (ii) will affect any articles thereto structural component of the Demised Premises or the Industrial Complex, or (iii) will require the filing of plans and specifications with any governmental or quasi-governmental agency or authority, or (iv) will cost in excess of Fifty Thousand Dollars ($50,000.00). Subsequent to obtaining Landlord's consent and prior to 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 reimburse Landlord within ten (10) days after the rendition of a bill xxx all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including, without limitation, all reasonable management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Tenant's plans and specifications and for the reasonable monitoring of construction of the Alterations. If Landlord consents to the making of any Alterations, such Alterations shall be made by Tenant at Tenant's sole cost and expense by a contractor approved in writing by Landlord’s . Tenant shall give Landlord not less than ten (10) days advance written notice of the commencement of Tenant's Alterations to enable Landlord to post and record notices of nonresponsibility. Tenant shall require its contractor to maintain insurance in such commercially reasonable amounts and in such form as Landlord may require. Any construction, alteration, maintenance, repair, replacement, installation, removal or decoration undertaken by Tenant in connection with the Demised Premises shall be completed in accordance with plans and specifications which must be approved by Landlord, shall be carried out in a good, workmanlike and prompt manner and in accordance with the provisions of Exhibit "D" attached hereto, shall comply with all applicable Regulations of the authorities having jurisdiction thereof, and shall be subject to supervision by Landlord or its employees, agents or contractors. Without limiting the generality of the immediately preceding sentence, any installation or replacement of Tenant's heating or air conditioning equipment must be effected strictly in accordance with Landlord's instructions, the Clean Air Act and all other applicable Regulations. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Areas either within or without the Industrial Complex in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Industrial Complex in order to comply with any applicable Regulations, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such alterations and/or improvements. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the Demised Premises upon the expiration or sooner termination of this lease, except Tenant shall upon demand by Landlord, at Tenant's sole cost and expense, forthwith and with all due diligence remove all or any portion of any Alterations made by Tenant which are designated in writing by Landlord to be removed and repair and restore the Demised Premises in a good and workmanlike manner to their original condition, reasonable wear and tear excepted. Notwithstanding the foregoing, Landlord acknowledges that Tenant shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, and additions required to remove the Premises (other than the Laboratory Premises) and Common Area (as permitted Leasehold Improvements to be constructed by Landlord in accordance with this Paragraph) shall be 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 reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area Exhibit "B" or the Building arising out of work done for, or materials furnished Subsequent Improvements to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent constructed in character, madeaccordance with Exhibit "C".

Appears in 1 contract

Samples: Apbiotech

Alterations. Following the Commencement Date, Tenant shall not make or suffer to be made any changesalterations, additions, alterationschanges or improvements in, improvements on, or additions to the Premises and Common Area or attach or affix any articles thereto part thereof without Landlord’s the prior written consent, which shall not be unreasonably withheld, conditioned or delayed. All consent of Landlord; and any such alterations, improvementsadditions, changes, or improvements in, on or to said Premises except for Tenant's movable furniture and equipment, shall immediately become Landlord's property and, at the end of the Term hereof, shall remain on the Premises without compensation to Tenant, unless Tenant elects to remove same, in which event Tenant shall do so, and additions to also restore the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be to its pre-existing condition at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s 's sole cost and expense. In the event Landlord consents to the making of any such alterations, additions, changes or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, statutes, ordinances, rules and regulations public and private, and all requirements of landlord's and Tenant's insurance policies, and in accordance with plans and specifications approved by Landlord (such approval not to be unreasonably withheld, delayed or conditioned). Any mechanics contractor or materialman’s lien for which Landlord has received a notice of intent person selected by Tenant to file or which has been filed against make the Premises same, and Common Area or the Building arising out of work done forall subcontractors, must first be approved in writing by Landlord, or materials furnished to at Landlord's option, the alteration, addition or on behalf of Tenant, its contractors or subcontractors improvement shall be dischargedmade by Landlord for Tenant's account and Tenant shall reimburse Landlord for the cost thereof upon demand; provided, bonded overthat should Landlord elect to perform to Tenant's account, or otherwise satisfied the cost thereof to Tenant shall be competitive with any preferred estimate previously obtained by Tenant within ten days following and provided to Landlord for such alteration, addition or improvement. Upon the earlier expiration or sooner termination of the date Landlord receives (1) notice of intent Term herein provided, Tenant may opt to file a lien remove any improvement or (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 alteration at Tenant’s 's sole cost and expense, and Tenant shall forthwith and with all due diligence, at its sole cost and expense, thereupon repair and restore the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madePremises to their original condition.

Appears in 1 contract

Samples: Office Lease Agreement (Witness Systems Inc)

Alterations. Following Landlord agrees to install at Landlord's cost and expense the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions as described in Exhibit "C" attached hereto. All other improvements to the Leased Premises shall be installed at the cost and Common Area expense of Tenant (which cost shall be payable to Landlord on demand 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 attach or affix any articles thereto without Landlord’s prior written consent, by contractors and subcontractors approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed). All alterations, improvementsadditions, improvements and additions partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Leased Premises to its original condition by the Premises (other than date of termination of this Lease or upon earlier vacating of the Laboratory Leased Premises) ; provided however, that if upon such termination or vacation Landlord so elects such alterations, additions, improvements and Common Area (partitions shall become the property of Landlord and title to such property shall thereupon pass to Landlord under this Lease as permitted by a xxxx of sale. All such removals and restoration shall be accomplished in a good and workmanlike manner by contractors approved in writing by Landlord in accordance so as not to damage the primary structure or structural qualities of the Building and with this Paragraph) shall be 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 insurance Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlordrequire. All alterations, improvementsadditions or improvements proposed by Tenant shall be constructed in accordance with all governmental laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide such assurances to Landlord, as Landlord shall require to assure payment of the costs thereof and to protect Landlord against any loss from any mechanics', laborers', materialmen's or other liens. If such improvements are not being performed by Landlord, Tenant shall permit Landlord, if Landlord so desires, to supervise construction operations in connection with such work. In no event will such supervision or right to supervise by Landlord, or additionsshall any approvals given by Landlord under this Lease, whether temporary constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or permanent quality of such work or materials to Tenant's intended use or impose any liability upon Landlord in character, madeconnection with the performance of such work.

Appears in 1 contract

Samples: Form Lease Agreement (United Community Bancshares Inc)

Alterations. Following the Commencement Date, Tenant Lessee shall not make or permit any changesalterations in, additionson or about the Demised Premises, alterationsexcept for nonstructural alterations not exceeding Twenty-Five Thousand ($25,000.00) Dollars in cost per calendar year, improvements or additions to without the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consentconsent of the Lessor, and according to plans and specifications approved in writing by Lessor, which consent shall not be unreasonably withheld. With regard to alterations not requiring Lessor's consent, conditioned Lessee shall provide Lessor with copies of all plans and specifications therefor prior to the construction thereof. Notwithstanding the foregoing, Lessee shall not, without the prior written consent of the Lessor, make any: (i) Alterations to the structure or delayedexterior of the Building; (ii) Alterations to and penetrations of the roof of the Buildings and (iii) Alterations visible from outside the Demised Premises to which Lessor may withhold Lessor's consent on wholly aesthetic grounds. All alterationsalterations shall be installed at Lessee's sole expense, improvementsin compliance with all applicable laws and regulations, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) a licensed contractor, shall be done only by Landlord or contractors or mechanics approved by Landlordin a good and workmanlike manner conforming in quality and design with the Demised Premises existing as of the commencement date hereof, and shall not diminish the value of either the building or the Demised Premises. All alterations made by Lessee shall be and become the property of Lessor upon installation and shall not be deemed Lessee's personal property: provided, however, that Lessor shall at Tenant’s sole expense and the time consent for the alterations is requested, notify Lessee whether Lessee must at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performedexpiration or earlier termination of the Demised Term, remove, at Tenant’s optionLessee's expense, any or all alterations installed by Tenant or its contractors or mechanics (which Lessee and return the Demised Premises to their condition prior to the installation of such alterations, normal wear and tear excepted. Notwithstanding any other provision of this Lease, Lessee shall be reasonably approved solely responsible for the maintenance and repair of any and all alterations made by Landlord)it to the Demised Premises. Lessee shall give Lessor written notice of Lessee's intention to perform work on the Demised Premises, whether or not Lessor's consent is required, at Tenant’s sole cost least twenty (20) days prior to the commencement of such work to enable Lessor to post and expense. Any mechanics record a Notice of Nonresponsibility or materialman’s lien for which Landlord has received a other notice deemed proper before the commencement of intent to file any such work, Lessor, at Lessor's option at the expiration or which has been filed against the Premises and Common Area 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 days following the earlier termination of the date Landlord receives (1) notice Demised Term, may require Lessee to remove some or all of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madealterations installed without Lessor's consent.

Appears in 1 contract

Samples: Lease Agreement (Sports Resorts International Inc)

Alterations. Following (a) Tenant shall make no alterations or changes, structural or otherwise, to any part of the Commencement DatePremises, either exterior or interior, without Landlord's written consent. In the event of any such approved changes, Tenant shall not make any changes, additions, alterations, improvements or additions have all work done at its own expense. Request for such consent shall be accompanied by plans stating in detail precisely what is to be done. Notwithstanding the foregoing to the contrary, Tenant may make non-structural, cosmetic alterations to the interior of the Premises and Common Area or attach or affix any articles thereto without with Landlord’s prior 's written consent, consent which shall not be unreasonably withheld. Tenant shall comply with the building codes, conditioned regulations and laws now or delayedhereafter to be made or enforced in the municipality, county and/or state, which pertain to such work. All alterationsAny additions, improvementsimprovements (made after the initial improvements to the Premises), alterations and/or installations made by Tenant (except only office furniture, business equipment and additions trade fixtures including, but not limited to, wet laboratories, cabinetry, benches and scientific equipment; provided Tenant shall repair any damage to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraphupon removal of same) shall become and remain a part of the Building and be done only by and remain Landlord's property upon the termination of Tenant's occupancy of said Premises; provided, however, Landlord shall notify Tenant, at the time Tenant requests Landlord's approval to make alterations, that Landlord will or contractors will not require Tenant to remove the proposed alterations from the Premises upon the expiration or mechanics approved by Landlordearlier termination of this Lease. If Landlord requires Tenant to remove such alterations as aforesaid, Tenant shall remove same, repair any damage to the Premises upon removing same, and shall be at restore the Premises to the condition the Premises were in upon delivery of same to Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s 's sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent , ordinary wear and tear and damage due to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished casualty not required to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied repaired by Tenant within ten days following the earlier excepted. Tenant shall save Landlord harmless from and against all expenses, liens, claims or damages to either property or person which may or might arise by reason of the date Landlord receives (1) notice making of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterationsadditions, improvements, alterations and/or installations. Landlord reserves the right, subject to Articles 22 and 52, to change, increase or additionsreduce, from time to time, the number, composition, dimensions or location of any parking areas, signs, the Building name, service areas, walkways, roadways or other common areas or make alterations or additions to the Building, in its sole discretion. Landlord's approval of Tenant's plans and specifications under this Article 9 or any other provisions of this Lease is solely for the purpose of ascertaining whether temporary Tenant's proposed alterations will have an adverse impact on the structural components or permanent Common Facilities of the Building and to insure the aesthetic and architectural harmony of the Tenant's proposed alterations with the remainder of the Building. No approval of plans by Landlord shall be deemed to be a representation or warranty by Landlord that such plans or the work provided for therein will comply with applicable codes, laws or regulations or be in characterconformance with any insurance or other requirements which affect the Premises or the Building, madeand Tenant shall have the sole responsibility of complying with all such requirements notwithstanding Landlord's approval of Tenant's plans.

Appears in 1 contract

Samples: Office Lease (Boston Biomedica Inc)

Alterations. Following the Commencement Date, Tenant shall not make any changesalternations, additionsadditions or improvements (collectively, alterations, improvements "Alterations") in or additions to the Premises and Common Area or attach or affix any articles thereto without Landlord’s the prior written consentconsent of Landlord, which shall not be unreasonably withheld, conditioned or delayedbut may be predicated upon but not limited to Tenant's use of contractors who are reasonably acceptable to Landlord; and any Alterations, except for Tenant's movable furniture and equipment, at Landlord's election, shall immediately become Landlord's property and, at the end of the Term, shall remain on the Premises without compensation to Tenant or, if Landlord shall elect, be removed by Tenant prior to the expiration date of this Lease. All alterationsAlterations shall be completed in compliance with all laws, improvementscodes, rules, and additions ordinances in effect at the time of such Alterations. In the event the making of any Alterations triggers any additional work to be performed to the Premises (other than or the Laboratory Premises) Building, such additional work shall be performed at Tenant's sole cost and Common Area (as permitted expense. In the event Tenant fails to remove any Alterations required by Landlord to be removed, Landlord may remove such Alterations and Tenant shall be obligated to immediately reimburse Landlord for the cost therefor. In the event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics plans and specifications approved by Landlord, and any contractor or person selected by Tenant to make the same must first be approved in writing by Landlord, such approval not to be unreasonably withheld or delayed. Upon the expiration or sooner termination of the Term, Tenant shall upon written demand by Landlord (to be provided at the time such approval for Alterations is requested) and at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s 's sole cost and expense. Any mechanics , promptly remove any Alterations made by or materialman’s lien for which the account of Tenant that are designated by Landlord has received a notice of intent to file or which has been filed against be removed, and Tenant shall at its sole cost and expense, promptly repair and restore the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeoriginal condition.

Appears in 1 contract

Samples: Lease (Linkshare Corp)

Alterations. Following Tenant shall make no alterations or changes, structural or otherwise, except for non-structural alterations which are cosmetic in nature (i.e., consisting of painting and carpeting) to any part of the Commencement DatePremises, either exterior or interior, without Landlord's written consent. In the event of any such approved changes, Tenant shall have all work done at its own expense. Request for such consent shall be accompanied by plans stating in detail precisely what is to be done. Tenant shall comply with the building codes, regulations and laws now in force or hereafter enacted in Fairfax County and the Commonwealth of Virginia which pertain to such work. Any additions, improvements, alterations and/or installations made by Tenant (except only office furniture, business and trade fixtures or any equipment including, but not limited to, telecommunications equipment and related wiring) shall become and remain a part of the Building and be and remain Landlord's property upon the termination of Tenant's occupancy of the Premises; provided, however, that if Landlord gives written notice to Tenant at the expiration or other termination of this Lease to such effect then, it may require Tenant to restore said Premises to the same condition which existed on the date Tenant occupied the Premises for the conduct of business at Tenant's sole cost and expense, except for ordinary wear and tear; provided, however that unless Landlord shall advise Tenant at the time of Landlord's consent to any such addition, alteration, that such addition, alteration, etc. will be required to be removed by Tenant upon the expiration or termination of this Lease, Tenant shall not make be required to remove any changessuch alteration or addition. Tenant shall save Landlord harmless from and against all expenses, liens, claims or damages to either property or person which may or might arise by reason of the making of any such additions, improvements, alterations and/or installations. If any alteration requiring Landlord's consent is made without the prior written consent of Landlord, Landlord may correct or remove the same, and Tenant shall be liable for any and all expenses incurred by Landlord in the performance of this work. It is further understood and agreed by Landlord and Tenant that any alterations shall be conducted on behalf of Tenant and not on behalf of Landlord. It is further understood and agreed that in the event Landlord shall give its written consent to Tenant's making any alterations, improvements such written consent shall not be deemed to be an agreement or consent by Landlord to subject Landlord's interest in the Premises or the Building to any mechanic's liens which may be filed in respect of any alterations made by or on behalf of Tenant. If any mechanic's or materialman's lien (or a petition to establish such lien) is filed in connection with any Alteration, then such lien (or petition) shall be discharged or bonded by Tenant at Tenant's expense within ten (10) days after Tenant has notice thereof by the payment thereof or the filing of a Letter of Credit reasonably acceptable to Landlord. If Tenant shall fail to discharge any such mechanic's or materialman's lien, Landlord may, at its option, discharge such lien and treat the cost thereof (including reasonable attorneys' fees incurred in connection therewith) as additional rent payable with the next monthly installment of Base Rent falling due; it being expressly agreed that such discharge by Landlord shall not be deemed to waive or release the default of Tenant in not discharging such lien. Landlord reserves the right to change, increase or reduce, from time to time, the number, composition, dimensions or location of any parking areas, signs, the Building name, service areas, walkways, roadways or other common areas or make alterations or additions to the Premises Building, in its sole discretion provided, however, that if such changes (i) materially and Common Area adversely affect Tenant's use of the Premises, or attach the parking or affix any articles thereto common areas, or (ii) materially reduce the Building's level of common area finishes and services, Landlord shall not make such changes without Landlord’s Tenant's prior written consentapproval, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be 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 reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, made.

Appears in 1 contract

Samples: Commencement and Estoppel Agreement (E Spire Communications Inc)

Alterations. Following After the Commencement Occupancy Date, Tenant . Lessee shall not make any changes, additions, no alterations, installations, additions or additional improvements (hereinafter collectively called “Alterations”) in or additions to the Demised Premises and Common Area or attach or affix any articles thereto the Building without LandlordLessor’s prior written consent, consent except for those “Lessee’s Improvements approved by Lessor pursuant to section 9(B) above and which are installed pursuant to Exhibit B-2. Consent by Lessor to Lessee’s Alterations shall not be unreasonably withheld, conditioned except that Lessor may withhold its consent in its sole and absolute discretion with regard to requested Alterations by Lessee which affect the structure of the Building, or delayedthe mechanical, plumbing or electrical systems of the Building, or any common areas of the Building, or any exterior or interior architectural or visual aspects or parts of the Building, or any portion of the Demised Premises visible from the exterior of the Building, or any other tenant or tenants of the Building. Lessee, at its sole cost and expense, shall provide Lessor with such architectural or other plans as shall be deemed necessary by Lessor prior to performance of such Alterations, and after installation of such Alterations Lessee, at its sole cost and expense, shall provide Lessor with such revised as-built full-floor mechanical and electrical plans for the floor or floors on which the Alterations are to be made, as shall be deemed necessary by Lessor, to show Lessee’s Alterations. If any Alterations are made without the prior written consent of Lessor, Lessor may correct or remove the same, and Lessee shall be liable for any and all expenses incurred by Lessor in the performance of this work, plus fifteen percent (15%) of such expenses as an administrative cost to Lessor. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) Alterations shall be done only by Landlord or contractors or mechanics approved by Landlord, made in compliance with all laws and shall be regulations and at TenantLessee’s sole expense and expense, at such times and in such manner as Landlord Lessor may reasonably approvedesignate, and only by such contractors or mechanics as are approved in writing by Lessor. Any work Approval of contractors or mechanics by Lessor, shall be based, without limitation, upon the contractors or mechanics being properly licensed, bonded and insured, their financial posture, experience and past job performance. All Alterations to the Demised Premises, whether made by Lessor or Lessee, and whether at Lessor’s or Lessee’s expense, or the joint expense of Lessor and Lessee, shall be and remain the property of Lessor. Notwithstanding the foregoing, however, any Alterations, fixtures or any other property installed in the Demised Premises at the sole expense of Lessee, and which can be removed without causing material damage to the Demised Premises or the Building, shall be and remain the property of Lessee if (and only if) Lessee provides to Lessor a list of each such Alteration prior to the installation of such Alteration (as such may be approved by Landlord hereunder affecting Lessor), and if Lessee fails to list any such Alteration as aforesaid then Lessor shall have the Laboratory Premises may be performed, at Tenant’s option, by Tenant written notice to Lessee, to require Lessee to remove such Alteration at the expiration or its contractors earlier termination of this Lease or mechanics (to leave it in place as Lessor’s property at the expiration or earlier termination of this Lease. In the event Lessee removes any of these Alterations and the like, Lessee agrees, at Lessor’s election, to: i) to repair any damage to the Building caused by said removal and to restore the Demised Premises to a condition equal to that on the Occupancy Date; or ii) pay Lessor, as additional Rent, for all costs incurred by Lessor to undertake such repairs. Any replacements of any property or improvements of Lessor, whether made at Lessee’s expense or otherwise, shall be and remain the property of Lessor. If Lessor consents to the Alterations, Lessor, may elect to require Lessee to remove all or any part of the Alterations made by Lessee subsequent to the Occupancy Date at the expiration or earlier termination of the term of this Lease, such election which shall be reasonably approved indicated by Landlord), Lessor to the Lessee in writing at Tenantthe time Lessor consents to the Alterations. Removal of Lessee’s sole Alterations shall be at Lessee’s cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent , and Lessee shall, at its cost and expense, repair any damage to file or which has been filed against the Demised Premises and Common Area or the Building arising out caused by such removal. Lessee shall remove all of work done forLessee’s property at the expiration or earlier termination of this Lease, unless otherwise specified by Lessor, as set forth above. In the event Lessee does not remove Lessee’s property at the expiration or earlier termination of the Lease, such property shall become the property of Lessor. In the event Lessee fails to remove its property or the Alterations requested to be removed by Lessor on or before the expiration, or materials furnished to or on behalf of Tenantearlier termination, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice term of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to dischargeLease, bond over, or otherwise satisfy any then Lessor may remove such lien, Landlord may do so property and Alterations from the Demised Premises at TenantLessee’s expense, and Lessee hereby agrees to pay to Lessor, as additional Rent, the cost of such removal together with any and all damages which Lessor may suffer and sustain by reason of the failure of Lessee to remove the same. Said amount expended by Landlord, including reasonable attorneys’ fees, of additional Rent shall be paid due and payable upon receipt by Tenant within 10 days following Tenant’s receipt Lessee of a xxxx written statement of costs and damages from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeLessor.

Appears in 1 contract

Samples: Lease Agreement (Inphonic Inc)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, additions or improvements or additions to the Premises and Common Area that are structural in nature or attach exceed a cost of $25,000, except with Landlord's consent (not to be unreasonably withheld or affix delayed). Landlord may condition its consent to any articles thereto without Landlord’s such alterations on Tenant's agreement to remove any such alterations at its expense at the termination of the Lease Term, to restore the Premises to its condition prior written consentto such alterations, which and/or to repair any damage to the Premises resulting from such removal. Tenant shall also be responsible at its expense for any additional alterations to the Premises required by the Americans With Disabilities Act required as the result of the alterations made by Tenant. In addition, it shall not be unreasonably withheld, conditioned unreasonable for Landlord to withhold its consent to a proposed alteration if the making of such alteration will require Landlord to comply with land use or delayedbuilding code requirements at a cost in excess of $50,000.00. All alterationsshelves, improvementsbins, machinery, other personal property and additions trade fixtures installed by Tenant may be removed by Tenant before the expiration of the Term if Tenant so elects. In addition, paragraph A of Schedule 7.1 sets forth those items that constitute fixtures but that are important to Tenant's business and that Tenant may remove prior to the expiration of the Term if Tenant so elects. Paragraph B of Schedule 7.1 lists certain items that may be considered personal property but which Tenant agrees to leave in the Premises at the end of the Lease Term. If Tenant installs any item during the Lease Term that constitutes a fixture, Tenant may notify Landlord that upon Tenants election Tenant may remove the same. If Tenant elects to remove any items of property as permitted by this Section 7, Tenant shall repair any damage to the Premises resulting from such removal. In addition, Tenant shall, at the end of the Lease Term, remove those items of property identified on paragraph A of Schedule 7.1 (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord"Required Removal Items"), and shall be at Tenant’s sole expense and at repair any damage to the Premises resulting from the removal of such times and in Required Removal Items. To the extent that this Section 7 requires (or permits Landlord to require) any repair of damage to the Premises resulting from removal (as opposed to restoration of the Premises to its prior condition) such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which repair shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice consistent with the remainder of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors Tenant shall be dischargedentitled to reasonably mitigate cost and expense through patching, bonded overspot painting, and similar measures. All such work constituting new improvements or otherwise satisfied by Tenant within ten days following installations shall be accomplished in good workmanlike manner so as not to damage the earlier primary structure or structural qualities of the date Landlord receives (1) notice of intent to file a lien or (2) notice that building and other improvements on 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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madePremises.

Appears in 1 contract

Samples: 2 Lease Agreement (Spacelabs Medical Inc)

Alterations. Following the Commencement Date, Tenant Subtenant shall not make any changes, additions, alterations, additions or improvements or additions (collectively “Alterations”) to the Subleased Premises and Common Area or attach or affix any articles thereto without first obtaining the written consent of Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned withheld or delayed, and, if required by the Xxxxxxxxx, the written consent of Overlandlord. All alterationsLandlord shall, improvementsat no cost or expense to Landlord, and additions take all reasonable measures to obtain Overlandlord’s consent to any Alterations that require the consent of Overlandlord under the Xxxxxxxxx (including the Initial Alterations as hereinafter defined). If Overlandlord does not require Subtenant or Landlord to remove any such Alterations made by Subtenant upon the expiration or earlier termination of the term of the Xxxxxxxxx, then Subtenant shall not be obligated to remove such Alterations upon the expiration or earlier termination of the Term hereof. Landlord acknowledges that Subtenant has no obligation to remove any improvements or alterations existing in the Subleased Premises as of the Commencement Date. Subject to the terms and conditions of the Xxxxxxxxx and the terms of this Sublease, Subtenant shall have the right to perform the initial work in and to the Subleased Premises set forth in Exhibit D attached hereto (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) “Initial Work”). Such Initial Work shall be done only by Landlord or contractors or mechanics approved by Landlord, performed in a good and shall be at Tenant’s sole expense workmanlike manner and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at TenantSubtenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises , and Common Area 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 days following the earlier comply with all requirements of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to dischargeXxxxxxxxx and this Sublease and all requirements all federal, bond overstate and local laws, or otherwise satisfy any such lienrules, Landlord may do so at Tenant’s expenseregulations, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeordinances.

Appears in 1 contract

Samples: Sublease (Panacos Pharmaceuticals, Inc.)

Alterations. Following After construction of the Commencement DateBuilding by Landlord and completion of fixtures and interior improvements by Tenant, Tenant shall not make any changes, additions, alterations, improvements alterations in or additions to the Premises Building unless Tenant has obtained Landlord's written permission to do so, and Common Area subject to Tenant's not being in default hereunder and subject to furnishing Landlord with acceptable plans and specifications, the names and addresses of contractors, copies of contracts, necessary permits and indemnifications as requested by the Landlord and lien waivers as to any and all claims, costs, liabilities, and expenses which may arise in connection with said alterations or attach additions. As a further condition to Landlord's consent to said alterations or affix any articles thereto without Landlord’s prior written consentadditions, which Tenant shall advise all subcontractors, suppliers, materialmen, and laborers that they shall not have the right to file a Mechanic's Lien against the Building and property owned by the Landlord. Whether the Tenant furnished the Landlord the foregoing or not, the Tenant hereby agrees to hold the Landlord harmless from any and all liabilities of every kind and description which may arise out of or be unreasonably withheldconducted in any way with said alterations or additions. Before commencing any work in connection with alterations or additions, conditioned or delayed. All alterationsthe Tenant, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved if requested by Landlord, shall furnish the Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring the Landlord against any and all liabilities which may arise out of or be connected in any way with said additions or alterations. The Tenant shall be at Tenant’s sole expense pay the cost of all such alterations and at such times additions and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting also the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or decorating the Building arising out of work done foroccasioned by such alterations and additions. Upon completing any alterations or additions, or materials furnished to or on behalf of the Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended if requested by Landlord, including reasonable attorneys’ feesshall furnish the Landlord with contractors' affidavits and full and final waiver of lien and receipted bills covering all labor and material expended and used. All alterations and additions shall comply with all insurance requirements and with all relevant laws, ordinances, or regulations of municipalities, counties, state, or departments and agencies thereof. All alterations and additions shall be constructed in a good and workmanlike manner and only good grades of materials shall be used. All additions, excepting removable fixtures other than light fixtures, shall be paid become the Landlord's property and shall remain upon the Building at the termination of this Lease by lapse of time or otherwise without compensation or allowance or credit to the Tenant. If the Tenant does not remove the Tenant's fixed furniture, equipment, machinery, fixtures, and all other items of personal property of every kind and description from the Building prior to the end of the term, however ended, which the Tenant does not have the right to remove if it is in default hereunder, then Tenant shall conclusively presumed to have conveyed the same to the Landlord under this Lease as a bill xx sale without further payment or credit by Landlord to the Tenant. All structural changes made by Tenant within 10 days following shall be restored to their original condition at the Tenant’s receipt 's expense if Landlord so requests. Tenant's violation of any of the terms and conditions of this numbered paragraph 13 shall constitute a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madedefault hereunder.

Appears in 1 contract

Samples: Lease Agreement (Urosurge Inc)

Alterations. Following the Commencement Date, Tenant Additions and Improvements Lessee shall not make any changesalterations, additions, alterations, or improvements on or additions to the Premises and Common Area or attach or affix any articles thereto premises without Landlord’s prior first obtaining the written consentconsent of Lessor, which consent shall not be unreasonably withheld. Any work, conditioned or delayed. All alterations, improvementsperformed by Lessee shall be at Lessee's expense, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) Lessee shall be done only by Landlord or use contractors or mechanics first approved by LandlordLessor, which approval shall not be unreasonably withheld. All fixtures and all paneling, partitions, railing and like installations, installed in the premises at any time by Lessee shall, upon installation, become the property of Lessor and shall remain upon and be surrendered with the leased premises unless Lessor, by notice to Lessee no later than twenty days prior to the date fixed as the termination of the Lease, elects to relinquish Lessor's rights thereto and to have them removed by Lessee, in which event, the same shall be removed from the premises by Lessee on or before the expiration of the Lease, at Lessee's expense. Nothing contained in this provision shall prevent Lessee from removing all office furniture or machines, equipment, and trade fixtures customarily used in the business of the Lessee. Notwithstanding the foregoing, at the expiration of the term of this Lease, any alterations, additions or improvements shall be removed at Tenant’s sole expense Lessee's expense, if so requested by Lessor, and at Lessee shall repair and restore any damage to the leased premises or the building due to such times and in such manner as Landlord may reasonably approveremoval. Any Lessee agrees that all work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which performed under this Article 12 shall be reasonably approved by Landlord)in compliance with all applicable laws, at Tenant’s sole cost including all applicable laws, regulations, and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier codes of the date Landlord receives (1) notice City of intent to file a lien or (2) notice that Norwalk and any other governmental entity with jurisdiction over 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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madepremises.

Appears in 1 contract

Samples: Lease Agreement (Futech Interactive Products Inc)

Alterations. Following the Commencement DateExcept as provided herein, Tenant Subtenant shall not make any changes, additionsimprovements, alterations, improvements additions or additions changes (collectively, “Alterations”) in or to the Premises and Common Area or attach make changes to locks on doors or affix add, disturb or in any articles thereto way change any plumbing, mechanical, electrical, HVAC, life safety or other Building systems without Landlord’s obtaining the prior written consent, which consent of Master Landlord. Any Alterations must be done in full compliance with the provisions of the Master Lease and shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, made at Subtenant’s sole cost and additions to expense (including any review fees charged by Master Landlord under the Premises (other than the Laboratory PremisesMaster Lease) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by LandlordMaster Landlord (except as otherwise set forth in the Master Lease). All work with respect to any Alterations shall be performed in a good and workmanlike manner, shall be of a quality equal to or exceeding the then existing construction standards for the Building and shall be constructed in compliance with all plans approved by Master Landlord. Alterations shall be diligently prosecuted to completion to the end that the Premises shall be at Tenantall times a complete unit except during the period necessarily required for such work. All Alterations shall be made strictly in accordance with all applicable laws relating thereto, including all building codes and regulations and the Americans with Disabilities Act (the “ADA”). In furtherance of the foregoing Subtenant, at Subtenant’s sole expense cost and expense, shall make and complete any and all necessary alterations or upgrades to the Premises and/or the Building arising by reason of Subtenant’s Alterations in order to fully comply with the ADA and any life safety requirements applicable to the Premises and the Building. Subtenant, at such times its sole cost and expense, shall obtain any and all permits and consents of applicable governmental authorities in such manner as connection with all Alterations. Subtenant shall be liable to Sublandlord and Master Landlord may reasonably approve. Any work approved by Landlord hereunder affecting for the Laboratory Premises reasonable costs of any improvements to the Building (whether or not on the Premises) which may be performedrequired as a consequence of Subtenant’s Alterations. Sublandlord hereby reserves the right to require any contractor, subcontractor or materialsman working in or providing materials to the Premises to provide lien waivers and liability insurance covering the Alterations to the Premises in accordance with the terms of the Master Lease. 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 Premises and post appropriate notices to avoid liability to contractors or material suppliers for payment for any Alterations. All Alterations shall remain in and be surrendered with the applicable Premises Component as a part thereof at the applicable Expiration Date, without disturbance, molestation or injury, subject to Master Landlord’s rights under the Master Lease to require the removal of Subtenant’s Alterations that are Specialty Improvements and restoration of such Premises Component, which removal and restoration shall be performed by Subtenant in accordance with the Master Lease, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at TenantSubtenant’s sole cost and expense. Any mechanics or materialmanSubtenant shall request in accordance with Section 8.5 [Landlord’s lien for Property] of the Master Lease, and deliver to Sublandlord notice of, Master Landlord’s decision with respect to all Subtenant’s Alterations that are Specialty Improvements in each Premises Component at least seven (7) months prior to the applicable Expiration Date. Sublandlord in its sole and absolute discretion may deliver to Subtenant notice no less than six (6) months prior to each Expiration Date that Sublandlord elects to require Subtenant not to perform its removal and restoration obligations with respect to any Specialty Improvements within the applicable Premises Component, in which Landlord has received a notice of intent case Subtenant shall continue to file or which has been filed against maintain in accordance with this Sublease and the Master Lease such Specialty Improvements and surrender the same with the Premises and Common Area 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 days following the earlier Component as a part thereof as of the date Landlord receives (1) notice of intent to file a lien applicable Expiration Date, without disturbance, molestation or (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 expenseinjury, and such Premises Component to be restored to its condition prior to performance of such Alterations. In such event, all expenses to remove said Alterations and to so restore the amount expended by Landlord, including reasonable attorneys’ fees, Premises shall be paid by Tenant Subtenant. Notwithstanding anything herein to the contrary, Subtenant shall not be required to restore any alterations or other improvements within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, any Premises Component that were installed or additions, whether temporary or permanent in character, mademade therein prior to the Commencement Date thereof.

Appears in 1 contract

Samples: Service Agreement (Twilio Inc)

Alterations. Following the Commencement Date, Tenant shall not make or permit to be made any changesalteration, additionsmodification, alterations, improvements substitution or additions other change of any nature to the mechanical, electrical, plumbing, HVAC, and sprinkler systems within or serving the Leased Premises and Common Area or attach or affix any articles thereto without Landlord’s the prior written consent, consent of Landlord which shall not be unreasonably withheld. Tenant shall not make or permit any other improvements, conditioned alterations, fixed decorations, substitutions, or delayedmodifications, structural or otherwise, to the Leased Premises or the Office Building ("Alterations") without the prior written consent of Landlord, any such consent to also include the conditions under which the Alterations may be made. Alterations shall include, but not be limited to, the installation or modification of carpeting, walls, partitions, counters, doors, shelves, lighting fixtures, hardware, locks, ceiling, window, and wall covering. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) such Alterations shall be done only made at Tenant's sole expense, by Landlord or contractors or mechanics subcontractors approved by Landlord, and shall be at only after (i) Landlord (or Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed) has obtained, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors any necessary permits from governmental authorities and (ii) Tenant has submitted complete plans and specifications to Landlord with respect to the Alterations and Landlord has approved them. Landlord shall, at 3% of the improvement's cost expense, supervise the making of any Alterations by Tenant. If any mechanic's lien is filed against the Leased Premises of the Office Building for work or subcontractors materials furnished to Tenant, the lien shall be discharged, bonded over, or otherwise satisfied discharged by Tenant within ten (10) days following thereafter, solely at Tenant's expense, by either paying off or bonding the earlier lien. Should Tenant fail to discharge any lien with ten (10) days of its filing, Landlord shall have the right, but not the obligation, to discharge the lien at Tenant's expense. Tenant shall indemnify and hold Landlord harmless from all expenses (including attorneys' fees), liens, claims, or damage to persons, property, or the Office Building, which may arise from the making of any Alterations. Any Alterations made without the prior consent of Landlord may be corrected or removed by Landlord subject to Landlord providing tenant 30 days prior written notice of such planned action, and Tenant shall, on demand, pay the cost of the date Landlord receives (1) notice of intent removal as Additional Rent. The work relating to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond overany Alterations shall not interfere with, or otherwise satisfy cause annoyance to, any such lien, Landlord may do so at Tenant’s expense, and other tenants of the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvementsOffice Building or disrupt any access to, or additions, whether temporary or permanent in character, madeuse of the Common Areas.

Appears in 1 contract

Samples: Lease Agreement (Sideware Systems Inc)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additionsimprovements, alterations, improvements additions or additions installations in or to the Premises and Common Area or attach or affix any articles thereto (hereinafter referred to as the “Work”) without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, Along with any request for Landlord’s consent and additions before commencement of the Work or delivery of any materials to be used in the Work to the Premises (other than or into the Laboratory Premises) Facility, Tenant shall furnish Landlord with plans and Common Area (specifications, names and addresses of contractors, copies of contracts, necessary permits and licenses, and except when Landlord, its agent or affiliate is contractor, an indemnification in such form and amount as permitted may be reasonably satisfactory to Landlord. Tenant agree to defend and hold Landlord harmless from any and all claims and liabilities of any kind and description that may arise out of or be connected in any way with said improvements, alterations, additions or installations. All work done by Landlord in accordance with this Paragraph) Tenant, its agents, employees, or contractors shall be done only in such a manner as to avoid labor disputes. Tenant shall pay the cost of all such improvements, alterations, additions or installations, and also the cost of painting, restoring, or repairing the Premises and the Facility occasioned by such improvements, alterations, additions or installations. Upon completion of the Work, Tenant shall furnish Landlord with contractor’s sworn affidavits and full and final waivers of liens, or contractors or mechanics approved by Landlordreceipted bills covering all labor and materials expended and used. The Work shall comply with all insurance requirements and all laws, ordinances, rules and regulations of all governmental authorities and shall be at Tenantconstructed in a good and workmanlike manner. Tenant shall permit Landlord to inspect construction operations in connection with the Work. Tenant shall not be allowed, without Landlord’s sole expense and at reasonable approval, to perform such times and Work if such action results or would result in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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, labor dispute or otherwise satisfied by Tenant within ten days following the earlier would materially interfere withLandlord’s operation of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeFacility.

Appears in 1 contract

Samples: First (SoftBrands, Inc.)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions alterations to the Premises and Common Area or attach or affix any articles thereto other aspect of the Project, without Landlord’s 's prior written consent, which shall not be unreasonably withheld, conditioned or delayedconsent Landlord may withhold in its reasonable but subjective discretion. All permitted alterations must be performed in compliance with Landlord's standard rules and regulations regarding alterations, improvements, . All alterations will become the property of Landlord and additions to will remain upon and be surrendered with the Premises (other than at the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with end of the Term of this Paragraph) shall be done only by Landlord or contractors or mechanics approved by LandlordLease; provided, and shall be at Tenant’s sole expense and at such times and in such manner as however, Landlord may reasonably approve. Any work approved by Landlord hereunder affecting require Tenant to remove any or all alterations at the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier end of the date Landlord receives (1) notice Term of intent to file a lien or (2) notice that the lien has been filedthis Lease. If Tenant fails to discharge, bond overremove by the expiration or earlier termination of this Lease all of its personal property, or any alterations identified by Landlord for removal, Landlord may, at its option, treat such failure as a hold-over pursuant to Subparagraph 11(b) above, and/or Landlord may (without liability to Tenant for loss thereof) treat such personal property and/or alterations as abandoned and, at Tenant's sole cost and expense and in addition to Landlord's other rights and remedies under this Lease, at law or in equity: (a) remove and store such items; and/or (b) upon ten (10) days' prior notice to Tenant, sell, discard or otherwise satisfy dispose of all or any such lien, items at private or public sale for such price as Landlord may do so at Tenant’s expense, and the amount expended obtain or by Landlord, including other commercially reasonable attorneys’ fees, means. Tenant shall be liable for all costs of disposition of Tenant's abandoned property and Landlord shall have no liability to Tenant with respect to any such abandoned property. Landlord agrees to apply the proceeds of any sale of any such property to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid by Tenant within 10 days following to Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, made.

Appears in 1 contract

Samples: Exhibit 10 (Softlink Inc)

Alterations. Following the Commencement Date, (A) Tenant shall not make any changes, additions, alterations, improvements or alterations and additions to the Premises Tenant’s space except in accordance with plans and Common Area or attach or affix any articles thereto without specifications therefor first approved by Landlord’s prior written consent, which approval shall not be unreasonably withheld. However, conditioned Landlord’s determination of matters relating to aesthetic issues relating to alterations, additions or delayedimprovements 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 which (a) in Landlord’s opinion might 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 insurance or taxes on the Building 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, or (d) enlarge the Rentable Floor Area of the Premises. 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. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting additions, alterations or improvements which do not require Landlord’s consent), as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour for senior staff and $100.00 per hour for junior staff (not to exceed $2,000 in any instance), plus (ii) reasonable, actual third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. All alterations, improvements, alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. Except for any additions or alterations which Tenant requests to remain in the Premises in Tenant’s notice seeking Landlord’s consent for the installation thereof (other than the Laboratory Premiseswhich notice shall specifically refer to this Section 5.14) and Common Area (as permitted for which Landlord specifically agrees in writing may remain, all of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord in accordance with this Paragraph) shall be 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 to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Additional Building and other improvements to the Site and, except for installation of furnishings, shall be performed by contractors or workers first approved by Landlord, such approval not to be unreasonably withheld or delayed. 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 worker’s compensation insurance in statutory amounts covering all the contractor’s and subcontractor’s employees and commercial general liability insurance or comprehensive general liability insurance with a broad form comprehensive liability endorsement with such limits as Landlord may reasonably approve. Any work require, but in no event less than $2,000,000.00 combined single limit per occurrence on a per location basis (all such insurance to be written in companies approved by Landlord hereunder affecting and naming and insuring Landlord and Landlord’s managing agent as additional insureds and insuring Tenant as well as the Laboratory contractors), 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 may be performedpromptly after any such alterations, at improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s optioncomputer, 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, improvements and installations by Tenant hereunder 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 mechanics independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the Buildings or the Site and immediately to discharge any such liens which may so attach by payment, bond or otherwise. Notwithstanding the foregoing to the contrary, Tenant may contest, and need not discharge or bond any such lien while so doing, provided that: (which i) no action to foreclose any such lien has been brought in any judicial or quasi-judicial action, (ii) such contest shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics , (iii) such contest shall be by appropriate legal proceedings conducted in good faith and with due diligence, (iv) such contest will not materially and adversely interfere with the possession, use or materialman’s lien for which Landlord has received a notice occupancy or sale or financing of intent to file or which has been filed against the Premises and Common Area or the Building arising out or Complex, (v) such contest will not subject Landlord to any civil or criminal liability (other than for the amounts being contested), (vi) no Event of work done forDefault is then continuing and (vii) such contest will not cause Landlord or any affiliate of Landlord to be in violation of any agreement to which it is bound, or materials furnished to or on behalf of Tenantincluding, its contractors or subcontractors shall be dischargedwithout limitation, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeloan document.

Appears in 1 contract

Samples: Lease Agreement (Vistaprint LTD)

Alterations. Following the Commencement Date, Tenant shall Lessee agrees that it will not make or allow to be made any changes, additions, alterations, physical additions or improvements in or additions to the Leased Premises and Common Area or attach or affix without first obtaining the written consent of the Lessor. In any articles thereto without Landlord’s prior written instance where Lessor grants such consent, which shall Lessor may, among other things grant such consent upon the condition that Lessee's contractors, laborers and materialmen must work in harmony with and not be unreasonably withheld, conditioned interfere with any other work being conducted on behalf of Lessor or delayedany /s/ John Q. Hammons ---------------------------------------- Initials other tenant of the Building. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be 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 reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, improvements or additions, whether temporary or permanent in character, mademade by Lessor or Lessee in or upon the Leased Premises shall remain on and be surrendered with the Leased Premises pursuant to Section 11 below upon the expiration or sooner termination of this Lease, except Lessee shall, upon demand by Lessor, at Lessee's sole cost and expense, forthwith and with all due diligence remove all or any alterations, improvements or additions, including any wiring or cables, made or installed by Lessee which are designated by Lessor to be removed, and Lessee shall forthwith and with all due diligence, and at its sole cost and expense, repair and restore the Leased Premises to their original condition, reasonable wear and tear excepted. Lessee shall promptly pay to Lessee's contractors, when due, the cost of all such work and of all decorating required by reason thereof, and upon completion, deliver to Lessor, evidence of payment and waivers of all liens for labor, services or materials, and furthermore, Lessee shall defend and hold Lessor, the Leased Premises and the Building and the Property harmless from all costs, damages, liens for labor, services or materials relating to such work and defend and hold Lessor harmless from all costs, damages, liens and expenses, including, without limitation, reasonable attorneys' fees related thereto. The obligations of Lessee as set forth in this Section 10 shall survive the expiration or termination of the Lease Term of this Agreement.

Appears in 1 contract

Samples: Lease Agreement (Hammons John Q Hotels Lp)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, no alterations, additions or improvements or additions to the Premises (including, without limitation, roof and Common Area wall penetrations) or attach any part thereof without obtaining the prior written consent of Landlord in each instance. Such consent may be granted or affix withheld in Landlord's sole and absolute discretion. Landlord may impose as a condition to such consent such requirements as Landlord may deem necessary, in its sole and absolute discretion, including, without limitation that: (a) Landlord be furnished with working drawings before work commences; (b) performance and labor and material payment bonds in form and amount and issued by a company satisfactory to Landlord be furnished; (c) Landlord approve the contractor by whom the work is to be performed; (d) adequate course of construction and general liability insurance be in place and Landlord be named as an additional insured under the contractor's liability and property insurance policies; and (e) Landlord's instructions relating to the manner in which the work is to be performed and the times during which it is to be accomplished shall be complied with. All such alterations, additions or improvements must be performed in a good and workmanlike manner in compliance with all laws, rules and regulations, including, without limitation, the Americans with Disabilities Act of 1990, and diligently prosecuted to completion. Tenant shall deliver to Landlord upon commencement of such work a copy of the building permit with respect thereto, and a certificate of occupancy, if applicable, immediately upon completion of the work. All such work shall be performed so as not to obstruct the access to the premises of any articles thereto other tenant in the Building or Project. Should Tenant make any alterations without Landlord’s 's prior written consent, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, and additions to without satisfaction of any of the Premises (other than the Laboratory Premises) and Common Area (as permitted conditions established by Landlord in accordance conjunction with granting such consent, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Paragraph) shall be done only by Landlord Lease, at law or contractors in equity, to require Tenant to remove all or mechanics approved by Landlordsome of the alterations, and shall be additions or improvements at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s 's sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against restore the Premises and Common Area or to the Building arising out of work done forsame condition as existed prior to undertaking the alterations, or materials furnished if Tenant shall fail to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such liendo so, Landlord may do so cause such removal or restoration to be performed at Tenant’s expense, 's expense and the amount expended by Landlord, including reasonable attorneys’ fees, cost thereof shall be Additional Rent to be paid by Tenant within 10 days following immediately upon demand. Landlord shall have the right to require Tenant’s receipt of a xxxx from Landlord. All , at Tenant's expense, to remove any and all alterations, improvementsadditions or improvements and to restore the Premises to its prior condition upon the expiration or sooner termination of this Lease. Tenant shall notify Landlord in writing at least ten (10) days prior to the commencement of any such work in or about the Premises, and Landlord shall have the right at any time and from time to time to post and maintain notices of nonresponsibility in or additions, whether temporary or permanent in character, madeabout the Premises.

Appears in 1 contract

Samples: Industrial Lease Agreement (Quaker Fabric Corp /De/)

Alterations. Following (a) The Landlord shall have the Commencement Dateright to perform all Premises Work (as hereinafter defined) reasonably requested by Tenant, at Tenant’s expense under the conditions as defined in Section 12d below, during the Term of the Lease. Tenant understands and agrees that any work requiring a building permit will necessitate preparation of drawings and Tenant agrees to pay for same, including the cost of the building permit. The Landlord shall charge Tenant a fee equal to ten percent (10%) of the total cost of alterations in the event it elects to perform said work. In the event that Landlord does not elect to perform said Premises Work, then Tenant shall obtain Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed, prior to performing any Premises Work and shall use contractors that are reasonably acceptable to Landlord. Tenant shall provide such drawings, plans and specifications as are requested by Landlord in reviewing any such proposed improvements. If Landlord consents to such Premises Work, it shall be made at Tenant’s sole cost and expense and at such time and in such manner so as to not unreasonably interfere with the use and enjoyment of the Building by any other tenant. Tenant shall not make any changes, additions, alterations, improvements alteration,. addition or additions improvement to the Premises and Common Area Premises, whether structural or attach or affix any articles thereto nonstructural, without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned withheld or delayed. All alterationsTenant shall provide such drawings, improvements, plans and additions to the Premises (other than the Laboratory Premises) and Common Area (specifications as permitted are requested by Landlord in accordance with this Paragraph) reviewing any such proposed improvements. If Landlord consents to any such proposed alteration, addition or improvement, it shall be 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 reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), made at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice expense and at such time and in such manner as to not unreasonably interfere with the use and enjoyment of intent to file or which has been filed against the remainder of the Premises by any other tenant or other person. Landlord may, as a condition of granting its consent or approval hereunder, require Tenant to post such payment and Common Area or the Building arising out of work done forperformance bonds as Landlord deems reasonable to protect Landlord, 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expenseMortgagee, and the amount expended Premises. In making any alteration, addition or improvement to the Premises, Tenant shall use materials equal or exceeding in quality and kind the original construction, as certified by Landlord, including reasonable attorneys’ fees, shall be paid the architect who designed the Premises or by Tenant within 10 days following Tenant’s receipt of a xxxx from such other architect as is designated by Landlord. All such alterations, improvementsadditions and improvements shall be performed (a) in a good and workmanlike manner; (b) in accordance with all applicable laws and regulations, including but not limited to the ADA (Americans with Disabilities Act); (c) in accordance with all applicable insurance requirements and requirements of any Mortgagee; and (d) in accordance with the drawings, plans and specifications approved by Landlord. All work performed by Tenant shall be subject to Landlord’s inspection and approval to determine whether it complies with the requirements of this Lease. Prior to the commencement of any such work by Tenant, Tenant shall obtain all necessary endorsements to the insurance required by Section 22 hereof to be sure the same covers the performance of such work. Furthermore, Tenant shall defend, indemnify and hold harmless Landlord from and against any and all damages, losses or additions, whether temporary liability arising from such alterations or permanent in character, madeimprovements or the construction thereof by

Appears in 1 contract

Samples: Lease Agreement (First Mariner Bancorp)

Alterations. Following the Commencement Date, Tenant shall not make any changesAny alterations, additions, alterations, or improvements made by or additions on behalf of Tenant to the Premises and Common Area or attach or affix any articles thereto without (“Tenant-Made Alterations”) shall be subject to Landlord’s prior written consent, which may not be unreasonably withheld. Landlord shall have a reasonable obligation to approve minor alterations (interior, non- structural alterations that are less than $50,000 in cost) in or to the Premises requested by Tenant. Tenant shall cause, at its expense, all Tenant-Made Alterations to comply with Landlord’s insurance requirements and with Laws and shall construct at its expense any alteration or modification required by Laws as a result of any Tenant-Made Alterations. All Tenant-Made Alterations shall be constructed in a good and workmanlike manner by contractors reasonably acceptable to Landlord and only good grades of materials shall be used. Such contractors shall be required, at a minimum, to carry and maintain insurance in accordance with the standards and requirements set forth in Exhibit I attached hereto, and Tenant shall provide certificates of insurance evidencing compliance with such insurance requirements. Landlord has been apprised of and approves the following Tenant-Made Alteration concepts: installation of crane footings, additional toilets, paint booths, temperature-controlled rooms, charging stations and security cameras, however the plans and specifications for the same have not been provided to Landlord, and must still be reviewed and approved by Landlord before Landlord’s prior written consent shall be deemed provided, which approval shall not be unreasonably withheld. (it being acknowledged that Landlord’s rejection for changes that affect the building’s structural components shall never be deemed unreasonable). Whenever plans and specifications are required to be submitted to Landlord for approval, conditioned these plans and specifications must be (i) hand delivered to Landlord in plan sets with minimum sizing of 20” x 36” and, (ii) delivered digitally as well. Landlord shall have fifteen (15) days from the date of receipt of the plans and specifications to review the same and notify Tenant whether Landlord has approved or delayed. All alterationsrejected the plans and specifications, improvementsprovided (A) if Landlord rejects any such plans and specifications, Landlord shall provide Tenant with specific comments as to the elements of the plan or specifications that Landlord found objectionable, and additions (B) if Landlord does not provide any written notice within the fifteen (15) day period, Landlord shall be deemed to have approved the plans and specifications. Landlord may monitor construction of the Tenant-Made Alterations. Tenant shall reimburse Landlord for its reasonable out-of-pocket costs in reviewing plans and specifications and in monitoring construction. Landlord’s right to review plans and specifications and to monitor construction shall be solely for its own benefit, and notwithstanding anything to the Premises (other than contrary contained herein, Landlord’s approval of any plans and specifications submitted by Tenant pursuant to this Clause 13 or otherwise is not intended and shall not be deemed to constitute a representation, warranty or assurance of any kind that such plans and specifications and the Laboratory Premises) Tenant-Made Alterations shown thereon comply with applicable Laws or that the same are structurally sound and Common Area (as permitted by Landlord in accordance with this Paragraph) Tenant shall be done only by solely responsible for causing such compliance and for the quality and structural integrity of any Tenant-Made Alterations and Tenant acknowledges that it is not relying on any of the Landlord Parties for the same. Tenant shall provide Landlord with the identities and mailing addresses of all persons performing work or contractors supplying materials, prior to beginning such work, and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Law. Tenant shall furnish security or mechanics approved make other arrangements satisfactory to Landlord to assure payment for the completion of all work free and clear of liens and shall provide certificates of insurance with types of coverage and amounts reasonably required by Landlord, including a waiver of subrogation in favor of the Landlord Parties, from an insurance company satisfactory to Landlord, including a provision of additional insured status for the Landlord Parties, protecting Landlord against liability for all Claims including, but not limited to, personal injury or property damage during construction. Upon completion of any Tenant-Made Alterations, Tenant shall deliver to Landlord sworn statements setting forth the names of all contractors and subcontractors who did work on the Tenant-Made Alterations and final lien waivers from all such contractors and subcontractors in compliance with Nevada law. Upon surrender of the Premises, all Tenant-Made Alterations and any leasehold improvements constructed by Landlord shall be remain on the Premises as Landlord’s property without compensation to Tenant, except to the extent Landlord requires removal at Tenant’s sole expense of any such items or Landlord and at Tenant have otherwise agreed in writing in connection with Landlord’s consent to any Tenant-Made Alterations. Tenant shall repair any damage caused by the removal of such times Tenant-Made Alterations upon surrender of the Premises, provided that if Tenant’s removal and in such manner as restoration work would damage or otherwise affect the structure of the Premises or the Building, Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performedmay, at Tenant’s its option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord)elect to perform such removal restoration work, at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for , in which case Tenant shall reimburse Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madetherefor upon demand.

Appears in 1 contract

Samples: Mosaic Commerce Center Lease Agreement (Boxabl Inc.)

Alterations. Following Except for Tenant's Work (for which Landlord review and approval is required pursuant to Exhibit B) and installation of the Commencement Date"back-up" generator referred to above in Section 8(c), Tenant shall not before or during the Term make or suffer to be made any changes, additions, alterations, additions or improvements in or additions to the Premises and Common Area or attach or affix any articles thereto (herein collectively called "Alterations") without first obtaining Landlord’s prior 's written consent, which . Tenant shall submit detailed plans and specifications for the Alterations in connection with requesting Landlord's consent. Landlord's consent may be withheld in Landlord's sole discretion if the Alterations will affect the structure of the Building or the Building's systems; otherwise Landlord's consent shall not be unreasonably withheld. As a condition of approving the proposed Alterations, conditioned Landlord may require Tenant to agree to remove all or delayed. All alterations, improvements, any part of such Alterations on or before the Expiration Date and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted reimburse Landlord for any reasonable expenses incurred by Landlord in accordance with this Paragraph) reviewing the plans and specifications, including, without limitation, the reasonable costs of any outside consultants retained by Landlord. All Alterations shall immediately become Landlord's property and shall remain in the Premises at the end of the Term without compensation to Tenant unless Landlord conditioned its approval of such Alterations on Tenant's agreement to remove them, in which event Tenant shall by the Expiration Date remove such Alterations and restore the Premises to their condition prior to the installation of such Alterations. All Alterations shall be done only in a good and workmanlike manner, in compliance with all applicable Laws by Landlord or licensed contractors or mechanics approved by Landlord, and . Tenant shall be also comply with the provisions of Section 11 in connection with any Tenant Alterations it undertakes at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madePremises.

Appears in 1 contract

Samples: Lease (CTC Communications Group Inc)

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Alterations. Following Tenant may make interior, non-structural alterations in the Commencement DatePremises which do not affect building systems and which do not exceed Twenty-Five Thousand Dollars ($25,000) ("Permitted Alterations") without Landlord's consent. Tenant may not make alterations which are not Permitted Alterations ("Other Alterations") without Landlord's prior written consent or approval, which consent or approval shall not be unreasonably withheld, conditioned or delayed. All alterations made by Tenant shall be made at Tenant's sole cost and expense, including all costs and expenses incurred in obtaining any required governmental consents, permits or approvals. Tenant may perform all alterations with contractors and subcontractors of Tenant's own choosing. Landlord will cooperate with Tenant's efforts to obtain any governmental permits or approvals or consents required therefor. Prior to performing any Other Alterations, Tenant shall not make any changesfurnish Landlord with plans and specifications, additions, alterations, improvements or additions which shall be subject to the Premises and Common Area or attach or affix any articles thereto without Landlord’s 's prior written consentapproval, which shall not be unreasonably withheld, conditioned or delayed. All alterationsLandlord shall notify Tenant within ten (10) business days after receipt of such plans and specifications if Landlord does not approve of them and shall specify what it finds unacceptable. In such event, improvements, Tenant shall cause the plans and additions specifications to be revised to remove or correct the Premises (other than the Laboratory Premises) and Common Area (as permitted work not approved by Landlord and shall resubmit revised plans and specifications for approval. If the Landlord does not notify Tenant of its objections within ten (10) business days after receiving the plans and specifications, Landlord shall be deemed to have approved them. Tenant shall construct all alterations in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics the plans and specifications approved by Landlord, using new and shall be at Tenant’s sole expense and at such times first-class materials and in such manner as compliance with all applicable laws, rules, regulations and orders of governmental authorities. Tenant shall obtain and furnish Landlord may reasonably approve. Any work approved by Landlord hereunder affecting with copies of all certificates, permits and approvals relating to the Laboratory Premises alterations that may be performed, at Tenant’s option, required by Tenant any governmental authority for the issuance of a certificate of occupancy or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice other approval of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done forPremises, or materials furnished to by the local or on behalf national Board of Tenant, its contractors Fire Underwriters or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madesimilar bodies having jurisdiction.

Appears in 1 contract

Samples: Lease (Anc Rental Corp)

Alterations. Following the Commencement Date, Tenant shall agrees that it will not make any changesstructural alterations, improvements, additions, repairs, or changes to the interior or exterior of the Premises or non-structural changes to the exterior of the Building during the Term of this Lease without in each instance obtaining Landlord's prior written consent, which consent may be withheld in the sole and absolute discretion of Landlord. Tenant agrees that it will not make any non-structural alterations, improvements additions, repairs or additions changes to the Premises and Common Area or attach or affix any articles thereto interior of the Building, during the Term of this Lease, without in each instance obtaining Landlord’s 's prior written consent, which shall not be unreasonably withheld, conditioned withheld or delayed. Together with each request for consent, Tenant shall present to Landlord reasonably detailed plans and specifications for such proposed alterations, improvements, additions, repairs or changes; provided, however, approval of such plans and specifications by Landlord shall not constitute any assumption of responsibility by Landlord for their accuracy or sufficiency, and Tenant shall be solely responsible for such items. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) additions, repairs or changes shall be done only either by Landlord or contractors or mechanics approved by under the direction of Landlord, and shall be but at Tenant’s sole the expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant; provided, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lienhowever, Landlord may do so at Tenant’s expenseshall only engage contractors which are competitively prices and reasonably available to complete the proposed alterations, and the amount expended by Landlordimprovements, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlordadditions or changes. All alterations, improvements, or additions, whether temporary repairs or permanent changes made by Tenant, shall, unless Landlord gives notice to Tenant to remove the same, remain upon the Premises at the expiration or earlier termination of the Term of this Lease and shall become the property of Landlord immediately upon installation thereof. The same shall remain the property of Landlord (without any obligation of Landlord to pay compensation therefor) unless Landlord gives Tenant written notice to remove any or all of the aforesaid, in characterwhich event Tenant shall remove at Tenant's expense such of the same as may be specified in Landlord's notice to Tenant, madeand Tenant shall promptly restore the Premises to the same good order and condition as it was at the commencement of the Term of this Lease except (i) to the extent the Premises is not required to be repaired and/or maintained by Tenant, and (ii) damage by fire or other casualty. Should Tenant fail to do so, Landlord may do so, collecting, at Landlord's option, the cost and expense thereof from Tenant, as Additional Rent, within ten (10) business days of Landlord’s written demand therefor. Landlord consent shall not be required for non-structural alterations such as partitions, painting, decorating and alterations not exceeding Five Thousand Dollars ($5,000.00).

Appears in 1 contract

Samples: Lease Agreement (Vaccinogen Inc)

Alterations. Following the Commencement Date, Section 10.01 Tenant shall not make any changes, additions, no alterations, installations, additions or improvements (“Alterations”) in or additions to the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consent, and then only by contractors approved by Landlord. Tenant shall ensure that its contractors maintain labor harmony in the Building. All contractors shall be required to comply with Landlord’s construction rules in effect from time to time. Alterations of a purely decorative nature, such as painting or wallpapering, and which do not require a building permit shall not require Landlord’s approval, but shall be unreasonably withheld, conditioned or delayedrequired to comply with all other provisions of this Article 10. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) Alterations shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense (subject to the Tenant Allowance for the initial Tenant Improvements) and at such times and in such manner as Landlord may reasonably approvefrom time to time designate (or as specifically provided for in Exhibit D for the initial Tenant Improvements) and in full compliance with all applicable statutes, laws, codes, ordinance, rules and regulations and with all governmental authorities having jurisdiction thereof. Any work approved All Alterations made or affixed to the Building including the initial Tenant Improvements shall, if Landlord so elects, become the property of Landlord and remain upon, and be surrendered with the Premises at the termination of this Lease. Tenant shall remove Alterations including, without limitation, any initial Tenant Improvements designated by Landlord hereunder affecting the Laboratory Premises may to be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), removed at Tenant’s sole cost expense and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against shall restore the Premises and Common Area to the condition prior to the installation of such Alterations; provided, however, Tenant shall not be required to remove any Tenant Improvements unless they constitute Tenant Specialty Items (hereinafter defined in Article 29). Tenant shall correct or the Building arising out of work done for, or materials furnished replace any installation that causes damage to or on behalf failure of Tenant, its contractors any Building facility or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following service. In the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice event that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any correct such lieninstallation, Landlord may do make such correction and charge Tenant for the cost thereof. Any sums so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, Landlord shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madedeemed Additional Rent.

Appears in 1 contract

Samples: Lease (Cara Therapeutics, Inc.)

Alterations. Following the Commencement Date, Tenant shall not If Subtenant desires to make any changes, additions, alterations, improvements or additions modifications to the interior of the Subleased Premises during the Sublease Term (“Subtenant Alterations”) Subtenant shall make a written request for the Subtenant Alterations to Sublandlord and Common Area include site plans, drawings or attach or affix any articles thereto without Landlord’s prior written consentother information that may reasonably be requested by Sublandlord; provided, which however, that Subtenant shall not be unreasonably withheldrequired to seek Sublandlord’s approval of changes to paint, conditioned wall coverings and carpet for the Subleased Premises. Sublandlord may approve or delayeddeny the Subtenant Alterations in its sole discretion and shall provide written notice of its approval or denial to Subtenant. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted Subtenant Alterations approved by Landlord in accordance with this Paragraph) Sublandlord shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be made at TenantSubtenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics Subtenant shall not permit alterations in or materialman’s to the Subleased Premises unless and until proposed Subtenant Alterations have been approved by Sublandlord in writing as required by this Section 7.03. As a condition of such approval, Sublandlord may require Subtenant to remove the alterations and restore the Subleased Premises upon termination of this Sublease; otherwise, all such alterations shall at become a part of the realty and the property of Sublandlord, and shall not be removed by Subtenant. Subtenant shall ensure that all Subtenant Alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the original construction of the Subleased Premises. No person shall be entitled to any lien derived through or under Subtenant for which Landlord has received a notice any labor or material furnished to the Subleased Premises, and nothing in this Sublease shall be construed to constitute consent by Sublandlord to the creation of intent to file or which has been any lien. If any lien is filed against the Subleased Premises and Common Area for work claimed to have been done for or the Building arising out of work done for, or materials material claimed to have been furnished to Subtenant, Subtenant shall cause such lien to be discharged of record within thirty (30) days after filing. Subtenant shall indemnify Sublandlord from all costs, losses, expenses and attorneys’ fees in connection with any construction or alteration and any related lien. Subtenant shall indemnify Sublandlord from all costs, losses, expenses and attorneys' fees in connection with any construction or alteration for work performed by or on behalf of TenantSubtenant (except with respect to any such costs, its contractors losses, expenses or subcontractors shall be discharged, bonded overattorneys’ fees result from the acts or omissions of Sublandlord, or otherwise satisfied any affiliate of Sublandlord) and any related lien. Prior to commencing any Subtenant Alterations performed by Tenant within ten days following the earlier any contractor, Subtenant shall: (a) obtain all permits, licenses, and approvals required for Subtenant to perform such work; (b) deliver to Sublandlord (i) copies of the date Landlord receives such permits, licenses, and approvals and (1ii) notice of intent evidence reasonably satisfactory to file a lien or Sublandlord that Subtenant and/or Subtenant’s contractor has procured workers’ compensation, general liability, and personal and property damage insurance as Sublandlord may reasonably require; (2c) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy cause any such lienwork to be performed (i) in accordance with the plans approved by Sublandlord and (ii) in a good and workmanlike manner and in compliance with all applicable laws; (d) ensure that all contractors, Landlord may do so at Tenant’s expensesubcontractors, laborers, and suppliers performing work or supplying materials are paid in full; and (e) during the amount expended by Landlordperformance of Subtenant’s Alterations, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt observe and perform all of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeits obligations under this Sublease.

Appears in 1 contract

Samples: Sublease by And

Alterations. Following Provided that Subtenant submits reasonably detailed plans ----------- therefor to Sublandlord and to Primary Landlord and Triangle's Landlord at least fifteen (15) business days before the Commencement Datecommencement of construction, Tenant Subtenant shall not be entitled to make any changesinterior, additions, alterations, improvements or additions non-structural alterations to the Premises Sublease Space from time to time, including, without limitation, the removal or relocation of interior, non-load bearing walls and Common Area partitions. Subtenant shall make no structural or attach exterior changes or affix any articles thereto alterations to the Sublease Space without Landlord’s the prior written consentconsent of Primary Landlord, which Triangle's Sublandlord and Sublandlord. The consent of Sublandlord shall not be unreasonably withheld, conditioned withheld or delayed. All alterationsSubtenant shall, improvementsprior to the expiration or earlier termination of this Sublease, at its sole expense, restore the Sublease Space to the condition that existed prior to the making of any alterations made by Subtenant (ordinary wear and tear and any alterations consented to by Primary Landlord, Triangle's Sublandlord, and additions Sublandlord excepted, unless such restoration was a condition to such consent), if then requested to do so by Sublandlord, Triangle's Sublandlord, and Primary Landlord. This obligation of restoration shall expressly survive the Premises (other than expiration or earlier termination of this Sublease. Any work performed by Subtenant, or at its instance, in the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) Sublease Space shall be done only in good and workmanlike manner using materials of the same quality as used by the Primary Landlord or in constructing the building on the Property. Subtenant shall not, at any time, permit any work to be performed in the Sublease Space, except by duly licensed contractors or mechanics approved by Landlordartisans, each of whom must carry adequate workmen's compensation insurance, general public liability insurance, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed"all-risk" builders risk insurance, at Tenant’s option, by Tenant or its contractors or mechanics (certificates of which shall be reasonably approved by furnished to Primary Landlord), at Tenant’s sole cost Triangle's Sublandlord, and expenseSublandlord prior to commencement of any such work. Any mechanics or materialman’s lien for which Landlord has received a notice Subtenant shall keep the Sublease Space free and clear of intent to file or which has been filed against the Premises and Common Area or the Building all mechanic's liens arising out of any work done performed or alleged to be performed for or at the request of Subtenant or its agents or subtenants. Nothing contained in this Sublease shall constitute any consent or request by Primary Landlord, Triangle's Sublandlord, or Sublandlord, express or implied, for the performance of any labor or services, or the furnishing of any materials or other property in respect to the Sublease Space, or any part thereof, nor as giving Subtenant any right, power or authority to contract for, or materials furnished to permit the performance of, any labor or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded overservices, or otherwise satisfied by Tenant within ten days following the earlier furnishing of any materials or other property, in such fashion as would permit the date Landlord receives (1) notice making of intent to file any claim against the Primary Landlord, Triangle's Sublandlord, Sublandlord or their respective interests in the Property in respect thereof. In the event such work results in a claim of lien, Subtenant shall hold Primary Landlord, Triangle's Sublandlord, and Sublandlord harmless from such lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such claim of lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, made.

Appears in 1 contract

Samples: Trimeris Inc

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements alteration of or additions addition to the Demised Premises and Common Area or attach or affix any articles thereto without Landlord’s the prior written consentapproval of Landlord, which approval shall not be unreasonably withheld, conditioned withheld or delayed, except for interior, nonstructural alterations of a decorative nature that do not exceed more than $25,000 in the aggregate. All alterationsalterations performed in the Demised Premises by Tenant, improvementswhether or not requiring Landlord's consent, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be performed: (i) at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s 's sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises , (ii) by contractors and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended approved in advance in writing by Landlord, including reasonable attorneys’ feeswhich approval shall not be unreasonably withheld or delayed, and (iii) in a good and workmanlike manner and in accordance with all applicable laws and ordinances. For any alterations requiring Landlord's approval, Tenant shall first submit to Landlord, for Landlord's approval, detailed drawings, plans and specifications depicting such work. Tenant may not commence any such work unless Landlord has approved the plans therefor. All alterations to the Demised Premises by Tenant shall be the property of Tenant until the expiration or earlier termination of this Lease. Upon the expiration or earlier termination of this Lease, all such alterations shall remain at the Demised Premises and become the property of Landlord without payment by Landlord therefor, unless such alternations may be removed by Tenant without damage to the Premises. Notwithstanding the foregoing, Landlord, at Landlord's option, shall have the right to require that any or all of such alterations be paid removed upon the expiration or earlier termination of this Lease by Tenant within 10 days following providing written notice thereof to Tenant’s receipt of a xxxx from Landlord. All alterations, improvementsin which event Tenant, or additionsat Xxxxxx's sole cost and expense, whether temporary or permanent in character, madeshall remove such alterations and repair any resulting damage.

Appears in 1 contract

Samples: Retail Lease

Alterations. Following Tenant shall make no alterations, additions or improvements ("Alterations'', which term shall include Tenant's Work) to the Commencement DatePremises without the prior written consent of the Landlord, which consent Landlord shall not unreasonably withhold, condition or delay. All Alterations shall be made at Tenant's sole cost and expense (including the expense of complying with all Laws, including those regarding Hazardous Materials, if applicable, and the Americans With Disabilities Act of 1990, as heretofore amended and as amended from time to time (the "ADA") and Title 24 requirements), in a good and workmanlike manner, by a contractor reasonably approved by Landlord. Tenant, at Tenant's expense (or, at Landlord's election, Landlord at Tenant's expense) shall perform any work required to be performed in areas outside the Premises by reason of the Alterations. Tenant shall submit to Landlord, for Landlord's prior written approval, complete plans and specifications for all work to be done by Tenant. Such plans and specifications shall be prepared by responsible licensed architect(s) and engineer(s) reasonably approved in writing by Landlord, shall comply with all applicable Laws, shall not adversely affect the Base Building Components, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the approval thereof, and shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion. Tenant shall provide Landlord advance written notice of the licensed architect(s) and engineer(s) whom Tenant proposes to engage to prepare such plans and specifications. Landlord shall promptly notify Tenant in writing whether Landlord approves or disapproves such architect(s) and engineer(s). Landlord's approval or consent to any such work shall not impose any liability upon Landlord, and no action taken by Landlord in connection with such approval, including, without limitation, attending construction meetings of Tenant's contractors, shall render Tenant the agent of Landlord for purposes of constructing any Alterations. Tenant shall pay Landlord on demand prior to or during the course of construction of any Alterations an amount (the "Supervision Fee") equal to three percent (3%) of the total cost of such Alteration (and for purposes of calculating the Supervision Fee, such cost shall include architectural and engineering fees, but shall not include permit fees) as compensation to Landlord for Landlord's review of the plans and specifications for such Alterations and general oversight of the construction. In addition, Tenant shall not make reimburse Landlord within thirty (30) days after Landlord's written demand for Landlord's reasonable out of pocket expenses in connection with any changesAlterations, additionssuch as additional cleaning expenses, alterationsadditional security services, improvements or additions fees and charges paid to third party architects, engineers and other consultants for review of the Premises work and Common Area or attach or affix any articles thereto without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvementsthe plans and specifications with respect thereto, and additions for other miscellaneous out of pocket costs incurred by Landlord as result of the work. In addition, with respect to any Alterations expected to cost in excess of $200,000.00, Landlord, at its election, may require Tenant to obtain at Tenant's sole cost and expense a completion and lien indenmity bond, reasonably acceptable to Landlord for such Alterations. Any Alterations, including, without limitation, moveable partitions that are affixed to the Premises (other than the Laboratory Premisesbut excluding moveable, free standing partitions) and Common Area (all carpeting, shall at once become part of the Building and the property of Landlord. Except as permitted Landlord shall otherwise agree in writing as respects any particular Alterations, at Landlord's sole election any or all Alterations made for or by Landlord in accordance with this Paragraph) Tenant shall be done only removed by Landlord Tenant from the Premises at the expiration or contractors or mechanics approved by Landlord, sooner termination of this Lease and the Premises shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, restored by Tenant to their condition prior to the making of the Alterations, ordinary wear and tear and damage by casualty and condenmation excepted (provided that in the event of a casualty, Tenant shall assign to Landlord any insurance proceeds received by Tenant that are attributable to any Alterations that were constructed by Tenant utilizing Landlord's Allowance (or its contractors or mechanics (which shall be reasonably approved any other tenant improvement allowance provided by Landlord), to the extent such Alterations are not covered by Landlord's insurance); provided, however, that Tenant shall not be required to remove any Alterations that are of a type and quantity that would reasonably be installed by or for a typical tenant using space for general office purposes in a normal and customary manner; provided further, however, with respect to Alterations made hereunder, Landlord shall make such designation, if at all, concurrently with Landlord's approval (if applicable) of the subject Alteration or improvement or systems and equipment so long as Tenant’s sole 's request for approval shall state in bold face letters on the first page of the request for Landlord's consent the following language: "CONCURRENTLY WITH LANDLORD'S APPROVAL (IF APPLICABLE) OF THE ALTERATIONS DESCRIBED HEREIN, LANDLORD MUST ELECT, SUBJECT TO THE TERMS OF THE LEASE, WHETHER SUCH ALTERATIONS SHALL BE REQUIRED TO BE REMOVED BY TENANT." Notwithstanding the foregoing, Tenant shall have the right, without Landlord's consent, to make any Alteration that meets all of the following criteria (a "Cosmetic Alteration"): (a) the Alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work), (b) at least ten (10) days prior to commencement of work with respect to such Alteration, Tenant provides Landlord with plans with respect thereto or, if the Alteration is of such a nature that formal plans will not be prepared for the work, Tenant provides Landlord with a reasonably specific written description of the work, (c) such Alteration does not affect the Base Building Components or any structural components of the Building, and such Alteration is not visible from the exterior of the Premises, (d) the work will not decrease the value of the Premises, does not require a building permit or other governmental permit, uses only new materials comparable in quality to those being replaced and is performed in a workmanlike manner and in accordance with all Laws, (e) the work does not involve opening the ceiling of the Premises, (t) the work does not involve any Hazardous Materials other than incidental quantities of the same in normal and customary construction materials, such as paint, and (g) the total cost of the Alteration, including architectural and expenseengineering fees, if any, does not exceed Seventy­ Five Thousand Dollars ($75,000.00) (excluding costs of painting and carpeting, which may be done without regard to such Seventy-Five Thousand Dollars ($75,000.00) cap). Any mechanics Tenant hereby acknowledges that notwithstanding anything contained herein to the contrary, Landlord is not and shall not be deemed to be a "participating owner" with respect to any Alterations (including, without limitation, Tenant's Work). Prior to commencement of any work at the Premises, Tenant shall obtain from all contractors, subcontractors, laborers, materialmen, and suppliers performing work in the Premises for Tenant a writing or writings duly executed by authorized representatives of such contractors, subcontractors, laborers, materialmen, or suppliers containing the following language or substantially identical provisions: "Contractor acknowledges and agrees that it is performing a work of improvement on a Tenant's leasehold interest and agrees to limit any right to impose a mechanic's or materiahnan's lien to Tenant's leasehold interest. Contractor further agrees that the work of improvement is not being performed at Landlord's insistence, is not being performed for the benefit of Landlord or Landlord's ownership (fee) interest, and that Landlord is not directing Contractor's work. Contractor further agrees that Landlord is not participating in the work of improvement or in Tenant's enterprise. Contractor further agrees that it will provide Landlord with written notice of commencement of work within three (3) business days following commencement, so that Landlord may timely post a Notice of Non-Responsibility. Contractor waives and relinquishes the benefit of the "participating owner" doctrine as stated in California law, and further waives and relinquishes any right it may otherwise have had to impose any mechanic's or materialman’s 's lien for which Landlord has received a notice of intent to file or which has been filed against on Landlord's ownership interest in the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeproperty."

Appears in 1 contract

Samples: Sublease (Aerohive Networks, Inc)

Alterations. Following Tenant shall make no structural alterations, additions or improvements to the Commencement DatePremises, or add any lighting to the exterior of the Building, without Landlord's prior written approval, which approval shall not be unreasonably withheld or conditioned; provided however, that Landlord may withhold its approval in its sole and absolute discretion to a request from Tenant to any change of color of the exterior of the Building. Subject to the preceding sentence, Landlord shall review and approve in writing such drawings and plans submitted to Landlord for its approval within fifteen (15) days of submittal by Tenant. Failure of Landlord to either approve such plans and drawings, or to provide Tenant with Landlord's objections thereto, within five (5) days after written notice from Tenant that Tenant has not received any response to its submittal, shall be deemed approval of the plans and drawings as submitted. Notwithstanding the foregoing, Tenant may make non-structural alterations or improvements (as long as such improvements do not effect the exterior of Building) which do not require a building permit, and the total hard costs of which are less than $50,000.00 per occurrence. Prior to commencing any construction, Tenant shall obtain a valid building permit issued by the appropriate governmental agency. Upon termination of this Lease, any such structural alterations, and any additions, or improvements, including, without limitation, all electrical, lighting, plumbing, heating and air-conditioning equipment, doors, windows, partitions, drapery, carpeting, shelving, counters, and physically attached fixtures, but excluding Tenant's trade fixtures and affixed personal property, which are listed on the attached Exhibit I, shall at once become part of the realty upon which the Premises are located and belong to Landlord unless the terms of the Lease provide otherwise; or unless Landlord requests that certain of the structural additions, or alterations or improvements installed by Tenant be removed; provided however, that Tenant shall not make be required to remove any changesdropped ceilings, carpeting, ductwork, electrical wiring and plumbing, HVAC systems, restrooms or interior floor-to-ceiling walls. In such case, Tenant shall, at Tenant's sole cost and expense, promptly remove the specified structural additions, alterations, or improvements and repair and restore the affected portion of the Premises and Building to its or additions their original condition, including restoration of the Building to its original configuration and restoration of existing parking spaces removed by Tenant, reasonable wear and tear excepted. Exhibit I shall be amended from time to time to add any items which Tenant installs and which Landlord may request Tenant to remove in accordance with the provisions of this Section 5(b). Tenant shall give Landlord notice of its installation of such items within sixty (60) days of the installation thereof, and Exhibit I shall then be amended to include such additional items added to the Premises by Tenant, and Common Area or attach or affix Tenant and Landlord shall initial any articles thereto without Landlord’s prior written consent, which such changes to Exhibit I. Landlord shall not unreasonably withhold consent to any additions to Exhibit I. During construction of any improvements by Tenant, Tenant shall provide all security for its materials, offices, staging and construction parking areas, etc. Landlord shall have no responsibility for any of such items. Tenant shall also be unreasonably withheldresponsible for maintaining a safe construction area at the Park and offsite as well, conditioned including without limitation, keeping all public and private roadways and parking areas clean and safe; provided however that Tenant shall only have the obligation to perform clean up of those portions of public or delayedprivate roadways and parking which have been affected by Tenant's activities. All alterations, improvements, Tenant may remove any items of its personal property and additions equipment which are not affixed to the Premises (other than from time to time during the Laboratory Premises) Lease Term and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be 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 reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeOption Term.

Appears in 1 contract

Samples: Industrial Lease (Convera Corp)

Alterations. Following Except for the Commencement Date“Permitted Alterations”, Tenant Subtenant shall not make any changesalterations, additions, alterations, modifications or improvements or additions to the Subleased Premises and Common Area or attach or affix any articles thereto without Landlord’s the prior written consentconsent of Sublandlord. Any alterations to the Subleased Premises shall become the property of Sublandlord and Landlord and shall remain upon and shall be surrendered with the Subleased Premises at the termination or expiration of this Sublease, which shall not be unreasonably withheldwithout molestation or injury, conditioned unless Sublandlord and/or Landlord consents in writing to Subtenant’s removal of such alterations and thereupon, Subtenant repairs any damage or delayedinjury caused thereby in a good workmanlike manner. All alterations, improvementsadditions, modifications or improvements by Subtenant or the removal thereof, shall be free from all liens and additions encumbrances and shall be made in compliance with all applicable laws and regulations. Subtenant hereby agrees to defend, indemnify and hold harmless, Landlord, Sublandlord and its Affiliates (as hereinafter defined) from and against any such liens, encumbrances and violations of laws and regulations and any and all claims, suits, liabilities, damages, penalties, losses, costs or expenses (including attorney’s fees) which may be imposed upon, incurred by or asserted against Sublandlord and/or the Affiliates with respect thereto and the indemnity given hereby shall survive the termination or expiration of this Sublease. The term “Permitted Alterations” means those alterations made to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be 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 reasonably approvedescribed on Exhibit “__” attached hereto. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent Subtenant agrees to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished remove all Permitted Alterations prior to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier expiration of the date Sublease and return the premises to its original condition. Landlord receives (1) notice approved Permitted Alterations, provided Sublandlord causes Subtenant to remove Permitted Alterations prior to the expiration of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeSublease.

Appears in 1 contract

Samples: Sublease Agreement (Probe Manufacturing Inc)

Alterations. Following the Commencement Date, Tenant shall not make or suffer to be made any changes----------- alteration, additions, alterations, improvements addition or additions improvement to or of the Premises and Common Area or attach or affix any articles thereto part thereof (collectively referred to herein as "alterations") without Landlord’s (i) the prior written consentconsent of Landlord, which consent shall not be unreasonably withheld, conditioned (ii) a valid building permit issued by the appropriate governmental authority and (iii) otherwise complying with all applicable laws, regulations and requirements of governmental agencies having jurisdiction and with the rules, regulations and requirements of any board of fire underwriters or delayedsimilar body. Landlord's consent to any requested alteration shall not create on the part of Landlord or cause Landlord to incur any responsibility or liability for such alteration's compliance with all laws, rules and regulations of federal, .state, municipal, county and other governmental authorities. Any alteration made by Tenant (excluding moveable furniture and trade fixtures not attached to the Premises) shall at once become a part of the Premises and belong to Landlord. Without limiting the foregoing, all heating, lighting, electrical (including all wiring, conduit, outlets, drops, xxxx ducts, main and subpanels), air conditioning, partitioning, drapery, window covering and carpet installations made by Tenant, regardless of how attached to the Premises, together with all other alterations that have become an integral part of the building in which the Premises are a part, shall upon installation be and become part of the Premises and belong to Landlord and shall not be deemed trade fixtures. All alterations, improvements, such alterations shall remain upon and additions be surrendered with the Premises at the termination of the lease. If Landlord consents to the Premises (other than making of any alteration by Tenant, the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) same shall be done made by Tenant at its sole risk, cost and expense and only after Landlord's written approval of any contractor or person selected by Landlord or contractors or mechanics approved Tenant for that purpose. Tenant shall, if required by Landlord, and shall be secure at Tenant’s 's cost a completion and lien indemnity bond for such work. Upon the expiration or sooner termination of the term, Landlord may, at its sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performedoption, require Tenant, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s 's sole cost and expense, to promptly remove any such alteration made by Tenant and designated by Landlord to be removed, repair any damage to the Premises caused by such removal and restore the Premises to its condition existing prior to such alteration. Any mechanics moveable furniture and equipment or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against trade fixtures remaining on the Premises at the expiration or other termination of the term shall become the property of Landlord unless promptly removed by Tenant. If during the term any alteration, addition or change of the Premises is required by law, regulation, ordinance or order of any public authority, Tenant, at its sole cost and expense, shall promptly make the same. If during the term any alterations, additions or changes to the Common Area or to the Building arising out Project or building in which the Premises is located is required by law, regulation, ordinance or order of work done forany public or quasi-public authority, and it is impractical, in Landlord's judgment, for the affected tenants to individually make such alterations, additions or materials furnished to changes, Landlord shall make such alterations, additions or on behalf of Tenant, its contractors or subcontractors changes and the cost thereof shall be discharged, bonded over, or otherwise satisfied by a direct expense and Tenant within ten days following the earlier shall pay its percentage share of the date said cost to Landlord receives (1) notice of intent to file a lien or (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 expense, as provided in paragraphs 4 and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, made5.

Appears in 1 contract

Samples: Work Letter Agreement (Ebay Inc)

Alterations. Following the Commencement Date, Tenant Sublessee shall not make or cause, suffer or permit the making of any changesalteration, additionsaddition, alterationschange, improvements replacement, installation or additions addition (collectively “Alterations”) in or to the Premises and Common Area or attach or affix any articles thereto without Landlord’s unless it obtains the prior written consentconsent of Sublessor in each instance, provides Sublessor with copies of all applicable plans and specifications, and complies with all requirements of the Lease and all applicable Laws (as defined herein). Sublessor’s approval of Sublessee’s plans and specifications for any Alterations shall impose no responsibility or liability on the part of Sublessor for their completeness, design sufficiency, of compliance with all Laws (as hereinafter defined), including, but not limited to, the Americans with Disabilities Act, as amended, and all rules and regulations promulgated thereunder. Sublessee shall be solely responsible for any permits and licenses in order to complete the Alterations. Sublessor shall have no obligations whatsoever to make any repairs or Alterations to the Premises, any systems serving the Premises, or to any equipment, fixtures, or furnishings in the Premises, or to restore the Premises in the event of a fire or other casualty therein. Sublessee agrees to employ contractors and subcontractors who will guarantee to use first-class materials and workmanship and Sublessee shall not permit any lien to be placed on record with respect to any part of the Building, or the Subleased Premises for work or materials furnished or obligations incurred by or for Sublessee. Sublessee hereby agrees that if any such lien is filed on account of the acts of Sublessee, Sublessee shall discharge any such lien by payment, bond or otherwise, within ten (10) days of recordation of the same. Any Alterations completed by Sublessee shall be completed in accordance with all applicable insurance regulations and Laws (as hereinafter defined), including Environmental Laws (as defined herein) and Sublessee hereby agrees not to use any Hazardous Materials (as defined herein) for such Alterations, which shall include, however, not be unreasonably withheldlimited to, conditioned or delayed. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be 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 reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice use of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeasbestos containing materials.

Appears in 1 contract

Samples: Sublease Agreement (BigBand Networks, Inc.)

Alterations. Following the Commencement Date, Tenant shall not make or allow to be made any changes, additions, alterations, additions or improvements or additions to the Premises and Common Area Premises, or attach alterations, either at the inception of the Lease or affix any articles thereto subsequently during the Term, without Landlord’s obtaining the prior written consentconsent of Landlord, which consent shall not be unreasonably withheld. Tenant shall deliver to Landlord the contractor's name, conditioned references and state license number, and a certificate of insurance naming Landlord and Project as additional insureds, as well as full and complete plans and specifications of all such alterations, additions or delayedimprovements, and any subsequent modifications or additions to such plans and specifications, and no proposed work shall be commenced or continued by Tenant until Landlord has received and given its written approval of each of the foregoing. Landlord shall either approve or disapprove any proposed alteration, addition or improvement on or before thirty (30) days following receipt of all of the foregoing items. Landlord does not expressly or implicitly covenant or warrant that any plans or specifications submitted by Tenant are accurate, safe or sufficient or that the same comply with any applicable laws, ordinances, building codes, or the like. Further, Tenant shall indemnify and hold Landlord and the Building harmless from any loss, cost or expense, including attorneys' fees and costs, incurred by Landlord as a result of any defects in design, materials or workmanship resulting from Tenant's alterations, additions or improvements to the Premises. All alterations, improvementsadditions or improvements shall remain the property of Tenant until termination of the Lease, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved at which time they shall, unless otherwise elected by Landlord, by written notice to Tenant, be and become the property of Landlord. All manufacturing and processing equipment installed by Tenant shall remain the property of Tenant, and shall be removed at Tenant’s sole expense the end of the Term. Landlord may, as a condition to approval of any such alterations, additions or improvements, require Tenant to remove any partitions, counters, railings and/or other improvements installed by Tenant during the Term, and Tenant shall repair all damage resulting from such removal or, at Landlord's option, shall pay to Landlord all costs arising from such times removal. All repairs, alterations, additions and restorations by Tenant hereinafter required or permitted shall be done in a good and workmanlike manner and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performedcompliance with all applicable laws and ordinances, at Tenant’s optionbuilding codes, by Tenant by-laws, regulations and orders of any federal, state, county, municipal or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost other public authority and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice insurers of intent to file a lien or (2) notice that the lien has been filedPremises. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended required by Landlord, Tenant shall secure at Tenant's own cost and expense a completion and lien indemnity bond or other adequate security, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following without limitation an indemnity agreement from Tenant’s receipt of a xxxx from 's parent in form and substance reasonably satisfactory to Landlord. All Tenant shall reimburse Landlord for Landlord's reasonable charges (including any professional fees incurred by Landlord and a reasonable administrative fee as established by Landlord from time to time) for reviewing and approving or disapproving plans and specifications for any proposed alterations, improvements, or additions, whether temporary or permanent in character, made.

Appears in 1 contract

Samples: Letter Agreement (Eden Bioscience Corp)

Alterations. Following A. Landlord agrees to install at Landlord’s cost and expense the Commencement Dateimprovements described in Exhibit C. All other improvements to the Premises (“Alterations”) shall be installed at the cost and expense of Tenant, but only in accordance with plans and specifications which have been previously submitted to and reasonably approved in writing by Landlord, and only by Landlord or by contractors and subcontractors on Landlord’s list of approved contractors. In connection with any request for an approval of Alterations, Landlord may retain the services of an architect and/or engineer and Tenant shall reimburse Landlord for the reasonable fees of such architect and/or engineer. All Alterations shall be constructed in accordance with all governmental laws, ordinances, rules and regulations (“Laws”) and Tenant shall, prior to construction, provide such assurances to Landlord, including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to assure payment of the costs thereof and to protect Landlord against any loss from any mechanics’, laborers’, materialmen’s or other liens. At the time of completion of each Alteration, Tenant shall not make any changesdeliver to Landlord a set of final “as-built” plans. All Alterations shall be and remain the property of Tenant during the Term and Tenant shall, additionsunless Landlord otherwise elects, alterationsremove all Alterations and restore the Premises to its original condition by the date of termination of this Lease or upon earlier vacating of the Premises; provided, improvements however, that, if at such time Landlord so elects, such Alterations shall become the property of Landlord as of the date of termination of this Lease or additions to upon earlier vacating of the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consent, title shall pass to Landlord under this Lease as by a xxxx of sale. All such removals and restoration shall be accomplished in a good workmanlike manner by contractors approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, and additions ) so as not to damage the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be 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 reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeBuilding.

Appears in 1 contract

Samples: Lease Agreement (Mountains West Exploration Inc)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, additions or improvements (collectively, “Alterations”) in or additions to the Demised Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned withheld or delayed. All alterationsThe Work (as defined in the Work Letter attached as Exhibit D) is not considered Alterations and, improvements, and additions accordingly is not subject to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with terms of this Paragraph) Section 8.2. Tenant shall be done only by Landlord or utilize contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld or delayed. Tenant shall, before making any Alterations, 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 be at deliver promptly duplicates of all such permits, approvals and certificates to Landlord, and Tenant agrees to carry, and to cause Tenant’s sole expense contractors and at sub-contractors to carry such times workers’ compensation, general liability, personal and in such manner property damage insurance as Landlord may reasonably approverequire. Any work approved by Upon completion of any Alterations, Tenant shall deliver to Landlord hereunder affecting one set of “as-built” plans and specifications therefor. All fixtures and all paneling, partitions, railing and like Alterations, installed in the Laboratory Premises may be performedDemised Premises, at Tenant’s option, either by Tenant or its contractors by Landlord on Tenant’s behalf, shall become the property of Landlord and shall remain upon and be surrendered with the Demised Premises upon the expiration or mechanics earlier termination of the Lease, unless Landlord, by notice to Tenant given no later than 20 days prior to the Expiration Date of this Lease (or within 20 days after the earlier termination hereof), elects to have them removed by Tenant, in which event, the same shall be reasonably approved removed from the Demised Premises by Tenant. Notwithstanding the foregoing, at the time Tenant requests Landlord’s consent to a contemplated Alteration, Tenant may request that Landlord determine whether or not such Alteration will be required to be removed upon the expiration or earlier termination of this Lease. Upon receipt of such request from Tenant, Landlord shall notify Tenant at the time Landlord consents to such Alteration whether or not Landlord will require removal upon the expiration or earlier termination of this Lease. Nothing in this section shall be construed to give Landlord title to or to prevent Tenant’s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such equipment and fixtures from the Demised Premises or upon removal of other installations as may be required by Landlord), Tenant shall immediately and at its expense, repair and restore the Demised Premises to the condition existing prior to installation (subject to ordinary wear and tear) and repair any damage to the Demised Premises or the Property due to such removal. All property that was permitted or required to be removed by Tenant at the end of the Term but which remains in the Demised Premises for 10 days after Tenant vacates the Demised Premises shall be deemed abandoned and may, at Tenantthe election of Landlord, either be retained as Landlord’s sole cost and expense. Any mechanics property or materialman’s lien for which may be removed from the Demised Premises by Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, made.

Appears in 1 contract

Samples: Metropolitan Life (KMG America CORP)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions alterations to the Premises and Common Area which affect the structure of the Building or attach the mechanical, electrical or affix any articles thereto plumbing systems of the Premises, without Landlord’s prior written consent, which shall not be unreasonably withhelddelayed, conditioned or delayedwithheld. All Landlord may approve or disapprove such alterations, improvements, and additions to regulate the Premises (other than manner in which the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be 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 reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenantrequire, among other things, the use of contractors Landlord approves, require lien and completion bonds, and insurance, in such form and amount reasonably satisfactory to Landlord. Landlord’s optionconsent shall not be required for normal decorating or redecorating of the interior of the Premises, such as the painting of walls, the installation of wall or floor coverings or replacement of light fixtures; provided that such work does not impact the structure, plumbing, mechanical or electrical systems of the Building. Tenant shall promptly remove all debris from the Premises in the event alterations are performed by Tenant or at its contractors or mechanics (which direction. Tenant shall be reasonably approved by Landlord)provide Landlord with “as-built” plans, at Tenant’s sole cost copies of all construction contracts and expenseproof of payment for all labor and materials. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against Tenant shall keep the Premises and Common Area or the Building free from any liens arising out of work done forperformed, or materials furnished or obligations incurred by or for Tenant or, if any such lien is filed against the Premises, Tenant shall promptly bond over the lien to or on behalf the reasonable satisfaction of Landlord. Tenant shall reimburse Landlord for all costs and expenses, including attorneys’ fees, reasonably incurred by Landlord due to the filing and/or removal of such liens that are not satisfactorily bonded over. Tenant, its contractors or subcontractors ’s failure to pay such costs and expenses within ten (10) days after written demand shall be dischargeda default in the same manner as nonpayment of Rent and Landlord may pay or bond over such lien and charge the cost to Tenant as Additional Rent. However, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent shall have no obligation to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy remove any such lien, and Landlord may do so at Tenant’s expense, shall have no right to cause such removal in the event Tenant provides Landlord with security against the enforcement of such lien in an amount and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from manner reasonably acceptable to Landlord. All alterations, improvementsadditions or improvements made by either party upon the Premises, including floor coverings (except movable office furniture and trade fixtures installed at the Tenant’s expense), shall remain upon and be surrendered with the Premises at the termination of this Lease, without molestation or additionsinjury, whether temporary and shall thereupon become the property of Landlord; provided, however, that Landlord may designate by written notice to Tenant those alterations and additions which shall be removed by Tenant at the expiration or permanent in charactertermination of the Lease, madeand Tenant shall promptly remove the same and repair any damage (including screw holes, mollies, unmatched wallpaper or paint, etc.) to the Premises caused by such removal. If Landlord directs Tenant to remove any alterations from the Premises, including any specialty items installed by or at the request of Tenant, Tenant will remove such items at the end of the Lease term and restore the Premises to a good condition. In the event Landlord approves any alteration, Tenant shall:

Appears in 1 contract

Samples: Commercial Lease (Material Sciences Corp)

Alterations. Following the Commencement Date, Tenant shall not make any changesalterations, additions or improvements to the Premises without the prior obtained written consent of Landlord, which consent will not be unreasonably withheld or delayed. Landlord hereby grants its consent to the alterations set forth on Exhibit B. In no event shall any such alteration, addition, or improvement weaken the structure of or impair any Building on the Property. Any alteration, addition, or improvement to the said Premises shall be done in accordance with the applicable City or Township, County and State laws and ordinances, and building and zoning rules and regulations. Tenant hereby expressly assumes full responsibility for all damages and injuries which may result to any person or property by reason of or resulting from alterations, additions, alterations, or improvements or additions made by it to the Premises Premises, and Common Area or attach or affix shall hold Landlord harmless with respect thereto. Tenant shall procure and file a stipulation against liens and all releases and waivers from Mechanics Liens prior to commencement of any articles thereto without Landlord’s construction at the Property, and copies of said stipulations, releases and waivers shall be delivered to Landlord not later than forty-eight (48) hours prior written consent, which shall not be unreasonably withheld, conditioned or delayedto commencement. All alterations, improvementsshall remain on the Premises at the termination of the Lease and shall become the property of the Landlord, unless at the time the consent for the alteration was given by Landlord, the Landlord directed the alterations be removed at the termination of the Lease in which event they shall be removed and the Premises shall be returned, at the expense of Tenant, to its condition prior to the alteration. All machines, equipment, and additions supplies to be placed upon the Premises by the Tenant and not included on the plans and specifications for the Building shall remain the property of the Tenant and shall be removed by Tenant at the termination of the Lease; but the Tenant agrees to repair any damage to the Premises (other than caused by the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlordremoval of such machines, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done forequipment, or materials furnished supplies. Notwithstanding anything contained in this section to the contrary, prior written consent of Landlord shall not be required for any alteration or on behalf course of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant alterations made within ten days following the earlier of the date Landlord receives any one (1) notice calendar year that have an aggregate value of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeless than $10,000.

Appears in 1 contract

Samples: Mapquest Com Inc

Alterations. Following the Commencement Date, A. Tenant shall not make any changesalterations, additions or improvements to the Premises without the prior written consent of Landlord provided, however, Tenant may, without Landlord’s consent, make alterations which are non-structural in character, do not affect the Building systems, and the cost of which does not exceed $10,000.00 during the Term of this Lease (“Permitted Non-Structural Alterations”). Tenant, at its own cost and expense, may erect such shelves, racks, bins, machinery and trade fixtures as it desires. Notwithstanding the foregoing, the installation of such shelves, racks, bins, machinery, trade fixtures and Permitted Non-Structural Alterations shall be subject to the conditions that: (i) such items do not alter the basic character of the Premises or the Building and/or improvements of which the Premises are a part; (ii) such items do not overload or damage the Premises, the Building or such improvements; (iii) such items may be removed without injury to the Premises; and (iv) 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 Permitted Non-Structural Alterations, shelves, racks, 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 of the Premises by Tenant, at which time, subject to Paragraph 11, Tenant shall restore the Premises to their original condition, reasonable wear and tear excepted; notwithstanding the foregoing, Tenant shall not be required to remove (i) any Permitted Non-Structural Alterations, if prior to installation, Tenant obtains Landlord’s express written consent for such alterations to remain after termination; and (ii) the skylights and associated ductwork shown on the Plans (as defined in Exhibit “C”), if, prior to lease termination, Landlord provides Tenant with express, written consent to leave such in place. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the Building and other improvements situated on the Premises or additions of which the Premises are a part. Notwithstanding anything to the Premises contrary contained herein, it is agreed that the use of and Common Area access to the roof of the Building is expressly reserved to Landlord and is expressly denied to Tenant. Tenant shall not penetrate the roof of the Building in any manner, nor install or attach construct any alterations, additions or affix improvements thereon, nor otherwise use or occupy the roof at any articles thereto time during the Term hereof, without the Landlord’s prior written consent, which shall not may be unreasonably withheld, conditioned or delayed. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord withheld in accordance with this Paragraph) shall be 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 reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madediscretion.

Appears in 1 contract

Samples: Lease Agreement (Worldwater & Solar Technologies Corp.)

Alterations. Following the Commencement Date, (a) Tenant shall not make or allow any changesalterations, additions, alterations, or improvements or additions to the Premises and Common Area or attach or affix any articles thereto part of the Premises (collectively, Alterations), without Landlord’s 's prior written consent, which shall not be unreasonably withheld. Consent, however, may be conditioned on the receipt by, and approval of, Landlord of a set of plans and specifications for the alterations no later than thirty (30) days prior to the scheduled construction of the alterations as well as the use by Tenant of a contractor or delayedcontractors approved by Landlord. Landlord may withhold approval of any contractor which does not meet the qualifications requirements of any Landlord lender; including the requirement that such contractor employ union labor in accordance with the Labor Covenant (contained in Exhibit S). The installation of furnishings, fixtures, equipment, or decorative improvements, none of which shall affect operating systems or the structure of the Premises shall not constitute Alterations. All Alterations and any furnishings, fixtures, equipment, or decorative improvements remaining on the Premises after the termination or earlier expiration of this Lease shall immediately become Landlord's property and, at the termination or earlier expiration of this Lease, shall remain on the Premises without compensation to Tenant. Provided Landlord identifies such Alterations for possible removal at the time of Landlord's initial approval for installation, and further provided Landlord subsequently elects by notice to Tenant to have Tenant remove same at the end of the Term, then Tenant shall cause such removal and/or restoration to be done at Tenant's sole cost and expense and Tenant shall restore the portions of the Premises subject to such removal to the condition of as of the Commencement Date of this Lease. If Landlord requires Tenant to remove any Alterations and any furnishings, fixtures, equipment, or decorative improvements and Tenant fails to cause such removal and/or restoration on or prior to the termination or other earlier expiration of this Lease, such failure shall be deemed a holdover under Section 13(b) of this Lease, and in addition to any other damages owing Landlord under this Section, Tenant shall owe Holdover Rent (as hereinafter defined) for each and every day of such failure. All improvements, additions, alterations, and repairs and the removal and restoration thereof, if required under this Lease, shall be performed in accordance with all applicable laws and at Tenant's sole expense. Tenant will indemnify and defend Landlord for all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and additions repairs and the removal and restoration thereof, if required under this Lease. The foregoing notwithstanding, nothing in this Section 11 shall require Tenant to remove the Premises (other than the Laboratory Premises) and Common Area (as permitted initial Tenant Improvements installed by Landlord Tenant in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and the Approved Tenant Improvement Drawings as set forth in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeExhibit C.

Appears in 1 contract

Samples: Letter and Construction Agreement (Improvenet Inc)

Alterations. Following Licensee may at its sole cost and expense complete the Commencement DateAlterations generally described in Exhibit A to this License. Other than these improvements, Tenant Licensee shall not make or suffer to be made any changes, additions, alterations, additions or improvements (collectively “Alterations”) in on or additions to the Premises and Common Area or attach or affix any articles thereto without Landlord’s the prior written consentconsent of Licensor, which consent shall not be unreasonably withheld, conditioned withheld or delayed. All alterations, improvements, and additions Any Alterations Licensee is permitted to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) make shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be made at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at TenantLicensee’s sole cost and expenseexpense except as the parties may otherwise expressly agree in writing. Any mechanics Prior to commencement of construction of the Alterations, Licensee shall deliver to Licensor, and obtain Licensor’s approval of, a detailed construction plan for the Alterations at least thirty (30) days prior to the intended date of commencement of construction, which approval shall not be unreasonably withheld or materialman’s lien delayed. Prior to commencement of construction, Licensee shall also obtain and deliver to Licensor copies of all city, county, and/or other regulatory permits required for which Landlord has received a construction of the Alterations. Licensee shall keep the Premises fee and clear of all liens of any kind. Licensee shall give the Licensor at least ten (10) days’ prior written notice of intent commencement of any kind of work on Alterations, so that Licensor may post appropriate notices of non-responsibility, and Licensee hereby grants permission to file or Licensor to enter onto Premises for that purpose. Licensee at its cost shall provide to Licensor a performance bond equal to 125% of the total estimated cost of any proposed Alterations prior to commencement of work thereon. All work on Alterations shall be performed in a xxxxxxx like manner and shall comply with all applicable governmental permits, laws, ordinances and regulations, including, but not limited to, any procedures promulgated by Licensor. All work on Alterations shall be completed by contractors licensed in the State of California which has been filed against shall have in place prior to commencement of work the policies of insurance required of Licensee by Section 18 below, as evidenced by a certificate of insurance delivered to and approved by Licensor. Licensor shall have the right to enter onto the Premises and Common Area 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 days following the earlier inspect construction of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from LandlordAlterations during construction. All alterations, improvements, or additionsAlterations and fixtures, whether temporary or permanent in character, mademade in or upon or added to the Premises by Licensee shall be Licensor’s property at the end of the License Term without compensation to Licensee, subject to the provisions of Section 25 below.

Appears in 1 contract

Samples: Commercial License

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions alterations to the Premises and Common Area or attach or affix any articles thereto the Business Park without Landlord’s 's prior written consent. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the laws of the state in which shall not be unreasonably withheld, conditioned or delayedthe Premises are located. All alterationsalterations made by Tenant, improvements, and additions whether or not subject to the approval of Landlord, shall be performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within thirty (other than 30) days before or thirty (30) days after expiration of the Laboratory Term, elect to require Tenant to remove some or all of the alterations which Tenant may have made to the Premises) and Common Area (as permitted . If Landlord so elects, Tenant shall at its own cost restore the Premises to the condition designated by Landlord in accordance its election, before the last day of the Term or within thirty (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 this Paragraph) shall be done only a contractor approved by Landlord or contractors or mechanics 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 be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against keep the Premises free and Common Area clear of all mechanics' liens which may result from construction by Tenant. Provided, however, Landlord hereby consents to the Tenant's Improvements outlined on Exhibit Al hereto and will not require Tenant to remove these improvements at the expiration 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 days following the earlier termination of the date Landlord receives (1) notice of intent Lease. With respect to file a lien future alterations or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additionsTenant may request Landlord to determine, as part of their approval process, whether temporary or permanent in character, madenot they will require said alteration or improvement to be removed at the expiration or termination of the Lease.

Appears in 1 contract

Samples: Vina Technologies Inc

Alterations. Following Tenant, at its sole cost and expense, may make alterations to the Commencement Datepremises as needed for its intended use of the premises as a career institute school including but not limited to the construction and deletion of interior walls as depicted on Exhibit “B” which is attached hereto and made a part hereof and related appurtenances (e.g.: electrical outlets, doors, lighting, HVAC duct work) and installation of portable storm shelters as described in attached Exhibit “C”. Prior to commencing any construction of alterations or improvements at the premises, the Tenant shall not make any changes, additions, alterations, improvements or additions submit to the Premises Landlord plans and Common Area or attach or affix any articles thereto without Landlord’s specifications for the alterations and improvements to be made and shall obtain the prior written consentapproval of the Landlord, which approval shall not be unreasonably withheld. Tenant shall obtain the necessary permits for construction. Any alterations made by Tenant shall be performed in a good and workmanlike manner and comply with applicable legal requirements. Any alterations shall become part of the premises and subject to this lease. Landlord shall have the right to have its own design professional, conditioned contractor, or delayedagent observe the work to be performed at the premises. In addition, Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, improvementsadditions, improvements and additions partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and such alterations, additions, improvements and partitions shall, at the option of the Landlord, either (i) become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Premises Landlord with the premises, or (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraphii) shall be done only promptly removed by Landlord Tenant prior to the expiration or contractors or mechanics approved any earlier termination of the term of this lease (and upon any such removal Tenant shall restore the premises to their original condition. All shelves, bins, machinery and trade fixtures installed by LandlordTenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be at Tenant’s sole expense removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition. All such removals and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which restoration shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics accomplished in a good workmanlike manner so as not to damage the primary structure or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier structural qualities of the date Landlord receives (1) notice of intent to file a lien or (2) notice that building and other improvements situated on 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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madepremises.

Appears in 1 contract

Samples: Lease Agreement

Alterations. Following the Commencement Date, Tenant shall not make any changesno structural alterations, structural decorations, structural improvements or structural additions, in, on or around the interior or exterior of the Demised Premises, or remove its improvements which may become Landlord's property (hereinafter collectively referred to as "alterations"), improvements or additions to as hereafter provided, without first obtaining the Premises and Common Area or attach or affix any articles thereto without written consent of Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned after Tenant shall have submitted its final plans and specifications relating thereto. Such work must be performed in accordance with such drawings and specifications and by such contractors engaged by Tenant, approved in writing by Landlord and subject to all reasonable conditions which Landlord may impose, which shall not be unreasonably withheld. All such work shall be performed free and clear of all mechanic's and/or materialmen's liens and Landlord shall have no liability for, or delayedwhatsoever in connection with, the performance of such work, notwithstanding its consent to any plans and specifications or Tenant's contractor. Provided nevertheless that Landlord may at its option, pursuant to contracts approved by Tenant, which approval shall not be unreasonably withheld, at Tenant's expense, require that Landlord's designated contractors be engaged for any mechanical, electrical work or other work affecting the structure of the Building, including, without limitation, at any time and from time to time, repairs when same, in Landlord's opinion, are needed and periodic maintenance consistent with manufacturers' recommendations and/or requirements and in accordance with the recommendations and/or requirements specified by the installing mechanical engineer or contractor or any mechanical engineer retained or designated by Landlord. At Landlord's election, Tenant shall submit to Landlord's supervision over construction, shall provide Landlord upon request with financial assurances prior to the commencement of alterations, and, pursuant to contracts approved by Tenant, which approval shall not be unreasonably withheld, promptly pay to Landlord's or to Tenant's subcontractors as the case may be, when due, the cost of all such work and of all materials, labor and services involved therein. Tenant covenants that Tenant will not suffer or permit during Term hereof any mechanics' or other liens for work, labor, services or materials ordered by Tenant or for the cost of which Tenant may be obligated, pursuant to contracts approved by Tenant, which approval shall not be unreasonably withheld, to attach to Demised Premises, the Building or portion of the Project and that whenever and so often as any such liens shall attach or claims therefor shall be filed, Tenant shall within forty-five (45) days after Tenant has notice of the claim of lien, procure the discharge thereof. Tenant shall, at its own cost and expense, take out or cause to be taken out any additional insurance and payment and performance bonds reasonably required by Landlord to protect Landlord's and Tenant's interest during the period of, or otherwise with respect to, the alteration. At least five (5) days prior to the commencement of any work permitted to be done by Tenant, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for work so that Landlord may avail itself of the provisions of Colorado law. During any such work 6. on Demised Premises, Landlord shall have the right to inspect the Demised Premises at all reasonable times, and shall have the right to post thereon notices such as those provided for by Colorado law. All alterations, additions or improvements made by either party (except only moveable office furniture not attached to the Building and laboratory equipment, shelves, cabinets, animal cages, supplies and equipment), at the expense of either party, shall be deemed a part of the Building and the property of Landlord and shall remain upon and be surrendered with the Demised Premises as a part thereof without molestation, disturbance or damage at the termination or expiration of this Lease. Notwithstanding said ownership of such items, the Landlord may notify Tenant prior to the end of the term that it elects to have Tenant remove said additions, alterations, and improvements and restore the Demised Premises to the condition in which said Premises were prior to the making of such alterations, additions or improvements, reasonable wear and additions tear excepted, provided, however, that this shall not apply to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord tenant improvements constructed in accordance with this Paragraph) Exhibit B-2. In such event title to such items shall be done only pass to Tenant upon removal, but no express or implied warranties by Landlord relating to such property shall occur incidental to such transfer or contractors otherwise. This covenant includes the obligation to replace broken glass on or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant constituting a portion or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier component of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeDemised Premises.

Appears in 1 contract

Samples: Lease (Cell Pathways Inc)

Alterations. Following the Commencement Date, Tenant shall not may make any changes, additions, alterations, additions or improvements or additions to the Premises and Common Area or attach or affix Premises, including any articles thereto without Landlord’s Tenant's Improvements identified on attached Exhibit B (the “Alterations”), only with the prior written consentconsent of Landlord, which which, with respect to Alterations not affecting the structural components of the Premises or utility systems therein, shall not be unreasonably withheld, conditioned conditioned, or delayed. All alterationsLandlord shall have thirty (30) days in which to respond to Xxxxxx's request for any Alterations so long as such request includes the name of Xxxxxx's contractors and reasonably detailed plans and specifications therefor. The term “Alterations” shall not include the installation of shelves, improvementsmovable partitions, Tenant's equipment, and additions to trade fixtures that may be performed without damaging existing improvements or the structural integrity of the Premises, and Landlord's consent shall not be required for Tenant's installation or removal of those items. Tenant shall perform all work within the Premises (other than the Laboratory Premises) at Tenant's expense in compliance with all applicable laws and Common Area (as permitted by Landlord shall complete all Alterations in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics plans and specifications approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its using contractors or mechanics (which shall be reasonably approved by Landlord). Tenant shall pay, at Tenant’s sole cost and expense. Any mechanics when due, or materialman’s lien furnish a bond for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, payment (as set forth in Section 18) all claims for labor or materials furnished to or on behalf of Tenantfor Tenant at or for use in the Premises, its contractors which claims are or subcontractors may be secured by any mechanics' or materialmens' liens against the Premises or any interest therein. Tenant shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following remove all Alterations at the earlier end of the date Lease term unless Landlord receives (1) notice conditioned its consent upon Tenant leaving a specified Alteration at the Premises, in which case Tenant shall not remove such Alteration and it shall become Landlord's property. Tenant shall immediately repair any damage to the Premises caused by removal of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeAlterations.

Appears in 1 contract

Samples: Lease Agreement

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions alterations to the Premises and Common Area premises, including but not limited to installing aerials, lighting fixtures, dishwashers, washing machines, dryers or attach other items without first obtaining written permission from Landlord. Tenant shall not change or affix any articles thereto install locks, paint, or wallpaper said premises without Landlord’s prior written consent, which . Tenant shall not place placards, signs, or other exhibits in a window or any other place where they can be unreasonably withheldviewed by other residents or by the public. Landlord will not reimburse Tenant for any alterations done in violation of this section and/or without Landlord’s written consent. When Landlord so requests, conditioned Tenant must restore the premises to original condition immediately, or, with Landlord’s written permission, before the Lease end date. SMOKE ALARMS/DETECTORS & FIRE EXTINGUISHERS: Tenant shall not remove any battery from smoke detectors/alarms, or delayedin any other way interfere with the proper functioning of, or disable, said Devices or extinguishers. All alterationsTenant shall notify Landlord immediately of a malfunctioning detector/alarm or fire extinguisher. NOISE AND DISRUPTIVE ACTIVITIES: Tenant or their guests and invitees shall not disturb, improvementsannoy, and additions endanger or inconvenience other tenants of the building, neighbors, the Landlord or his agents, or workmen nor violate any law, nor commit or permit waste or nuisance in or about the premises. Tenant will be warned, after any first such disturbance or act, that any subsequent disturbance or act will result in eviction, except that any disturbance or act, domestic or otherwise, for which local or State Police have been called, will result in immediate notice of eviction with no warning required. Tenant agrees to the Premises (other than the Laboratory Premises) and Common Area (as permitted forfeit any security deposit held by Landlord if eviction action is for above such disturbances or acts. Further, Tenant shall not do or keep anything in accordance or about the premises that will obstruct the public spaces available to other residents. Lounging or unnecessary loitering on the front steps, public balconies or the common hallways that interferes with this Paragraph) shall be done only by Landlord the convenience of other residents is prohibited. PETS: No dog, cat, or contractors other four-legged pet or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises animal of any kind may be performed, at Tenant’s option, by Tenant kept on or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against about the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filedpremises. If Tenant fails is found to dischargebe in violation of this provision, bond overthen this lease will immediately become null and void and Tenant shall relinquish all rights to further occupancy of the premises. Tenant must receive written permission from Landlord to keep a bird or fish on premises. FURNISHINGS: No liquid filled furniture of any kind (water bed, or otherwise satisfy any such lien, Landlord etc.) may do so at Tenant’s expense, and be kept on the amount expended by Landlord, including reasonable attorneys’ fees, premises. ABANDONMENT: It shall be paid deemed a reasonable belief by the Landlord that an abandonment of the premises has occurred where rent has been unpaid for 30 consecutive days and Tenant within 10 days following Tenant’s receipt of a xxxx has been absent from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeunit for 30 consecutive days.

Appears in 1 contract

Samples: Lease Agreement

Alterations. Following the Commencement Date, Tenant Lessee shall not make any changes, additions, alterations, improvements or additions alterations to the Premises and Common Area or attach or affix any articles thereto other aspect of the Project, without LandlordLessor’s prior written consent, which Lessor may withhold in its reasonable but subjective discretion. No consent shall be required for painting or recarpeting the Premises, installing or modifying telecom communications facilities within the Premises, or for installing alterations which cost not in excess of $10,000 and do not affect the structure or systems of the Building. All permitted alterations must be performed in compliance with Lessor’s standard rules and regulations regarding alterations. All alterations will become the property of Lessor and will remain upon and be surrendered with the Premises at the end of the Term of this Lease; provided, however, that at the expiration or earlier termination of this Lease Lessee shall remove all alterations which Lessor, at the time of granting its consent, elected by notice to Lessee to have Lessee remove. Lessor acknowledges that Lessee shall not be unreasonably withheldobligated to remove any of the tenant improvements outlined on Exhibit C. If Lessee fails to remove by the expiration or earlier termination of this Lease all of its personal property, conditioned or delayed. All alterationsany alterations identified by Lessor for removal, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be 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 reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performedLessor may, at Tenant’s its option, by Tenant or its contractors or mechanics treat such failure as a hold-over pursuant to Subparagraph 11(b) above, and/or Lessor may (which shall be reasonably approved by Landlord)without liability to Lessee for loss thereof) treat such personal property and/or alterations as abandoned and, at TenantLessee’s sole cost and expensein addition to Lessor’s other rights and remedies under this Lease, at law or in equity: (a) remove and store such items; and/or (b) upon ten days, prior notice to Lessee, sell, discard or otherwise dispose of all or any such items at private or public sale for such price as Lessor may obtain or by other commercially reasonable means. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors Lessee shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier liable for all costs of the date Landlord receives (1) notice disposition of intent Lessee’s abandoned property and Lessor shall have no liability to file a lien or (2) notice that the lien has been filed. If Tenant fails Lessee with respect to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenantabandoned property. Lessor agrees to apply the proceeds of any sale of any such property to any amounts due to Lessor under this Lease from Lessee (including Lessor’s expense, and the amount expended by Landlord, including reasonable attorneys’ feesfees and other costs incurred in the removal, shall storage and/or sale of such items), with any remainder to be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeto Lessee.

Appears in 1 contract

Samples: Office Lease (Ign Entertainment Inc)

Alterations. Following the Commencement Date, Tenant shall not make or permit any changes, additions, alterations, decorations, additions or improvements of any kind or additions nature to the Premises and Common Area or attach the Project, whether structural or affix any articles thereto nonstructural, interior, exterior or otherwise (“Alterations”) without Landlord’s the prior written consentconsent of Landlord, which shall said consent not to be unreasonably withheld. Landlord may impose any reasonable conditions to its consent, conditioned or delayed. All alterationsincluding, improvements, without limitation: (i) delivery to Landlord of written and additions unconditional waivers of mechanic’s and materialmen’s liens as to the Project for all work, labor and services to be performed and materials to be furnished, signed by all contractors, subcontractors, materialmen and laborers participating in the Alterations; (ii) prior approval of the plans and specifications and contractors) with respect to the Alterations and any other documents and information reasonably requested by Landlord; (iii) supervision by Landlord’s representative of the Alterations; and (iv) proof of worker’s compensation insurance and commercial general liability insurance in such amounts and meeting such requirements as requested by Landlord. The Alterations shall conform to the requirements of Landlord’s and Tenant’s insurers and of the federal, state and local governments having jurisdiction over the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord shall be performed in accordance with the terms and provisions of this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times Lease and in such a good and workmanlike manner befitting a first class office building. If the Alterations are not performed as herein required, Landlord may reasonably approve. Any work approved by Landlord hereunder affecting shall have the Laboratory Premises may be performedright, at TenantLandlord’s option, by to halt any further Alterations, or to require Tenant to perform the Alterations as herein required or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against require Tenant to return the Premises to its condition before such Alterations. Subject to Section 12.4 herein, all Alterations and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additionsfixtures, whether temporary or permanent in character, mademade in or upon the Premises either by Tenant or Landlord, will immediately become Landlord’s property and, at the end of the Term will remain on the Premises without compensation to Tenant, Notwithstanding the foregoing. Tenant shall have the right, without Landlord’s consent, to perform in the Premises nonstructural Alterations, provided such Alterations (i) do not affect the Building’s mechanical, electrical, plumbing, HVAC or fire, life safety systems; (ii) such Alterations do not increase the Building assessed value for tax purposes; (iii) such Alterations do not alter the architectural integrity of the Building; (iv) such Alterations do not require a building permit; (v) such Alterations are not visible from the exterior of the Premises; (vi) the cost of such Alterations do not exceed $20,000.00 in any one Calendar Year; and (vii) Tenant has provided Landlord with prior written notice of such Alterations.

Appears in 1 contract

Samples: Office Lease (Wells Real Estate Investment Trust Ii Inc)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions alterations to the Premises and Common Area or attach or affix any articles thereto the Business Park without Landlord’s prior written consent, which consent shall not be unreasonably withheld. Tenant may make non-structural alterations costing less than $15,000 per event without Landlord’s consent. Regardless of whether Landlord’s consent for alteration is required, conditioned or delayedTenant must provide Landlord at least fifteen (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 laws of the state in which the Premises are located. All alterationsalterations made by Tenant, improvements, and additions whether or not subject to the approval of Landlord, shall be performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within thirty (other than 30) days before or thirty (30) days after expiration of the Laboratory Term, elect to require Tenant to remove some or all some or all of the alterations which Tenant may have made to the Premises) and Common Area (as permitted . If Landlord so elects, Tenant shall at its own cost restore the Premises to the condition designated by Landlord in accordance its election, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. If requested by Tenant at the time of Tenant’s request for approval of alterations or improvements, Landlord shall advise Tenant in writing whether Landlord shall require Tenant to remove some or all of said alterations or improvements upon expiration or termination of the Lease. Should Landlord consent in writing to Tenant’s alteration of the Premises, Tenant shall contract with this Paragraph) shall be done only a contractor approved by Landlord or contractors or mechanics 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 be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against keep the Premises free and Common Area or the Building arising out clear of work done for, or materials furnished to or on behalf of all mechanics’ liens which may result from construction by Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, made.

Appears in 1 contract

Samples: Pixelworks Inc

Alterations. Following the Commencement Date, Tenant shall not make any changesnot, additions, alterations, improvements or additions to the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consent, permit any alteration, improvement, addition or installation in or to the Premises (all of which is collectively referred to as “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, Work shall be performed by contractors and subcontractors that meet the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. All alterationsWork shall comply with Landlord’s reasonable requirements and Building standards, improvementsas well as any and all applicable municipal building codes and other applicable laws. Tenant shall pay the cost of preparation of the plans for the Work; all permit fees and the fees of said contractors and subcontractors. Except with respect to the Work described in the Work Letter, if any, Tenant shall pay to Landlord a construction management fee equal to five percent (5%) of the total cost of such Work. Before commencement of any Work or delivery of any materials into the Premises or the Building, Tenant shall furnish to Landlord, for its prior written approval, architectural plans and specifications certified by a licensed architect or engineer reasonably acceptable to Landlord, and additions 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. 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 to be held in escrow by Landlord to assure prompt payment for the cost of any such Work and to require Tenant’s contractors to evidence workers compensation, general liability and other insurance coverage, as reasonably required by Landlord. Prior to the commencement of any work in or about the Premises, Tenant shall provide to Landlord a minimum of fifteen (15) days’ prior written notice, post the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord with a notice of non-responsibility in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics a form approved by Landlord, and shall be at Tenant’s sole expense take such other actions as are required to avail itself and at such times Landlord of any statutory protections offered by the laws and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice statutes of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from LandlordIllinois. All alterations, improvements, additions and installations to or additions, whether temporary or permanent in character, madethe Premises at Landlord’s election shall become part of the Premises at the time of installation.

Appears in 1 contract

Samples: Office Lease

Alterations. Following the Commencement DateExcept as permitted under Section 12, supra, Tenant shall agrees that it will not make any changesalterations (whether structural or otherwise), improvements, additions, alterationsrepairs, improvements or additions changes to the interior or exterior of the Premises and Common Area or attach or affix any articles thereto during the Term of this Lease without in each instance obtaining Landlord’s prior written consent. Together with each request for consent, which Tenant shall present to Landlord reasonably detailed plans and specifications for such proposed alterations, improvements, additions, repairs or changes; provided, however, approval of such plans and specifications by Landlord shall not constitute any assumption of responsibility by Landlord for their accuracy of sufficiency, and Tenant shall be unreasonably withheld, conditioned or delayedsolely responsible for such items. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) additions, repairs, or changes shall be done only either by Landlord or contractors or mechanics approved by under the direction of Landlord, and shall be but at Tenant’s sole the expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary repairs, or permanent changes made by Tenant, shall, unless Landlord gives notice to Tenant to remove the same, remain upon the Premises at the expiration or earlier termination of the Term of this Lease and shall become the Property of Landlord immediately upon installation thereof. The same shall remain the property of Landlord (without any obligation of Landlord to pay compensation therefor) unless Landlord gives Tenant written notice to remove any or all of the aforesaid, in characterwhich event Tenant shall remove at Tenant’s expense such of the same as may be specified in Landlord’s notice to Tenant, madeand Tenant shall promptly restore the Premises to the same good order and condition as it was at the commencement of the Term of this Lease except (i) to the extent the Premises is not required to be repaired and/or maintained by Tenant and (ii) damage by fire or other casualty to the extent there is actually paid to Landlord, to repair any damage to the Premises, sufficient net proceeds for policies of insurance which Tenant is obligated to provide and to maintain under the provisions of this Lease. Should Tenant fail to do so, Landlord may do so, collecting, at Landlord’s option, the cost and expense thereof from Tenant, as Additional Rent, upon demand. Notwithstanding anything above, in Section 17 or elsewhere in this Lease to the contrary, Landlord hereby permits Tenant to remove at the end of the lease term, and as long as Tenant is not then in default or breach of any material provision in this Lease, any non-structural improvements, provided that Tenant and/or any Subtenant shall in each and every instance of removal reasonably repair and restore the Premises to its functional shell condition.

Appears in 1 contract

Samples: Lease Agreement (Osiris Therapeutics, Inc.)

Alterations. Following the Commencement Date, Tenant Sublessee shall not make any changes, additions, no alterations, additions or improvements or additions to the Premises (including, without limitation, roof and Common Area wall penetrations) or attach any part thereof without obtaining the prior written consent of Sublessor and Landlord in each instance. Such consent may be granted or affix withheld in Sublessor and/or Landlord's sole and absolute discretion. Sublessor and/or Landlord may impose as a condition to such consent such requirements as Sublessor and/or Landlord may deem necessary, in its sole and absolute discretion, including, without limitation that: (a) Sublessor and/or Landlord be furnished with working drawings before work commences; (b) performance and labor and material payment bonds inform and amount and issued by a company satisfactory to Sublessor and/or Landlord be furnished; (c) Sublessor and/or Landlord approve the contractor by whom the work is to be performed; (d) adequate course of construction and general liability insurance be in place and Sublessor and Landlord be named as additional insureds under the contractor's liability and property insurance policies; and (e) Sublessor's and Landlord's instructions relating to the manner in which the work is to be performed and the times during which it is to be accomplished shall be complied with. All such alterations, additions or improvements must be performed in a good and workmanlike manner in compliance with all laws, rules and regulations, including, without limitation, the Americans with Disabilities Act of 1990, and diligently prosecuted to completion. Sublessee shall deliver to Sublessor and Landlord upon commencement of such work, a copy of the building permit with respect thereto, and a certificate of occupancy, if applicable, immediately upon completion of the work. Should Sublessee make any articles thereto alterations without Sublessor's and/or Landlord’s 's prior written consent, which or without satisfaction of any of the conditions established by Sublessor and/or Landlord in conjunction with granting such consent, Sublessor and/or Landlord shall not be unreasonably withheldhave the right, conditioned in addition to and without limitation of any right or delayed. All remedy Sublessor and/or Landlord may have under this Sublease, at law or in equity, to require Sublessee to remove all or some of the alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be improvements at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s Sublessee's sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against restore the Premises and Common Area or to the Building arising out of work done forsame condition as existed prior to undertaking the alterations, or materials furnished if Sublessee shall fail to do so, Sublessor and/or Landlord may cause such removal or on behalf of Tenant, its contractors or subcontractors restoration to be performed at Sublessee's expense and the cost thereof shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent Additional Rent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from LandlordSublessee immediately upon demand. All Sublessor and/or Landlord shall have the right to require Sublessee, at Sublessee's expense, to remove any and all alterations, improvementsadditions or improvements and to restore the Premises to its prior condition upon the expiration or sooner termination of this Sublease. Sublessee shall notify Sublessor and/or Landlord in writing at least ten (10) days prior to the commencement of any such work in or about the Premises, and Sublessor and/or Landlord shall have the right at any time and from time to time to post and maintain notices of non-responsibility in or additions, whether temporary or permanent in character, madeabout the Premises.

Appears in 1 contract

Samples: Sublease (Blue Holdings, Inc.)

Alterations. Following the Commencement Date, Tenant shall Licensee may not make any changes, additions, alterations, additions or improvements or additions to the Premises and Common Area or attach or affix any articles thereto Licensed Areas without Landlord’s prior written consentthe consent of Licensor, which consent Licensor shall not unreasonably withhold or delay. For the avoidance of doubt, if the Lease requires that Landlord (as such term is defined within the Lease) must approve and consent to a proposed alteration, Licensor's withholding and/or delay of consent on such basis shall not be unreasonably withheldconsidered unreasonable. For the further avoidance of doubt, conditioned or delayed. All alterations, improvements, and additions Licensor’s requiring that Licensee deposit with Licensor an amount equal to one hundred twenty five percent (125%) of the Premises (other than the Laboratory Premises) and Common Area cost (as permitted reasonably estimated by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenantan architect of Licensor’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performedchoosing, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at TenantLicensee’s sole cost and expense) to remove and restore the alterations, additions or improvements (an “Alteration Deposit”) shall not be considered unreasonable in connection with the withholding of consent for any alteration. Any mechanics Licensor shall notify Licensee, prior to the expiration of this License, if Licensee shall be required to remove and restore the alterations, additions or materialmanimprovements to the Licensed Area performed pursuant to this Paragraph 7 and Licensee shall, at its sole cost and expense, promptly remove all of Licensee’s lien for which Landlord has received a notice changes, alterations, additions or improvements to the Licensed Area (the “Restoration”). Upon the completion of intent the Restoration, Licensor shall return any such Alteration Deposits. To the extent that Licensee fails to file or which has been filed against perform the Premises Restoration, Licensor shall be entitled to retain any and Common Area or the Building arising out of all Alteration Deposits to perform its own restoration and repair work done for, or materials furnished to or on behalf of TenantLicensee. Licensee shall pay any and all actual fees or charges Licensor may incur or any and all fees or charges Landlord may incur in connection with Licensee’s making changes, its contractors alterations, additions or subcontractors improvements to the Licensed Area. Nothing herein shall be discharged, bonded over, deemed to require Licensee to remove or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All restore alterations, improvementsadditions or improvements installed by or for Licensor. Further, or additions, whether temporary or permanent in character, madeLicensee shall not be entitled to receive any interest on any Alteration Deposit and any and all Alteration Deposits may be commingled with other funds of Licensor.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Dice Holdings, Inc.)

Alterations. Following the Commencement Date, (a) Tenant shall not make any changes, additions, alterations, additions or improvements or additions to the Premises and Common Area or attach or affix any articles thereto (collectively, the “Alterations”) without Landlord’s prior written consent, which shall may not be unreasonably withheld, conditioned or delayed. All alterations, improvements, and additions In the event Tenant makes any Alterations to the Premises as provided in this Section 23, said Alterations shall not be commenced until ten (other than 10) days after Landlord has received notice from Tenant stating the Laboratory Premisesdate the installation of the Alterations is to commence so that Landlord can post and record an appropriate notice of non-responsibility. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord’s consent to any Alterations if the desired Alterations: (i) will affect the Building’s operating systems or Building’s structure; or (ii) will require the filing of plans and Common Area specifications with any governmental agency or authority; or (as permitted iii) subject to Section 23(b), will cost in excess of Fifty Thousand Dollars ($50,000.00). Subsequent to obtaining Landlord’s consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord a copy of any building permit required by applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within thirty (30) days after the rendition of a bxxx for all of Landlord’s actual reasonable out-of-pocket costs incurred in accordance connection with this Paragraph) any Alterations, including all management, engineering, outside consulting, and construction fees actually incurred by or on behalf of Landlord for the review and approval of Tenant’s plans and specifications and for the monitoring of construction of the Alterations, provided that Landlord shall use commercially reasonable efforts to provide advance notice to Tenant of such costs so that Tenant may determine whether to proceed with such Alterations. If Landlord consents to the making of any Alteration, such Alteration shall be 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 reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, made by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expenseexpense by a contractor reasonably approved in writing by Landlord. Any mechanics Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may reasonably require. Without Landlord’s prior written consent, Tenant shall not use any portion of the Common Areas either within or materialman’s lien without the Project in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Project in order to comply with any applicable Laws, then Tenant shall reimburse Landlord within thirty (30) days of demand for which all costs and expenses incurred by Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of in making such alterations and/or improvements. All construction 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 days following the Premises shall be performed in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Project. Tenant agrees to indemnify, defend and hold Landlord harmless against any loss, liability or damage resulting from such work. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Landlord’s consent to or approval of any Alterations (or the date Landlord receives (1plans therefor) notice of intent to file shall not constitute a lien representation or (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 expense, and the amount expended warranty by Landlord, including reasonable attorneys’ feesnor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madesolely responsible for ensuring all such compliance.

Appears in 1 contract

Samples: Office Lease (Model N, Inc.)

Alterations. Following the Commencement Date, Tenant Lessee shall not make any changes, additions, alterations, improvements no changes in or additions to the Premises and Common Area or attach or affix of any articles thereto nature without LandlordLessor’s prior written consent, which shall consent may not be unreasonably withheld, conditioned or delayed. All Lessee shall conduct all alterations and improvements in a merchantable manner, subject to the prior written consent of Lessor. Any Lessee alterations, improvementsadditions or improvements shall only be permitted, if at all, where such improvements are non-structural and additions which do not affect utility services or plumbing and electrical lines, in or to the interior of the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or using contractors or mechanics first approved by LandlordLessor which consent shall not be unreasonably withheld. All alterations shall be performed subject to Addendum “D”. All fixtures and all paneling, partitions, railing and like installations, installed in the Premises at any time, either by Lessee or by Lessor on Lessee’s behalf, shall, upon installation, become the property of Lessor and shall remain upon and be surrendered with the Premises unless Lessor by notice to Lessee no later than sixty (60) days prior to the date fixed as the termination of this Lease, elects to relinquish Lessor’s right hereto and to have them removed by Lessee, in which event, the same shall be removed from the Premises by Lessee prior to the expiration of the lease at TenantLessee’s sole expense unless said fixtures were installed pursuant to Addendum “B” of this Lease. Nothing in this article shall be construed to give Lessor title to or to prevent Lessee’s removal from time to time of trade fixtures, moveable office furniture and equipment, but upon removal of any such items from the Premises or upon removal of other installations as may be required by Lessor, Lessee shall immediately and at its expense, repair and restore any damage occasioned by such times removal. All property permitted or required to be removed by Lessee at the end of the term remaining in the Premises after Lessee’s removal shall be deemed abandoned and in may, at the election of Lessor, either be retained as Lessor’s property or may be removed from the Premises by Lessor at Lessee’s expense. Lessee shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any government or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such manner permits, approvals and certificates to Lessor and Lessee agrees to carry and will use Lessee’s contractors and sub-contractors to carry such workers compensation, general liability, personal property and property damage insurance as Landlord Lessor may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, maderequire.

Appears in 1 contract

Samples: Lease Agreement (Ameripath Inc)

Alterations. Following the Commencement Date, Tenant Lessee shall not make any changes, additions, alterations, improvements or additions exterior alterations to the Premises and Common Area or attach or affix any articles thereto without Landlord’s the prior written consentapproval of Lessor of the plans and specifications for said alterations, which approval shall not be unreasonably withheld, conditioned withheld or delayed. In addition, Lessee shall not make any interior alterations, additions or improvements to the Premises in excess of $500.00 without the prior written approval of Lessor of the plans and specifications for said alterations, which approval shall not be unreasonably withheld or delayed by Lessor. All work shall be performed by a contractor or contractors who shall be reasonably approved in writing by Lessor. All work performed in accordance with said approved plans and specifications; any material deviations therefrom must first be approved in writing by Lessor. Lessee may, without the consent of Lessor, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or improvements and without overloading or damaging such Building or improvements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, improvementsadditions, improvements and partitions erected by Lessee shall be and remain the property of Lessee during the term of this Lease and shall become the property of Lessor as of the date of termination of this Lease, or upon earlier vacating of the Premises, and additions title shall pass to Lessor under this Lease as by a bxxx of sale. All shelves, bins, machinery and trade fixtures installed by Lessee may be removed by the Lessee prior to the Premises (other than termination of this Lease, if the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by LandlordLessee so elects, and shall be at Tenant’s sole expense removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Lessor; upon any such removal Lessee shall restore the Premises to a good and at Leaseable condition, less ordinary wear and tear. All such times removals and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which restoration shall be reasonably approved by Landlord)accomplished in a good workmanlike manner so as not to damage the primary structure, at Tenant’s sole cost roof or structural qualities of the Building and expense. Any mechanics or materialman’s lien for other improvements within which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filedare situated. If Tenant fails Lessor shall consent to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvementsadditions or improvements proposed by Lessee, Lessee shall construct and maintain the same to comply with all then existing governmental laws, ordinances, rules and regulations. Prior to commencing any work or additionsinstalling any equipment (but only if such equipment requires alterations to the Premises) in excess of $5,000.00 in, whether temporary on or permanent in characterabout the Premises, madeBuilding or Property, Lessee shall:

Appears in 1 contract

Samples: Nexpub Inc

Alterations. Following Except for cosmetic Alterations (such as painting, wall covering and floor covering) that (i) are not visible from the Commencement Dateexterior of the Premises, (ii) do not affect the structure of the Building or any Building System, (iii) do not require penetrations into the floor, ceiling or walls, and (iv) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any changes, additions, alterations, improvements Alterations in or additions to the Premises and Common Area or attach or affix any articles thereto without first obtaining Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. All alterationsWith respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration. Tenant shall deliver to Landlord the plans, improvementsspecifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, which approval shall not be unreasonably withheld, conditioned or delayed, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and additions to in compliance with all Laws and the Premises (other than the Laboratory Premises) plans and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics specifications delivered to, and, if required above, approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, and (iv) Tenant shall pay Landlord all reasonable out-of-pocket costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord reasonably deems necessary. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approveAlteration. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at At Tenant’s optionrequest prior to Tenant making any Alterations, by Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its contractors trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not adversely affect any structural portion of the Property, any Building System or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics any other equipment or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or facilities serving 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeoccupant.

Appears in 1 contract

Samples: Lease Agreement (Sourcefire Inc)

Alterations. Following the Commencement Date, 6.1 Tenant shall not make any changes, additions, alterations, improvements or additions to changes in the Premises and Common Area or attach or affix any articles thereto (“Alterations”) without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) Any Alterations shall be 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 reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, completed by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using existing and/or new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) in compliance with any other reasonable conditions established by Landlord. Any mechanics Such conditions may include requirements for Tenant to provide payment or materialmanperformance bonds or additional insurance from Tenant or Tenant’s lien for which contractors, subcontractors or design professionals. Landlord has received a notice also may require that any Alterations be subject to the supervision of intent to file Landlord or which has been filed against its designee. If any work outside the Premises and Common Area Premises, or any work on or adjustment of any of the Building arising out of work done forSystems, is required in connection with or materials furnished to or on behalf as a result of Tenant’s Alterations, its contractors or subcontractors such work shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 performed at Tenant’s expense, and the amount expended expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, including reasonable attorneys’ feesdrawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord’s interests. No approval or consent by Landlord shall be paid deemed or construed to be a representation or warranty by Tenant within 10 days following Landlord as to the adequacy, sufficiency, fitness or suitability of such work or compliance of such work with applicable laws or other requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall, upon installation, become part of the realty and be the property of Landlord. Landlord shall review and respond to Tenant’s receipt requests for approval of any Alterations within a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madecommercially reasonable period of time considering the particular facts and circumstances.

Appears in 1 contract

Samples: Sublease Agreement (Everspin Technologies Inc)

Alterations. Following the Commencement Date, Tenant Practice shall not make any changes, additions, alterations, improvements improvements, installations or additions in or to the Premises without submitting plans and Common Area specifications to the WellQuest and securing WellQuest's advance written consent. All such work shall be done by employees or attach contractors employed or affix any articles thereto without Landlord’s contracted by WellQuest or, with WellQuest's prior written consent, which by contractors engaged by Practice. As Additional Rent, Practice shall not pay WellQuest or Practice's contractors, as the case may be, immediately upon commencement of such work, the full cost of such work and materials. If Practice pays a contractor directly, then upon completion of the work, Practice shall deliver to WellQuest (i) evidence of the payment to such contractor and (ii) written lien waivers from all contractors and subcontractors, in form and content satisfactory to WellQuest. Practice shall hold WellQuest harmless from all costs, damages, liens and expenses related to any portion of such work. If any materialmen's or mechanic's lien is filed against the Premises, the Building or the Land or against the leasehold improvements of the Practice by reason of any work performed or directed to be unreasonably withheldperformed by Practice or Practice's contractor, conditioned Practice shall immediately, without notice or delayeddemand therefor, discharge such lien of record in the manner provided by law. e. Title to Alterations and Improvements. All alterations, improvements, installations and additions in or to the Premises Premises, whether temporary or permanent, made by WellQuest or Practice, immediately shall become the property of Owner or WellQuest, as provided in the Base Lease, free and clear of any lien, claim, title or interest of Practice (other than the Laboratory Premisesregardless of payment by Practice) and Common Area (as permitted shall remain upon the Premises at the termination of this Lease, all without offset, credit, reimbursement or payment of any nature to Practice. The terms "alterations," "installations," "improvements," or "additions" shall not be construed to include Practice's movable office furniture, or medical or office equipment installed by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be Practice at TenantPractice’s sole expense and at such times and in such manner as Landlord with WellQuest's prior written stipulation that it will remain Practice’s equipment. WellQuest may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area 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 days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy remove any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, installations or additions, whether temporary or permanent additions made by Practice upon termination of this Lease at Practice's expense unless otherwise agreed in character, madeWellQuest's prior written consent thereto. f. Government Mandates. 1.

Appears in 1 contract

Samples: Medical Services Agreement

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, no alterations, additions or improvements or additions to the Premises and Common Area or attach or affix any articles thereto without Landlord’s the prior written consent, which consent of Landlord. Xxxxxxxx’s consent shall not be unreasonably withheldwithheld as long as the proposed changes do not affect the structural, conditioned electrical or delayedmechanical components or systems of the Building, are not visible from the exterior of the Premises, and utilize only building standard materials. All 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 contractors 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 work and shall perform the work in compliance with all applicable laws, regulations and ordinances. Except for cosmetic work not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. 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 satisfactory to Landlord. Landlord may elect to cause its architect to review Xxxxxx’s architectural plans, and the reasonable cost of that review shall be reimbursed by Xxxxxx. Should the work proposed by Tenant modify the 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, improvements, and additions or improvements affixed to the Premises (other than the Laboratory Premises) excluding moveable trade fixtures and Common Area (as permitted by Landlord in accordance with this Paragraphfurniture) shall be done only by become the property of Landlord or contractors or mechanics approved by Landlord, and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord’s consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant’s sole expense request and at such times and in such manner as to repair any damage to the Premises arising from that removal. Landlord may reasonably approverequire 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 nonbuilding standard item and Tenant is notified of the requirement prior to the build-out. Any work approved by Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant make any alteration or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent improvement to file or which has been filed against the Premises and Common Area or at the Building arising out of work done for, or materials furnished to or on behalf request of Tenant, its contractors or subcontractors Landlord shall be discharged, bonded over, or otherwise satisfied by entitled to prompt payment from Tenant within ten days following the earlier of the date Landlord receives (1) notice cost thereof, inclusive of intent to file a lien or (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 Tenantstandard coordination fee of Landlord’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, mademanagement agent.

Appears in 1 contract

Samples: Utilities and Services (Sirf Technology Holdings Inc)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, additions or improvements or additions to the Premises (collectively, the “Alterations”) without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Premises. Tenant shall furnish complete plans and Common Area specifications to Landlord for its approval at the time it requests Landlord’s consent to any Alterations if the desired Alterations: (i) will affect the Building’s Systems or attach Building’s Structure; or affix (ii) will require the filing of plans and specifications with any articles thereto without governmental or quasi-governmental agency or authority; or (iii) will cost in excess of Ten Thousand Dollars ($10,000.00). Subsequent to obtaining Landlord’s consent and prior to 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 reimburse Landlord within ten (10) 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 plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, such Alteration shall be made by Tenant at Tenant’s sole cost and expense by a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord’s prior written consent, which Tenant shall not use any portion of the Common Areas in connection with the making of any Alterations. If the Alterations which Tenant causes to be unreasonably withheldconstructed result in Landlord being required to make any alterations and/or improvements to other portions of the Project, conditioned or delayed. All alterationsas applicable, improvementsin order to comply with any applicable Laws, then Tenant shall reimburse Landlord upon demand for all costs and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted expenses incurred by Landlord in accordance making such alterations and/or improvements. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the Premises upon the expiration or sooner termination of this ParagraphLease, unless Landlord requires the removal of such Alterations. If Landlord requires the removal of such Alterations, Tenant shall at its sole cost and expense, forthwith and with all due diligence (but in any event not later than ten (10) days after the expiration or earlier termination of the Lease) remove all or any portion of any Alterations made by Tenant which are designated by Landlord to be removed (including without limitation stairs, bank vaults, and cabling, if applicable) and repair and restore the Premises in a good and workmanlike manner to their original condition, reasonable wear and tear excepted. All construction work done by Tenant within the Premises shall be done only by Landlord or contractors or mechanics approved by Landlordperformed in a good and workmanlike manner with new materials of first-class quality, lien-free and shall be at Tenant’s sole expense and at such times in compliance with all Laws, and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Project. Tenant agrees to indemnify, defend and hold Landlord may reasonably approve. Any work approved by Landlord hereunder affecting harmless against any loss, liability or damage resulting from such work, except to the Laboratory Premises may be performedextent such loss, at Tenant’s option, by Tenant liability or its contractors damage results from the negligence or mechanics (which shall be reasonably approved by willful misconduct of Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its agents, employees, contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (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 expenseand invitees, and the amount expended Tenant shall, if requested by Landlord, including reasonable attorneys’ feesfurnish 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, additions or improvements (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 paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madesolely responsible for ensuring all such compliance.

Appears in 1 contract

Samples: Office Lease Agreement (Diversa Corp)

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