Common use of Alterations Clause in Contracts

Alterations. (a) Tenant shall not make, or permit to be made, any alterations, additions or improvements to the Premises, or any part thereof, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system.

Appears in 2 contracts

Samples: Lease Agreement (Silk Road Medical Inc), Lease Agreement (Silk Road Medical Inc)

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Alterations. (a) Tenant shall not make, or permit In the event Subtenant desires to be made, any make alterations, additions or improvements to the Sublease Premises, Subtenant shall concurrently provide to each of Sublandlord and Master Landlord, in accordance with the notice provisions herein, a description of the proposed alterations, additions or any part thereofimprovements, together with and a copy of the proposed plans and specifications for review and approval. Subtenant shall make no alterations, additions or improvements in or to the Sublease Premises without the prior written consent of Landlord, which both Sublandlord (except that Sublandlord’s consent shall not be required for alterations referenced in the “provided, however” clause in the first sentence of Section 6.05) and, if required by the Master Lease, Master Landlord. Sublandlord shall not unreasonably withheldwithhold, condition or delay its consent to any proposed alteration, addition or improvement. Normal repair and maintenance workNotwithstanding the foregoing, including painting and re-carpeting, it shall not be deemed unreasonable for Sublandlord to be an withhold consent to any alteration, addition or improvement for which Master Landlord does not provide consent. Sublandlord shall give its consent or reasons for failure to consent to any proposed alteration, addition or improvement within ten (10) business days after Sublandlord has received from Subtenant a description of the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any proposed alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt together with and a copy of the proposed plans and specifications. Any such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such approved alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord shall be installed in accordance with prior notice the terms of the Master Lease. In the event Subtenant makes any such alterations, additions or improvements, including a reasonably detailed description of Subtenant shall restore the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Sublease Premises at the expiration or sooner earlier termination of this Leasethe Sublease Term to its condition existing as of the Commencement Date, reasonable wear and tear excepted, unless Master Landlord otherwise agrees in writing. In any event, If Master Landlord shall have right to require Tenant to remove agrees in writing that any alterations, additions or improvements from installed by Subtenant may remain in the Sublease Premises that were made by Tenant without Landlord’s consent if such consent is required by upon the terms expiration or earlier termination of this paragraph ll(a). Tenant Sublease, Sublandlord shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall not have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for require that Subtenant remove those alterations, additions or improvements upon the installation expiration or earlier termination of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemthis Sublease.

Appears in 2 contracts

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

Alterations. (a) After initial completion of any work to be done by Txxxxx as provided in Article VI, Tenant shall not make, alter or permit to be made, any alterations, additions or improvements add to the Premises, or any part thereof, without the prior except in accordance with written consent of from Landlord, which consent shall Landlord agrees not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall to withhold as to alterations or additions which (i) are not be deemed to be an alteration, addition or improvement to visible from the Premises. Any alterations, additions or improvements to exterior of the Premises and (ii) do not affect the structure or any mechanical, electrical or plumbing system of the Building. Txxxxx's work as described in Article VI and all other alterations made by Tenant shall be at Tenant’s sole cost and expensemade in accordance with all applicable laws, in compliance with all Applicable Laws, a good and first-class workmanlike manner and in accordance with plans the requirements of Landlord's insurers and specifications submitted Txxxxx's insurers. Without limitation, said Txxxxx's work as described in writing Article VI and all other alterations made by Tenant shall be performed in accordance with the provisions of this Article IV and of Article VI. Any contractor or other person undertaking any alterations of the Premises on behalf of Tenant shall be covered by Commercial General Liability and Workmen's Compensation insurance with coverage limits acceptable to Landlord and approved evidence thereof shall be furnished to Landlord prior to the performance by such contractor or person of any work in writingrespect of the Premises. All work performed by Txxxxx in the Premises shall remain therein (unless Landlord directs Tenant to remove the same on termination) and, at termination, shall be surrendered as a part thereof, except for Tenant's usual trade furniture and equipment, if movable, installed prior to or during the Lease Term at Tenant's cost, which trade furniture and equipment Tenant may remove upon the termination of this Lease provided that Tenant is not then in default hereunder. Until such time as any such default is cured, Landlord shall have a security interest in such trade furniture and equipment. Tenant agrees not to proceed repair any and all damage to make the Premises resulting from such removal (including removal of Txxxxx's improvements directed by Lxxxxxxx) or, if Landlord so elects, to pay Landlord for the cost of any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days such repairs forthwith after Tenant’s receipt of such written consentbilling therefor. Notwithstanding anything to the contrary hereinforegoing, Tenant may construct non-structural alterationsmay, additions and improvements in the Premises without Landlord’s prior approval so long as consent or approval, make cosmetic alterations (i) such alterationsi.e., addition or improvements will any interior alterations that are non-structural and do not materially or adversely affect the Building Systems, (iisystems) the total cost of any such alterations, additions or improvements does that do not exceed Twenty Thousand Dollars ($20,000) on a 10,000 per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemproject.

Appears in 2 contracts

Samples: Agreement (Paratek Pharmaceuticals, Inc.), Paratek Pharmaceuticals, Inc.

Alterations. (a) Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made, made any alterations, additions or improvements to or of the Premises, Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the prior written consent structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord, which 's consent shall not be unreasonably withheld. Normal repair withheld (and maintenance work, including painting and re-carpeting, Landlord's consent shall not be deemed to be an alteration, addition or improvement to required if the Premisescost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be at made by Landlord or under Landlord's supervision for Tenant’s sole cost 's account and expenseTenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), in compliance with all Applicable Lawsas Rent, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until within ten (10) days after Tenant’s receipt of a statement. All such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basisand improvements, and (iii) Tenant provides Landlord with prior notice of in which event, notwithstanding any contrary provisions respecting such alterations, additions or improvementsand improvements contained in Article 32 hereof, including a reasonably detailed description of the alterations, additions or improvements. Landlord Tenant shall notify Tenantpromptly restore, at its sole cost and expense, the time Demised Premises to its condition prior to the installation of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant)and improvements, within fifteen (15) days after Tenant’s request for a determination by Landlord, whether normal wear and tear excepted. Tenant will shall under no circumstances be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions and improvements which are part of the initial improvement of the Demised Premises which do not require Landlord's consent, or improvements from which are made with Landlord's consent (unless the Premises that were made removal requirement is specified by Tenant without Landlord’s consent if such consent is required by Landlord at the terms time of this paragraph ll(ainitial approval). Tenant shall not, however, be required to remove any of the Tenant Improvements from the PremisesSee Special Stipulation No. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system39.

Appears in 2 contracts

Samples: Lease Agreement (Healtheon Corp), Lease Agreement (Healtheon Corp)

Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the Premises, or any part thereof, Premises (including but not limited to roof and wall penetrations) which cost in excess of $10,000.00 per project without the prior written consent of Landlord, Landlord which consent shall not be unreasonably reasonably withheld. Normal repair Tenant may, without the consent of Landlord, but at its own cost and maintenance workexpense and in a good workmanlike manner erect such shelves, including painting bins, machinery and re-carpetingtrade 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, additions, improvements and partitions erected by Tenant shall not be deemed 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 Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises, provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be an alteration, addition or improvement delivered up to the Landlord with the Premises. Any alterationsAll shelves, additions or improvements bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any eventLease if Tenant so elects, Landlord and shall have right to require Tenant to remove any alterations, additions be removed by the date of termination of this Lease or improvements from upon earlier vacating of the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Landlord; upon any such removal Tenant shall not, however, restore the Premises to their original condition. All such removals and restoration shall be required accomplished in good workmanlike manner so as not to remove any damage the primary structure of structural qualities of the Tenant Improvements from buildings and other improvements situated on the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system.

Appears in 2 contracts

Samples: Intracel Corp, Intracel Corp

Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the PremisesPremises (including, but not limited to, roof and wall penetrations or any part thereofalterations, additions or improvements affecting building, mechanical or electrical systems or equipment) without the prior written consent of Landlord, which consent may be withheld in its sole discretion or may be conditioned on, among other things, proof of insurance coverage, payment and performance bonds, in forms, amounts and by companies acceptable to Landlord, and Xxxxxxxx's review of Tenant's plans and specifications, Xxxxxx's contractor and Xxxxxx's building permit. 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, additions, improvements and partitions erected by Tenant shall not be unreasonably withheld. Normal repair and maintenance workremain the property of Tenant during the Term of this Lease and Tenant shall, including painting unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and re-carpetingpartitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises; provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions shall not become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be deemed delivered up to be an alteration, addition or improvement to the Landlord with the Premises. Any alterationsAll shelves, additions or improvements bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any eventLease if Tenant so elects, Landlord and shall have right to require Tenant to remove any alterations, additions be removed by the date of termination of this Lease or improvements from upon earlier vacating of the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Landlord; upon any such removal Tenant shall not, however, restore the Premises to their original condition. All such removals and restoration shall be required accomplished in good workmanlike manner so as not to remove any of damage the Tenant Improvements from buildings and other improvements situated on the Premises. Notwithstanding anything to the contrary herein, Tenant Landlord shall have the right at any time and from time to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans time to make changes or alterations to any portion of the Project other than the Premises and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over not be subject to any alterations liability with respect to the Premises which may be required to install Tenant’s security systemsuch alterations.

Appears in 2 contracts

Samples: Lease Agreement (Homegrocer Com Inc), Lease Agreement (Advanced Materials Group Inc)

Alterations. Tenant shall not make alterations and additions to Tenant’s Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned. However, Landlord’s determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises shall be in Landlord’s sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord’s opinion are reasonably likely to adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent, in Landlord’s judgment, with alterations satisfying Landlord’s standards for new alterations in the Building. Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the Building and the other requirements of this Lease with respect to Tenant’s insurance obligations (herein called “Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not makebe acting as Landlord’s agent in performing any work in the Premises, accordingly, no contractor, subcontractor or permit supplier shall have a right to lien Landlord’s interest in the Property in connection with any such work. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour, plus (ii) third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. 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 (which notice shall specifically refer to this Section 5.12) and for which Landlord specifically agrees in writing may remain, all alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, cabling and wiring shall be performed by Landlord’s general contractor (whose prices shall be competitive and reasonable taking into consideration the quality and nature of the work) or by contractors or workers first reasonably approved by Landlord. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be madefurnished by them and security reasonably satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. To the extent usual and customary in light of the nature of the work being performed, Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the PremisesBuilding 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 independent contractors, and not to cause or permit any part thereofliens 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. Tenant shall pay, without as Additional Rent, 100% of any real estate taxes on the prior written consent Complex which shall, at any time after commencement of Landlordthe Term, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an result from any alteration, addition or improvement to the PremisesPremises made by Tenant. Any alterations, additions or improvements to the Premises Tenant acknowledges and agrees that Landlord shall be at Tenant’s sole cost and expensethe owner of any additions, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions alterations and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) to the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required extent paid for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system.

Appears in 2 contracts

Samples: Agreement (Proteon Therapeutics Inc), Agreement (Proteon Therapeutics Inc)

Alterations. (a) Except for any initial improvement of the Premises pursuant to Exhibit "D", which shall be governed by the provisions of said Exhibit "D", Tenant shall not make, suffer or permit to be made, made any alterations, additions or improvements to or of the Premises, Premises or any part thereof, or attach any fixtures or equipment thereto, without the prior first obtaining Landlord's written consent of Landlordconsent, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, conditioned or delayed; provided that Landlord's consent shall not be required for interior, non-structural alterations which cost less than $5,000.00 and which do not materially affect building systems (changes to electrical, mechanical or life safety systems shall be deemed to be an alteration, addition or improvement to the Premisesmaterially affect building systems). Any such alterations, additions or improvements to the Premises consented to by Landlord shall, at Landlord's option, be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall be at Tenant’s sole cost and expense, in compliance with reimburse Landlord for all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten costs thereof (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterationsreasonable charge for Landlord's overhead), additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant)Rent, within fifteen (15) days after Tenant’s request for receipt of a determination by Landlord, whether Tenant will be required to remove any statement. All such alterations, additions or and improvements from the Premises shall become Landlord's property at the expiration or sooner earlier termination of this Lease. In any eventthe Term and shall remain on the Premises without compensation to Tenant unless Landlord elects by notice to Tenant when Landlord's consent thereto is given, Landlord shall to have right to require Tenant to remove any such alterations, additions or and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary hereincontained in Section 12.02 hereof, Tenant shall have promptly restore, at its sole cost and expense, the right Premises to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system condition prior to the installation thereof of such alterations, additions and provided further that Landlord improvements, normal wear and tear excepted. Tenant shall have reasonable approval rights over no obligation to remove any alterations initial improvements to the Premises which may be required pursuant to install Tenant’s security systemExhibit "D".

Appears in 1 contract

Samples: Lease Agreement (Atherogenics Inc)

Alterations. (a) After initially opening the Premises for business, Tenant shall not makemake or cause to be made to the Premises or the Tenant Utility Facilities any addition, renovation, alteration, reconstruction or change (collectively, "Alterations") (i) costing in excess of Fifteen Thousand Dollars ($15,000.00), (ii) involving structural changes or additions, (iii) affecting the exterior storefront, fire sprinkler systems, exterior walls, floor slab, or permit to be made, any alterations, additions or improvements to roof of the Premises, or (iv) requiring or resulting in any part thereofpenetration of the roof, demising walls or floor slab of the Premises, without first obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, Tenant shall provide Landlord with not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until less than ten (10) days after Tenant’s receipt prior written notice of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements commencement of any Alterations in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord enter upon the Premises to post customary notices of non- responsibility with plans and specifications for the installation of Tenant’s security system prior respect thereto. Subject to Section 20.8, all improvements to the Premises by Tenant including, but not limited to, light fixtures, floor coverings and partitions and other items comprising Tenant's Work pursuant to Exhibit C, but excluding trade fixtures and signs, shall be deemed to be the property of Landlord upon installation thereof thereof. Within thirty (30) days after the completion of any Alterations, Tenant shall deliver to Landlord a set of "as built" plans depicting the Alterations as actually constructed or installed. If Tenant shall make any permitted Alterations, Tenant shall carry "Builder's All Risk" insurance in an amount reasonably determined by Landlord covering the construction of such Alterations and provided further that such other insurance as Landlord shall have reasonable approval rights over any alterations may reasonably require. Any Alterations to the Premises which may are required by reason of any present or future law, ordinance, rule, regulation or order of any governmental authority having jurisdiction over the Premises or the Project or of any insurance company insuring the Premises, and regardless of whether or not such Alteration pertains to the nature, construction or structure of the Premises or to the use made thereof by Tenant, shall be at the sole cost of Tenant regardless of whether the work is performed by Landlord or Tenant. Any Alterations to the Premises or the Tenant Utility Systems which are required by reason of any present or future law, ordinance, rule, regulation or order of any governmental authority having jurisdiction over the Premises or the Project or of any insurance company insuring the Premises, and regardless of whether or not such Alteration pertains to install the nature, construction or structure of the Premises or to the use made thereof by Tenant’s security system, shall be at the sole cost of Tenant regardless of whether the work is performed by Landlord or Tenant.

Appears in 1 contract

Samples: Retail Lease (Arizona Furniture Co)

Alterations. (a) Provided that Tenant shall not make, or permit to be made, any alterations, additions or improvements to the Premises, or any part thereof, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted has notified Landlord in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until at least ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything prior to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost commencement of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of work within the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Leased Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the following limitations: (i) such alterations and additions will not impair the structural integrity of the Building, (ii) such alterations and additions will not affect the mechanical, electrical, plumbing, heating, air-conditioning, or ventilation systems of the Leased Premises, (iii) such alterations and additions will not in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord’s consent so long as Tenant provides Landlord with 's prior reasonable approval of all plans and specifications for therefor, Tenant, at Tenant's sole expense, shall be permitted to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to this Lease provided that upon expiration or earlier termination of this Lease, Tenant shall, at Landlord's sole discretion and Tenant's sole expense, remove such stairwells and restore the installation of Tenant’s security system prior Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the installation thereof and provided further that Landlord shall have reasonable approval rights over any Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises which shall be subject to any reasonable terms of conditions Landlord may be required require to install Tenant’s security systemensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural mechanical, electrical, plumbing, heating, air conditioning, or ventilation integrity of the Building.

Appears in 1 contract

Samples: Lease Agreement (FSP Phoenix Tower Corp)

Alterations. (a) Tenant shall not make, or permit to be made, any alterations, additions or improvements to the Premises, or any part thereofnot, without the Landlord's prior written consent of Landlordconsent, which consent shall not be unreasonably withheld, make any alterations, improvements, additions or utility installations in, on or about the Premises or the Building without Landlord's prior written consent, which may be denied in the sole and absolute discretion of Landlord. Normal repair As used in this Section 11.4, the term "utility installation" shall mean power panels, electrical distribution, systems, lighting fixtures, space heaters, air-conditioning, computer lines, plumbing and maintenance workfences. Landlord may require that Tenant remove any or all of such alterations, including painting improvements, additions or utility installations at the expiration of the Terms of this Lease, and re-carpetingrestore the Premises or the Building to their prior condition. Should Tenant make any alterations, shall not be deemed improvements, additions or utility installments without the prior approval of Landlord, Landlord may require that Tenant remove any or all of the same upon written demand and restore the Premises or the Building to be an alteration, addition or improvement to the Premisestheir prior condition. Any alterations, improvements, additions or improvements utility installments in, or about the Premises or the Building that Tenant shall desire to make and which require the consent of the Landlord shall be presented to Landlord in written form, with proposed detailed plans. Landlord may, as a condition of its consent, require Tenant to make revisions in and to the Premises plans and to post a bond or other reasonably satisfactory to Landlord to insure the completion of such change. If Landlord shall give its consent, the consent shall be deemed conditioned upon Tenant, at Tenant’s 's expense, acquiring a permit to do so from appropriate governmental agencies, the furnishing of a copy thereof to Landlord prior to the commencement of the work and the compliance by Landlord of all conditions of such permit in a prompt and expeditious manner. Landlord reserves the right to require its space planners, architects, engineers and contractors to perform all or a portion of the proposed alterations, improvements, additions and utility installations to the Premises, or the Building, at Tenant's sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not shall pay, all claims for labor or materials furnished or alleged to proceed have been furnished to make or for Tenant at or for use in the Premises, or the Building, which claims are or may be secured by any alterations, additions mechanic's lien against the Premises or improvements, notwithstanding consent from the Building or any interest therein. Tenant shall give Landlord to do so, until nor less than ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything days' notice prior to the contrary hereincommencement of any work, and Landlord shall have the right to post notices of nonresponsibility as provided by law. If Tenant may construct non-structural alterationsshall, additions and improvements in good faith, contest the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost validity of any such lien, claim or demand, then Tenant shall, at its sole expense, defend itself, Landlord, the Premises and the Building, upon the condition that if Landlord shall require, Tenant shall furnish to Landlord a surety bond satisfactory to Landlord in an amount equal to such contested lien claim or demand indemnifying Landlord and Tenant against liability for the same and holding the Premises and the Building free from the effect of such lien or claim. In addition, Landlord may require Tenant to pay Landlord's attorney's fees and costs in participating in such action if Landlord shall decide it is to its best interest to do so. Unless Landlord requires the removal as set forth in this Section 11.4, all alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basisimprovements, additions, and (iii) Tenant provides utility installations shall become the property of Landlord and remain upon and be surrendered with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of the Term. Notwithstanding the provisions of this Lease. In any eventSection 11.4, Landlord shall have right to require Tenant to remove any alterationsTenant's machinery and equipment, additions or improvements from the Premises other than that were made by Tenant without Landlord’s consent if such consent which is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system.affixed

Appears in 1 contract

Samples: Lease Agreement (800 Travel Systems Inc)

Alterations. (a) Tenant shall not make, or permit to be made, any may make alterations, additions or improvements to the Premises, or including any part thereofTenant Work identified on attached Exhibit C (the “Alterations”), without only with the prior written consent of Landlord, which consent which, with respect to Alterations not affecting the structural components of the Premises or utility systems therein, shall not be unreasonably withheld, conditioned, or delayed. Normal repair Landlord shall have thirty (30) days in which to respond to Tenant’s request for any Alterations so long as such request includes the names of Tenant’s contractors and maintenance workreasonably detailed plans and specifications therefor. The term “Alterations” shall not include the installation of shelves, including painting movable partitions, Tenant’s equipment, and re-carpetingtrade fixtures that may be performed without damaging existing improvements or the structural integrity of the Premises, the Building, or the Property, and Landlord’s consent shall not be deemed to be an alteration, addition required for Tenant’s installation or improvement to the Premisesremoval of those items. Any alterations, additions or improvements to the Premises Tenant shall be perform all work at Tenant’s sole cost expense and expense, in compliance with all Applicable Laws, applicable laws and shall complete all Alterations in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required using contractors approved by Landlord, and in a manner so as to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a)not unreasonably interfere with other tenants. Tenant shall notpay, howeverwhen due, or furnish a bond for payment (as set forth in Section 19) all claims for labor or materials furnished to or for Tenant at or for use in the Premises, which claims are or may be required to secured by any mechanics’ or materialmens’ liens against the Premises or the Property or any interest therein. Tenant shall remove any all Alterations at the end of the Lease term unless Landlord conditioned its consent upon Tenant Improvements from leaving a specified Alteration at the Premises. Notwithstanding anything to the contrary herein, in which case Tenant shall have the right to install its own security system without not remove such Alteration, and it shall become Landlord’s consent so long as property. Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over immediately repair any alterations damage to the Premises which may be required to install Tenant’s security systemcaused by removal of Alterations.

Appears in 1 contract

Samples: Lease Agreement

Alterations. (a) Tenant shall not makeLessee may, or permit at its expense, make additions to be madeand alterations of the Improvements, any alterations, additions or improvements to and construct-additional Improvements provided that (i) the Premises, or any part thereof, without market value of the prior written consent of Landlord, which consent Premises shall not be unreasonably withheldmaterially lessened thereby, (ii) such work. Normal repair shall be expeditiously completed in a good and maintenance work, including painting workmanlike manner and re-carpeting, shall not be deemed in compliance with all applicable Legal Requirements and the requirements of all insurance policies required to be an alterationmaintained by Lessee here-under, addition and (iii) no exterior walls of the Improvements shall be demolished unless Lessor’s prior consent shall have been obtained. All such additions and alterations shall be and remain part of the realty and the property of Lessor and shall be subject to this Lease. Lessee may place upon the Premises any inventory, systems (such as pollution control systems and equipment, and electrical and plumbing service systems, materials handling apparatus and similar adjuncts to manufacturing operations), machinery or improvement other equipment belonging to Lessee or third parties (hereinafter collectively defined as “Lessee’s Trade Systems”). Lessee shall have the Premises. Any alterationsright, additions at any time during the term of this Lease or improvements any extension thereof, to remove Lessee’s Trade Systems, as well as all other personal property of every nature belonging to Lessee, provided, however, that any damage to the Premises or any portion thereof occasioned by such removal shall be repaired by the Lessee at TenantLessee’s sole cost and expense. As used herein and hereafter, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing the term “Lessee’s Trade Systems” shall not include or be deemed to Landlord and approved in writing. Tenant agrees not to proceed to make include any alterations, additions general purpose item now or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements hereafter installed in the Premises so as to be an integral part of the Premises, such as, without Landlord’s prior approval so long as (i) such alterationslimiting the generality of the foregoing, addition or improvements will not materially or adversely affect the Building Systemsheating, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basisventilation, and air conditioning plant and systems, electrical and plumbing fixtures and systems and other like equipment and fixtures, but said term shall include such plant, systems, fixtures and equipment which are unique to Lessee’s manufacturing operations and processes. The parties are aware that the Premises may contain equipment and facilities owned by Lessee or third parties (iiiother than Lessee’s Trade Systems) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description necessary and useful in order to carry out the Lessee’s business. Without limiting the generality of the alterationsforegoing, additions the parties, therefore, agree that such facilities and equipment shall be deemed to be personal property (even if affixed or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations attached to the Premises which may in such fashion as to otherwise cause said equipment or facilities to be required deemed a fixture), and shall, subject to install Tenantparagraph 9, be removable at will by Lessee at Lessee’s security systemexpense as provided above, provided that such removal will not have material adverse effect on the value of the Premises.

Appears in 1 contract

Samples: Sublease Agreement (Superior Essex Inc)

Alterations. (a) Except for any initial improvement of the Demised Premises pursuant to Exhibit "D", which shall be governed by the provisions of said Exhibit "D", Tenant shall not make, suffer or permit to be made, made any alterations, additions or improvements to or of the Premises, Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without the prior first obtaining Landlord's written consent of Landlordconsent, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition conditioned or improvement to the Premisesdelayed by Landlord. Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be at made by Tenant’s sole cost , under Landlord's supervision, and expenseTenant shall reimburse Landlord (or Landlord's designated agent) for construction coordination fees, in compliance with all Applicable Lawsthe amount of3% of the cost of the work, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until within ten (10) days after Tenant’s receipt of a statement. This provision shall not apply to basic, non-material work within the Demised Premises, such written consent. Notwithstanding anything to as, by way of illustration but not limitation, picture hanging, furniture installation, installation of low voltage cabling for phones and computers, and the contrary hereinrearranging of offices within the Demised Premises, and Tenant may construct non-structural cause such tasks to be performed without the prior consent of Landlord. All such alterations, additions and improvements in shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without Landlord’s prior approval so long as (i) such alterationscompensation to Tenant unless Landlord elects by notice to Tenant, addition or improvements will not materially or adversely affect at the Building Systems, (ii) time the total cost of any such applicable alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basisare approved, and (iii) to have Tenant provides Landlord with prior notice of any remove such alterations, additions and improvements upon the expiration or improvementstermination of this Lease, including a reasonably detailed description of the alterationsin which event, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to notwithstanding any alterations, additions or improvements, or if Landlord’s consent is not required for any contrary provisions respecting such alterations, additions or and improvements as specified herein (including any security system installed by Tenant)contained in Article 32 hereof, within fifteen (15) days after Tenant’s request for a determination by LandlordTenant shall promptly restore, whether Tenant will be required at its sole cost and expense, the Demised Premises to remove any its condition prior to the installation of such alterations, additions or and improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans excepting only (i) reasonable wear and specifications for the installation of Tenant’s security system prior to the installation thereof tear and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system(ii) casualty damage and condemnation.

Appears in 1 contract

Samples: Lease Agreement (Indus International Inc)

Alterations. (a) Except as set forth on Exhibit E to this Lease wherein Landlord conceptually agrees to such alterations subjects to Landlord’s approval of plans and specifications for the same which to date have not been delivered to Landlord, Tenant shall not makenot, or permit to be madewithout Landlord's prior written approval, make any alterations, additions or improvements to the Premises, whether interior or any part thereof, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Normal repair and maintenance workexterior, including painting and re-carpetingwithout limitation the installation of lighting fixtures, shall space heaters, air conditioning, electrical equipment, power panels, plumbing, ducts, carpeting 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 deemed to be an alteration, addition or improvement removed without injury to the Premises. Any ; and (iii) the alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, are made in compliance with all Applicable LawsRequirements, as herein defined and in accordance with plans Landlord's specifications and specifications submitted in writing requirements. Landlord shall respond to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten such request within thirty (1030) calendar days after TenantLandlord’s receipt of such written consent. Notwithstanding anything all of the requirements set froth herein and Landlord shall not unreasonably withhold its consent to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as any Alterations which (i) such alterations, addition items do not alter the basic character of the Building; or improvements will not materially overload or adversely affect damage the Building Systems, same; (ii) such items may be removed without injury to the total cost Premises; (iii) do not affect the structure or building systems, (iv) Tenant provides Landlord with a performance bond in favor of any Landlord to guaranty the full payment for such Alterations and (v) the alterations, additions or improvements does are made in compliance with all Requirements, as herein defined and with Landlord's specifications and requirements. Landlord may require that Tenant remove any or all Alterations in a good and workmanlike manner so as not exceed Twenty Thousand Dollars ($20,000) on a per project basis, to cause any damage to the Premises and/or Building at the termination of this Lease and (iii) that Tenant provides Landlord with restore the Premises to its condition prior notice of any such alterations, additions or improvements, including a reasonably detailed description to installation of the alterationsAlteration. Unless Landlord requires their removal, additions or improvements. all Alterations shall become the property of Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from and remain upon the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if to any such consent is required by Alteration shall not be construed to mean that such Alterations are in compliance with all Requirements, as herein defined. If Tenant makes any Alterations without the terms prior written approval of this paragraph ll(a). Landlord, Landlord may require that Tenant shall not, however, be required to remove any or all of the same at any time. Prior to Tenant Improvements from the Premises. Notwithstanding anything making final payment to the contrary hereincontractors, Tenant shall have the right deliver to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system.:

Appears in 1 contract

Samples: Commercial Lease Agreement (Bioveris Corp)

Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, additions additions, partitions, or other improvements to the Premises, or any part thereof, Premises without the prior written consent of Landlord. Tenant, at its own cost and expense, may erect shelves, bins, machinery and trade fixtures as it desires as well as alterations, additions, partitions, or other improvements which consent shall have been specifically consented to in writing by Landlord, provided 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 same, (iii) such items may be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement removed without injury to the Premises, and (iv) the construction, erection or installation thereof complies with all applicable governmental laws, codes, ordinances, regulations, or any other applicable authorities, including, without limitation, the Americans with Disabilities Act of 1990 (the "ADA"), and with Landlord's details, specifications and other requirements, (v) any architectural, engineering, construction management, permits, inspections or other cost or fee required to assure compliance with conditions set forth in this Paragraph 6 shall be paid by Tenant promptly upon demand. Any All alterations, additions additions, partitions, or other improvements to the Premises erected by Tenant shall be and remain the property of Tenant during the term of this Lease; provided however, at the termination of this Lease, Landlord shall have the option, exercisable in Landlord's sole discretion, to require Tenant either upon request to remove, at Tenant’s 's sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any or part of each alterations, additions additions, partitions, or other improvements, notwithstanding consent from Landlord at which time Tenant shall promptly restore the Premises to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything its condition immediately prior to the contrary hereincommencement date, Tenant may construct non-structural alterations, additions and improvements or to keep in place the Premises without Landlord’s prior approval so long as (i) same at which time such alterations, addition or improvements will not materially or adversely affect the Building Systemsadditions, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basisimprovements, and (iii) partitions shall become the property of Landlord. All shelves, bins, machinery and trade fixtures installed by Tenant provides Landlord with prior notice of any such alterations, additions shall be removed on or improvements, including a reasonably detailed description before the earlier to occur of the alterations, additions or improvements. Landlord shall notify Tenant, at the time date of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this LeaseLease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. In any event, Landlord shall have right to require Tenant to remove any All alterations, additions 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 buildings and other improvements from situated on the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms or of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to which the Premises which may be required to install Tenant’s security systemare a part.

Appears in 1 contract

Samples: Lease Agreement (Integrated Information Systems Inc)

Alterations. (a) The construction and installation of Tenant Improvements is governed by Exhibit “D-1”. After the installation of the Tenant Improvements pursuant to Exhibit “D-1”, Tenant shall not make, make or permit allow to be made, made any alterations, additions installations, additions, or improvements in or to the Premises, or any part thereof, without the Landlord’s prior written consent, which consent shall not be unreasonably withheld. If Landlord fails to approve or disapprove any request within ten (10) business days after receipt of all necessary information, Landlord shall be deemed to have approved such alteration. Should Tenant desire to perform any alterations which are significant enough to require plans, Tenant shall submit such plans and specifications for same to Landlord for Landlord’s written approval before beginning such work. Upon receipt by Tenant of the written approval of Landlord of such plans and specifications, and upon payment by Tenant to Landlord of the reasonable out-of-pocket fees incurred by Landlord to have such plans and specifications reviewed, Tenant may proceed to make such approved alterations so long as they are in compliance with such approved plans and specifications and are performed by a contractor approved by Landlord, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises All installations shall be at Tenant’s sole cost and expense. Without in any way limiting Landlord’s consent rights, Landlord shall not be required to give its consent until (a) Landlord approves the contractor or person making such and approves such contractor’s insurance coverage to be provided in compliance connection with all Applicable Lawsthe work (such approval not to be unreasonably withheld), (b) Landlord approves final and in accordance with complete plans and specifications submitted for the work to the extent plans and specifications are necessary for such work and (c) the appropriate governmental agency, if any, has approved the plans and specifications for such work to the extent plans and specifications are necessary for such work. All work performed by Tenant or its contractor relating to the installations shall conform to applicable governmental laws, rules and regulations, including, without limitation, the Disability Acts. If Tenant requests that Landlord perform such installations, Tenant shall pay Landlord, as additional Rent, the cost thereof, plus five percent (5%) as reimbursement for Landlord’s overhead; however, in writing no event shall such fee be payable with respect to the installation of Tenant Improvements pursuant to Exhibit “D-1”. Each payment shall be made to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten within thirty (1030) days after Tenant’s receipt of such written consentan invoice from Landlord. Notwithstanding anything to the contrary hereinherein before contained, it shall not be necessary for Tenant to secure Landlord’s approval of any alterations, improvements or additions to the Premises provided such alterations cost less than $75,000, do not adversely affect the structure, HVAC system or exterior of the building or the Common Areas, and are not visible from the Common Area or the exterior of the Building. However, Tenant may construct non-structural shall give Landlord prior written notice of all alterations, additions regardless of whether Landlord has the right to approve same. All work performed by Tenant with respect to the Premises shall (a) be performed so as not to alter the exterior appearance of the Building, (b) be performed so as not to adversely affect the structure or safety of the Building, (c) comply with all laws, including without limitation all building, safety, fire, and other codes and governmental and insurance requirements, (d) be completed promptly and in a good and workmanlike manner and in a quality not less than Building Standard, (e) be performed at Tenant’s expense, and (f) be performed in such a manner that no valid mechanic’s, materialman’s, or other similar liens (collectively, the “Liens”) be attached to Tenant’s leasehold estate and in no event shall Tenant permit, or be authorized to permit, any Liens (valid or alleged) or other claims to be asserted against Landlord or Landlord’s rights, estates, and interests with respect to the Project or this Lease. Landlord will have the right, but not the obligation, to inspect periodically the work in the Premises. If any Lien is filed against the Premises or the Project or any portion thereof, Tenant shall cause same to be discharged within forty-five (45) days after the lien is filed by paying or bonding over said Lien. If Tenant fails to comply with the foregoing sentence, Landlord shall (without limitation of its other rights or remedies) have the right, but not the obligation, to discharge said Lien and Tenant shall immediately reimburse Landlord for any sum of money expended by Landlord in connection with obtaining such discharge (together with an additional ten percent (10%) thereof to cover Landlord’s administrative costs), which amount shall be deemed to be Rent hereunder for all purposes. Any approval by Landlord (or Landlord’s architect and/or engineers) of any of Tenant’s contractors or Tenant’s drawings, plans or specifications which are prepared in connection with any construction of improvements (including without limitation, the Tenant Improvements) in the Premises without Landlord’s prior approval so long shall not in any way be construed as (i) such alterations, addition or improvements will not materially constitute a representation or adversely affect warranty of Landlord as to the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description abilities of the alterationscontractor or the adequacy or sufficiency of such drawings, additions plans or improvements. Landlord shall notify Tenantspecifications or the improvements to which they relate, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterationsuse, additions purpose or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemcondition.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (I2 Technologies Inc)

Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, additions improvements, additions, utility installations or improvements repairs (hereinafter collectively referred to as "Alterations") to the Premises, or any part thereof, without except in accordance with this Section 4.2 and with the prior written consent of Landlord, which consent shall Landlord agrees not be unreasonably withheldto withhold, condition or delay as to nonstructural Alterations (nonstructural Alterations being those that do not materially, adversely affect the Building's structure, roof, exterior or mechanical, electrical, plumbing, life safety or other Building systems or architectural design, character or use of the Building or Premises). Normal repair and maintenance workWithout limiting any of the terms hereof Landlord will not approve any Alterations requiring unusual expense to readapt the Premises to normal office use on lease termination or increasing the cost of construction, including painting and re-carpeting, shall not be deemed to be an alteration, addition insurance or improvement taxes on the Building or of Landlord's services to the Premises, unless Tenant first gives assurances or security acceptable to Landlord that such re-adaptation will be made prior to such termination without expense to Landlord and makes provisions acceptable to Landlord for payment of such increased cost. Any alterations, additions or improvements to the Premises All Alterations made by Tenant shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and made in accordance with plans and specifications submitted which have been approved in writing by the Landlord, in Landlord's reasonable discretion, pursuant to Landlord a duly issued permit, and in accordance with all Laws and Restrictions, the provisions of this Lease and in a good and first-class workmanlike manner using new materials of same or better quality as base building standard materials, free of all liens and encumbrances. All Alterations shall be performed by a contractor or contractors selected by Tenant and approved in writingwriting by Landlord, in Landlord's reasonable discretion. Tenant agrees not to proceed to make Except for any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterationsAlteration costing less than $10,000.00 (per such Alteration), additions and improvements in Tenant shall pay to Landlord a fee equal to the Premises without Landlord’s prior approval so long as lesser of (i) such alterations, addition or improvements will not materially or adversely affect five percent (5%) of the Building Systems, (ii) the total cost of any such alterationsAlterations, additions or improvements does not exceed Twenty Thousand Dollars (ii) Landlord's actual costs incurred, to compensate Landlord for the overhead and other costs it incurs in reviewing the plans therefor and in monitoring the construction of the Alterations; in the event any non-structural Alteration costing less than $20,000) on 10,000.00 requires Landlord's specific review or monitoring, Tenant shall pay the reasonable third party cost therefor incurred by Landlord. If, as a per project basis, and (iii) Tenant provides Landlord with prior notice result of any Alterations made by Tenant, Landlord is obligated to comply with the Americans With Disabilities Act or any other Laws or Restrictions and such alterations, additions compliance requires Landlord to make any improvement or improvements, including a reasonably detailed description Alteration to any portion of the alterationsBuilding, additions as a condition to Landlord's consent, Landlord shall have the right to require Tenant to pay to Landlord prior to the construction of any Alteration by Tenant, the entire cost of any improvement or improvementsalteration Landlord is obligated to complete by such law or regulation. Tenant agrees to obtain or cause its contractor(s) to obtain, prior to the commencement of any work or Alterations, "builder's all risk" insurance in an amount and with such commercially reasonable coverages approved by Landlord and worker's compensation insurance in the statutorily required amount(s) and evidence of all such insurance shall be furnished to Landlord prior to the performance by such contractor(s) or person(s) of any work in respect of the Premises. Landlord shall notify have the right to stop any work not being performed in conformance with this Lease, and, at its option, but only after notice to Tenant and Tenant fails to promptly remedy such non-conformance, may repair or remove non-conforming work at the expense of Tenant. Tenant hereby indemnifies and holds Landlord harmless from and against any liens, encumbrances and violations of Laws and Restrictions. The filing of any lien or encumbrance, or the violation of Laws or Restrictions, shall constitute a default hereunder. The repair and indemnity obligations of Tenant hereunder, including Tenant's obligations to repay Landlord the cost of repairing or removing Alterations, shall survive the termination of this Lease. All Alterations performed by Tenant in the Premises shall remain therein (unless, at the time of Landlord’s 's consent to any alterationstherefore, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Landlord directs Tenant will be required to remove any such alterationsthe same on termination or expiration of this Lease) and, additions at termination or improvements from expiration, shall be surrendered as a part thereof, except for Tenant's usual trade fixtures, furniture and equipment installed prior to or during the Premises Lease term at Tenant's cost, which trade fixtures, furniture and equipment Tenant shall remove in their entirety prior to the termination or expiration or sooner termination of this Lease. In Tenant agrees to repair any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations all damage to the Premises which may be required resulting from such removal (including removal of Tenant's Alterations directed by Landlord) or, if Tenant fails to install Tenant’s security systemdo so and Landlord so elects, to pay Landlord for the cost of any such repairs forthwith after billing therefor.

Appears in 1 contract

Samples: Lease (Soundbite Communications Inc)

Alterations. (a) Except for any initial improvement of the Premises by Landlord pursuant to the Approved Plans and Specifications as defined in Exhibit C, which shall be governed by the provisions of said Exhibit C and any improvements costing less than $20,000 and which do not affect the structure or systems of the Building, Tenant shall not make, suffer or permit to be made, made any alterations, additions or improvements to or of the Premises, Premises or any part thereof, or attach any fixtures or equipment thereto, without the prior first obtaining Landlord's written consent of Landlordconsent, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any such alterations, additions or improvements to the Premises consented to by Landlord shall be at made by Landlord or under Landlord's supervision for Tenant’s sole cost 's account by a contractor approved by Tenant and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead and services not to proceed to make any exceed five (5%) percent of the costs of such alterations), additions or improvementsas Rental, notwithstanding consent from Landlord to do so, until within ten (10) days after Tenant’s receipt of a statement. The Tenant Improvements and all such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in improvements, except for computers and related equipment associated with the Data Center, shall become Landlord's property at the expiration or earlier termination of the term hereof and shall remain on the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect compensation to Tenant unless Landlord elects by notice to Tenant at the Building Systems, (ii) the total cost of any time Landlord approves such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) to have Tenant provides Landlord with prior notice of any remove such alterations, additions or and improvements, including a reasonably detailed description of the alterationsin which event, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to notwithstanding any alterations, additions or improvements, or if Landlord’s consent is not required for any contrary provisions respecting such alterations, additions or and improvements as specified herein (including any security system installed by Tenant)contained in Paragraph 9 hereof, within fifteen (15) days after Tenant’s request for a determination by LandlordTenant shall promptly restore, whether Tenant will be required at its sole cost and expense, the Premises to remove any its condition prior to the installation of such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any eventand improvements, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans normal wear and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemtear excepted.

Appears in 1 contract

Samples: Interland Inc /Mn/

Alterations. (a) 7. Tenant shall make no decoration, alteration, addition or improvement in the Premises, without the prior written consent of Landlord, and then only by contractors or mechanics and in such manner and with such materials as shall be approved by Landlord which shall not makebe unreasonably withheld or delayed. Notwithstanding the foregoing, however, Landlord's prior negative experience with, concerns regarding the financial stability or, and any criminal proceedings pending against, any such contractor or permit mechanic shall be deemed to be made, any a reasonable basis upon which for Landlord to refuse to grant its approval. All alterations, additions or improvements to the Premises, or any part thereofincluding window and central air conditioning equipment and duct work, without except movable office furniture and equipment installed at the prior written consent expense of Tenant, shall, unless Landlord elects otherwise in writing, become the property of Landlord, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance surrendered with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of the term of this Lease. In Any such alterations, additions and improvements which Landlord shall designate, shall be removed by Tenant and any eventdamage repaired, at Tenant's expense, prior to the expiration of the term of this Lease. Notwithstanding anything to the contrary set forth above, Landlord agrees that it shall have right to not require Tenant to remove any alterations, additions or improvements from made in/or to the Premises that were other than (i) those which are not customarily found in the Premises used for the purposes permitted under this Lease and those which are not of a building standard nature, (ii) those which would require extraordinary effort for Landlord to remove (iii) those raises computer floors, internal staircase, dumbwaiters, pneumatic tubes, vertical and horizontal transportation systems, vaults, safes, and medical installations, if any, and any alterations, additions or improvements made specifically in connection with any food service and/or food preparation facilities installed by Tenant (e.g., without Landlord’s limitation, vents, hoods, grease traps, sinks, etc.) in the Premises (collectively "Special Alterations"), and (iv) those which are installed or performed without the prior written consent if such consent of Landlord where same is required by the terms of this paragraph ll(a)Lease. Tenant shall not, however, be required to remove In any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary hereinforegoing events, Tenant shall have remove the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for foregoing from the installation of Premises at Tenant’s security system 's expense prior to the installation thereof expiration or sooner termination of this Lease. Upon such removal, Tenant shall immediately and provided further that Landlord shall have reasonable approval rights over at its expense, repair and restore the Premises to the condition existing prior to such alternation, addition or improvement and repair any alterations and all damage to the Premises which may be required or the Building due to install Tenant’s security systemsuch removal.

Appears in 1 contract

Samples: Lease (Fusion Telecommunications International Inc)

Alterations. (a) Tenant shall not makemake no alterations or changes, structural or permit otherwise, except for non-structural alterations which are cosmetic in nature (i.e., consisting of painting and carpeting) to be made, any alterations, additions or improvements to part of the Premises, either exterior or any part thereofinterior, without the prior Landlord's written consent (such consent not to be unreasonably delayed, withheld in the case of Landlord, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or 's improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and made in accordance with plans and specifications submitted in writing to Landlord and approved in writingArticle 26 below). Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to In the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost event of any such alterationsapproved changes, additions 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 or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basishereafter to be made or enforced in the municipality, and (iii) Tenant provides Landlord with prior notice of any county and/or state, which pertain to such alterationswork. Any additions, additions or improvements, alterations and/or installations made by Tenant (except only office furniture, business and trade fixtures or any equipment including but not limited to, Network Operations Equipment (as defined in Paragraph 12) and related communication and equipment and wiring) shall become and remain a reasonably detailed description part of the alterationsBuilding and be and remain Landlord's property upon the termination of Tenant's occupancy of said Premises, additions or improvements. unless Landlord shall notify Tenant, advise Tenant at the time of Landlord’s 's consent to any alterationssuch addition or alteration, additions that such addition or improvementsalteration, etc. will be required to be removed by Tenant upon the expiration or if Landlord’s consent is termination of this Lease, Tenant shall not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterationsalteration 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. 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 Building, in its sole discretion provided, however, that if such changes (i) materially and adversely affect Tenant's use of the Premises, or improvements from the Premises at parking or common areas, or (ii) materially reduce the expiration or sooner termination Building's level of this Lease. In any eventcommon area finishes and services, Landlord shall not make such changes without Tenant's prior approval, which shall not be unreasonably withheld, conditioned or delayed. 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 Tenant's proposed alterations will have right an adverse impact on the structural components or Common Facilities of the Building and to require Tenant 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 remove 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 conformance with any alterations, additions insurance or improvements from other requirements which affect the Premises that were made by Tenant without Landlord’s consent if such consent is required by or the terms of this paragraph ll(a). Tenant shall notBuilding, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, and Tenant shall have the right to install its own security system without sole responsibility of complying with all such requirements notwithstanding Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation 's approval of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system's plans.

Appears in 1 contract

Samples: Office Lease (E Spire Communications Inc)

Alterations. 8.01 (aA) Tenant shall not makemake no decoration, alteration, addition or permit improvement in the Premises, without the prior written consent of Landlord, and then only by contractors or mechanics and in such manner and time, and with such materials, as reasonably approved by Landlord (notwithstanding the foregoing, however, Landlord’s prior negative experience with, concerns regarding the financial stability of, and any criminal proceedings pending against, any such contractor or mechanic shall be deemed to be made, any a reasonable basis upon which for Landlord to refuse to grant its approval). All alterations, additions or improvements to the Premises, or any part thereofincluding air-conditioning equipment and duct work, without except movable office furniture and trade equipment installed at the prior written consent expense of Tenant, shall, unless Landlord elects otherwise in writing, become the property of Landlord, which consent and shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to surrendered with the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of the term of this Lease. In any event, Landlord shall have right to require Tenant to remove any Any such alterations, additions or and improvements which Landlord shall designate, shall be removed by Tenant and any damage repaired, at Tenant's expense, prior to the expiration of this Lease, unless written request has been made by Tenant at the time of Tenant’s request for Landlord’s approval of the installation of such item(s) by means of the following sentence in capital letters: TENANT REQUESTS THAT LANDLORD NOTIFY TENANT TOGETHER WITH LANDLORD’S CONSENT TO THE ENCLOSED TENANT'S PLANS WHETHER LANDLORD REQUIRES ANY ALTERATION SHOWN ON THE ENCLOSED PLANS TO BE REMOVED FROM THE PREMISES AT THE EXPIRATION OR SOONER TERMINATION OF THE TERM. IF LANDLORD SHALL FAIL TO RESPOND HERETO AT THE TIME OF LANDLORD’S CONSENT TO SUCH ALTERATION AND RESERVE SUCH RIGHT, THEN LANDLORD SHALL BE DEEMED TO HAVE WAIVED LANDLORD’S RIGHT TO REQUIRE SUCH ALTERATION TO BE REMOVED AT THE END OF THE TERM. Landlord elects by notice to Tenant in response thereto to relinquish Landlord's right thereto and to have them removed by Tenant, in which case, the item(s) shall be removed from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall notTenant, however, be required to remove and any of the Tenant Improvements from the Premises. Notwithstanding anything resulting damage to the contrary hereinPremises or the Building repaired by Tenant, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of at Tenant’s security system 's expense, prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to expiration of the Premises which may be required to install Tenant’s security systemLease.

Appears in 1 contract

Samples: Lease (Fusion Telecommunications International Inc)

Alterations. (a) Tenant shall not makemake any repairs, alterations or additions to the demised premises or tile building of which the demises premises are a part nor detach, or permit affix any articles thereto nor make any repairs, alterations or additions to be madethe electrical service and heating, cooling and air conditioning, plumbing or sprinkler system without the written consent of the landlord. If alterations become necessary because of the application of laws or ordinances or other directions, rules or regulations of any regulatory authority having jurisdiction over the business carried on by Tenant, or because of any act or default on the part of Tenant, or because Tenant has overloaded any electrical or other facility. Tenant shall make such alterations at its own cost and expense after first obtaining Landlord’s written approval of plans and specifications and furnishing such indemnifications against liens, costs and damage as Landlord may reasonably require. All alterations, additions additions, improvements and fixtures, other than trade fixtures, which may be made or improvements Installed by Tenant upon the demised premises and which in any manner are attached to the Premisesfloors, walls or any ceiling, at the termination of this Lease shall become the property of Landlord, unless Landlord requests their removal, and shall remain upon and be surrendered with the demised, premises as a part thereof, without the prior written consent of Landlorddamage or injury, which consent shall not be unreasonably withheldall without compensation or credit to Tenant. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at If Landlord requests Tenant’s sole cost and expense, in compliance with all Applicable Lawswriting, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt Tenant shall, on or before the end of the term, remove all such written consent. Notwithstanding anything to the contrary hereinadditions, Tenant may construct non-structural alterations, additions installations and improvements fixtures placed in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect demised premises by Tenant and SO designated by landlord and Tenant shall pay for the Building Systems, (ii) the total reasonable cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required repairing damage occasioned by the terms of this paragraph ll(a)removal. Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install insure its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemleasehold improvements.

Appears in 1 contract

Samples: Lease (Smartdisk Corp)

Alterations. (a) Except for any initial improvement of the Demised pursuant to Exhibit "D", which shall be governed by the provisions of said Exhibit "D", Tenant shall not make, suffer or permit to be made, made any alterations, additions or improvements to or of the PremisesDemised Premises or any party thereof, or any part thereoffixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the prior written consent structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord, which 's consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be at made by Landlord or under Landlord's supervision for Tenant’s sole cost 's account and expenseTenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), in compliance with all Applicable Lawsas Rent, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until within ten (10) days after Tenant’s receipt of a statement. All such written consent. Notwithstanding anything alterations, additions, and improvements shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to the Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, 5 42 notwithstanding any contrary herein, Tenant may construct non-structural provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises without Landlord’s to its condition prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect to the Building Systems, (ii) the total cost installation of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans normal wear and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemtear excepted.

Appears in 1 contract

Samples: Agreement (Delta Air Lines Inc /De/)

Alterations. (a) Tenant shall not make, or permit to be made, any may make alterations, additions or improvements to the Premises, or including any part thereofTenant Work identified on attached Exhibit C (the “Alterations”), without only with the prior written consent of Landlord, which consent which, with respect to Alterations not affecting the structural components of the Premises or utility systems therein, shall not be unreasonably withheld, conditioned, or delayed. Normal repair Landlord shall have thirty (30) days in which to respond to Tenant's request for any Alterations so long as such request includes the name of Tenant's contractors and maintenance workreasonably detailed plans and specifications therefor. The term “Alterations” shall not include the installation of shelves, including painting movable partitions, Tenant's equipment, and re-carpetingtrade fixtures that may be performed without damaging existing improvements or the structural integrity of the Premises, the Building, or the Property, and Landlord's consent shall not be deemed to be an alteration, addition required for Tenant's installation or improvement to the Premisesremoval of those items. Any alterations, additions or improvements to the Premises Tenant shall be perform all work at Tenant’s sole cost 's expense and expense, in compliance with all Applicable Laws, applicable laws and shall complete all Alterations in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required using contractors approved by Landlord, and in a manner so as not to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a)unreasonably interfere with other tenants. Tenant shall notpay, howeverwhen due, or furnish a bond for payment (as set forth in Section 20) all claims for labor or materials furnished to or for Tenant at or for use in the Premises, which claims are or may be required to secured by any mechanics' or materialmens' liens against the Premises or the Property or any interest therein. Tenant shall remove any all Alterations at the end of the Lease term unless Landlord conditioned its consent upon Tenant Improvements from leaving a specified Alteration at the Premises. Notwithstanding anything to the contrary herein, in which case Tenant shall have the right to install its own security system without not remove such Alteration, and it shall become Landlord’s consent so long as 's property. Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over immediately repair any alterations damage to the Premises which may be required to install Tenant’s security systemcaused by removal of Alterations.

Appears in 1 contract

Samples: Lease Agreement

Alterations. (a) Except as set forth herein, Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the Premises, or any part thereof, Premises without the prior written consent of LandlordLandlord Tenant, which consent shall at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires, provided that (i) such items do not alter the basic character of the Premises or the Building, (ii) such items do not overload or damage same, (iii) such items may be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement 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. Any With respect to tenant improvements constructed after Substantial Completion, Tenant shall be responsible for compliance with The Americans With Disabilities Act of 1990 Landlord shall be responsible for having the shell building and Tenant Improvements upon Substantial Completion comply with The Americans With Disabilities Act of 1990 Without implying any consent of Landlord thereto, all alterations, additions additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease. Tenant may remove, either during or at the termination of the Lease, all bus duct, all elements relating to the cleaning and packaging room, the exhaust system for the grinding and polishing room, the air compressors to run the internal compressed air lines and the outside signage All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the day of termination or expiration of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition, wear and tear excepted. All alterations, installations, removals and restorations 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 or other improvements situated on the Premises or of which the Premises are a part. Tenant is allowed to make changes to the space upon the Landlord’s consent Tenant is allowed to make, without consent, up to $50,000 per year of improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything subsequent to the contrary hereinconstruction of the initial Tenant Improvements, Tenant may construct non-structural alterations, additions and if such improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will do not materially or adversely affect the structure of the Building SystemsExcept for improvements made by the Tenant to the mezzanine level of the Premises, (ii) the total cost of any such alterations, additions improvements are subject to demolition upon the termination or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) expiration of this Lease if Landlord notifies Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at to the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or that the improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant are constructed that demolition will be required at the termination or expiration of this Lease Improvements to remove any such alterations, additions or improvements from the mezzanine level of the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install be demolished at the termination of the Lease If required, Landlord must notify Tenant of such requirement at least three (3) months prior to the termination of the Lease Any demolition required under this provision is to be performed by Tenant, at Tenant’s security systemcosts.

Appears in 1 contract

Samples: Lease Agreement (DJO Finance LLC)

Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, additions or improvements Improvements to the Premises, or any part thereof, premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Normal repair but at its own cost and maintenance work, including painting expense and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any in a good workmanlike manner make such minor alterations, additions or improvements to or erect, remove or alter such partitions, or erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the Premises shall be at Tenant’s sole cost basic character of the building or Improvements and expense, in compliance with all Applicable Lawswithout overloading or damaging such building or Improvements, and in accordance each case complying with plans all applicable governmental laws, ordinances, regulations and specifications submitted in writing to Landlord and approved in writingother requirements. Tenant agrees not to proceed to make any All alterations, additions or improvementsadditions, notwithstanding consent from improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall unless Landlord to do sootherwise elects as hereinafter provided, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural remove all alterations, additions additions, improvements and improvements in partitions erected by Tenant and restore the Premises without Landlord’s premises to their original condition by the date of termination of this lease; provided, however, that if Landlord so elects prior approval so long as (i) to termination of this lease, such alterations, addition or additions, improvements will not materially or adversely affect and partitions shall become the Building Systemsproperty of Landlord as of the date of termination of this lease, (ii) the total cost of any such alterations, additions or additions, improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basisand partitions shall become the property of Landlord as of the date of termination of this lease and shall be delivered up to the landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and (iii) shall be removed by Tenant provides at Tenant's expense if required by Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at upon the expiration or sooner termination of this Lease. In lease; upon any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). removal Tenant shall not, however, restore the premises to their original condition. All such removals and restoration shall be required accomplished in a good workmanlike manner so as not to remove any damage the primary structure or structural qualities of the Tenant Improvements from buildings and other improvements situated on the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systempremises.

Appears in 1 contract

Samples: Lease Agreement (Universal Beverages Holdings Corp)

Alterations. (a) Tenant The TENANT shall not make, or permit to be made, make any alterations, additions or improvements alterations to the Premises, or any part thereof, Lease Premises without the prior written consent of Landlordthe LANDLORD, which such consent shall not to be unreasonably withheldwithheld or delayed. Normal repair and maintenance work, including painting and re-carpeting, If the TENANT shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed desire to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not it shall furnish plans and specifications of the work to be so performed together with a construction statement Containing a complete breakdown of the cost of all labor and material included therein, and together with an escrow of cash with Title Services, Inc. in an amount equal to the estimated cost of all such work, if it should exceed Twenty Thousand Dollars one thousand dollars ($20,0001,0OO.OO). TENANT agrees to obtain a building permit from the city for any alterations exceeding fifty dollars ($SO.OO) on in cost. TENANT agrees that all such work shall be done in a per project basisgood, workmanlike manner, and (iiiin compliance with applicable building codes and all applicable Iaws, including, without limitation, the American Disabilities Act, that the structural integrity of the Building shall not be impaired, and that no liens shall attach to the Building or Leased Premises by reason thereof. No such alteration(s) Tenant provides Landlord with prior notice shall change the office/finish area to storage/service area ratio without LANDLORD'S permission. The TENANT shall, before the expiration of the Lease, restore the Leased Premises to its original condition unless the LANDLORD elects that all or a part of the alterations may remain. Any such alterations shall become the property of LANDLORD as soon as they are affixed to the Leased Premises and all right, title and interest therein of the TENANT shall immediately cease unless otherwise stated in writing. The TENANT however, shall remain the owner of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant trade fixtures and shall have the right to install its own security system without Landlord’s consent remove such trade fixtures at the expiration of this Lease Agreement, so long as Tenant provides Landlord with plans and specifications the Lease Premises and/or Building is restored to its original conditions. TENANT agrees that, if by reason of TENANT'S operations, the use to which TENANT puts the space, or any alterations made by TENANT (whether or not approved unconditionally by LANDLORD), applicable law, including, without limitation, the American Disabilities Act, requires further alterations or modifications of the lease premises or the building(s), that the TENANT will make such alterations or modifications so as to promptly address such requirements; or, if TENANT fails to do so, that TENANT will reimburse LANDLORD promptly for the installation cost of Tenant’s security system prior such alterations or modifications as LANDLORD may make upon TENANT'S default (LANDLORD having the right but not the obligation to make such alterations or modifications under that circumstance); and that this provision shall survive termination or expiration of the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemlease.

Appears in 1 contract

Samples: Chronimed Inc

Alterations. (a) Tenant shall not make, make or permit allow to be made, made any material alterations, additions or improvements to the PremisesPremises (defined as alterations, additions or improvements costing in excess of $5,000.00), or any part thereofalterations, additions or improvements which affect the structural or mechanical systems of the Building, either at the inception of the Lease or subsequently during the Term, without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld. Normal repair Tenant shall deliver to Landlord the contractor's name, references and maintenance workstate license number, including painting as well as full and re-carpetingcomplete plans and specifications of all such alterations, additions or improvements, and any subsequent modifications or additions to such plans and specifications, and no proposed work shall not be deemed to be an 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 to on or before fifteen (15) days following receipt of all of the Premisesforegoing items. Any 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 shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writingPremises. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such All alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basisshall remain the property of Tenant until termination of the Lease, at which time they shall, unless otherwise elected by Landlord by written notice to Tenant, be and (iii) become the property of Landlord. Landlord shall, at the time Tenant provides Landlord with prior notice seeks Landlord's approval of any such alterations, additions or improvements, including a reasonably detailed description of the alterationsnotify Tenant whether Landlord will, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner earlier termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any partitions, counters, railings and/or other improvements installed by Tenant during the Term. Tenant shall repair all damage resulting from such removal or, at Landlord's option, shall pay to Landlord all costs arising from such removal. All repairs, alterations, additions or improvements from the Premises that were made and restorations by Tenant without Landlord’s consent if such consent is hereinafter required or permitted shall be done in a good and workmanlike manner and in compliance with all applicable laws and ordinances, building codes, by-laws, regulations and orders of any federal, state, county, municipal or other public authority and of the insurers of the Premises. If required by the terms of this paragraph ll(a)Landlord, Tenant shall secure at Tenant's own cost and expense a completion and lien indemnity bond or other adequate security in form and substance reasonably satisfactory to Landlord. Tenant shall not, however, be required 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 remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with time) for reviewing and approving or disapproving plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemproposed alterations.

Appears in 1 contract

Samples: Lease (Data Critical Corp)

Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, additions or improvements (collectively referred to as “Alterations”) to the Premises, or any part thereof, Premises without the prior written consent of Landlord, which consent Landlord shall not be unreasonably withheldrequired to notify Tenant of whether it consents to any Alterations until it (a) has received plans and specifications in a CAD disk format therefore which are sufficiently detailed to allow construction of the work depicted thereon to be performed in a good and workmanlike manner, and (b) has had a reasonable opportunity to review them. Normal repair If the Alterations will affect the Building’s structure, HVAC system, or mechanical, electrical, or plumbing systems, then the plans and maintenance work, including painting specifications therefore must be prepared by a licensed engineer reasonably acceptable to Landlord and re-carpeting, provided to Landlord in a CAD disk format. Landlord’s approval of any plans and specifications shall not be deemed a representation that the plans or the work depicted thereon will comply with law or be adequate for any purpose, but shall merely be Landlord’s consent to performance of the work. Upon completion of any Alteration, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefore in a CAD disk format.Tenant may erect shelves, bins, machinery and trade fixtures (collectively “Tenant Installations”) provided that such items (1) do not alter the basic character of the Premises or the Building; (2) do not overload or damage the same; and (3) may be an alteration, addition or improvement removed without damage to the Premises. Any Unless Landlord specifies in writing otherwise, all alterations, additions or additions, and improvements shall be Landlord’s property when installed in the Premises. Unless Landlord notifies Tenant to the Premises contrary, all shelves, bins, communications cables, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the day of termination or expiration of this Lease, or vacating the Premises, at Tenantwhich time Tenant shall restore the Premises to their original condition. All work performed by Tenant in the Premises (including that relating to the installations, repair replacement or removal of any item) shall be performed in accordance with all applicable governmental laws, ordinances, regulations, and with Landlord’s specifications and requirements, in a good and workmanlike manner, and so as not to damage or alter the Building’s structure or the Premises. Tenant shall be responsible for compliance with 1) The Americans With Disabilities Act of 1990 as amended (hereafter “ADA”) and 2) the Texas Elimination of Architectural Barriers Act (hereafter TEAB”) or any successor statute to the ADA or TEAB. Tenant shall also be responsible for compliance with all applicable laws, ordinances, and regulations with respect to tagging, installation and removal of communications cable in, above, appurtenant to, or associated with the Premises. At Landlord’s option, Tenant at its sole cost and expenseexpense shall remove all communications cable installed by it, in compliance with all Applicable Lawsor on its behalf, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten utilized by it (10even if installed by others) days after during Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description occupancy of the alterations, additions Leased Premises. No communications cable installed or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made utilized by Tenant without Landlord’s consent if such consent is required shall be abandoned by the terms of this paragraph ll(a). Tenant shall not, however, be required after it ceases to remove any of the Tenant Improvements from occupy the Premises. Notwithstanding anything to The term “communications cable” includes wire, cable, fiber optic or any other physical method of electronic, electrical or optical transmission, of a) data, b) information, c) voice and other sound, d) pictures, motion picture, video or images, or e) other communication of any kind whatsoever including use as or for audio speaker, computer network, internet, intranet, electronic mail, fire, security and/or other emergency or alarm systems, optical fiber, communications circuits, radio, television, satellite, computer, coaxial, or network powered broadband whether within or outside the contrary hereinPremises. In connection with any such Alteration, Tenant shall have the right pay to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications an administration fee of five percent (5%) of all costs incurred for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemsuch work.

Appears in 1 contract

Samples: Lease Agreement (Tangoe Inc)

Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the PremisesPremises or penetrate any roof or exterior demising wall, or install any antenna, satellite dish, or any part thereofexterior structure, without the prior written consent of Landlord, which consent shall not to be unreasonably withheld. Normal repair Any interior work to the Premises will also require the prior written consent of Landlord, unless work done is strictly aesthetic in nature, i.e. painting, picture hanging, etc. Alterations, additions, and maintenance workimprovements erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, including painting unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and re-carpetingpartitions erected by Tenant and restore the Premises to their original condition upon Commencement Date by the date of termination of this Lease or upon earlier vacating of the Premises; provided however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations, additions, and improvements shall not become the property of the Landlord as of the date of termination of the Lease or upon earlier vacating of the Premises, and shall be deemed delivered up to be an alteration, addition or improvement to the Landlord with the Premises. Any alterationsHowever, additions or improvements any and all non-structural alterations to the Premises shall be per this Section 6 of the Lease are the sole property of the Tenant. . Tenant, at Tenant’s sole its own cost and expense, in compliance may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not alter the basic character of the Premises or the building and/or improvements of which the Premises are a part; (b) such items do not overload or damage the same; (c) such items may be removed without injury to the Premises; and (d) the construction, erection or installation thereof complies with all Applicable Lawsapplicable governmental laws, ordinances, regulations and with Landlord’s specifications and requirements. All shelves, bins, machinery, and in accordance with plans and specifications submitted in writing trade fixtures installed by Tenant shall be removed on or before the earlier to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description occur of the alterations, additions or improvements. Landlord shall notify Tenant, at the time date of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this LeaseLease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition upon Commencement Date. In any event, Landlord shall have right to require Tenant to remove any All alterations, additions installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structural qualities of the buildings and other improvements from situated on the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms or of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to which the Premises which may be required to install Tenant’s security systemare a part.

Appears in 1 contract

Samples: Lease Agreement (Cryo Cell International Inc)

Alterations. (a) Tenant shall not make, or permit to be made, any make alterations, additions or improvements to the PremisesPremises (i) that affect the Building's structure or exterior appearance, or (ii) that would change any part thereofof the leasehold improvements installed by Landlord at Landlord's expense for Tenant (the "Initial Leasehold Improvements") in any manner that would materially reduce their value, without in either case obtaining the prior written consent of Landlord, which consent shall will not be unreasonably withheld. Normal repair If Landlord consents to Tenant's contractors doing any alteration exceeding $100,000 in cost, Landlord may require that Tenant provide, at Tenant's expense, a lien and maintenance completion bond in an amount equal to 115% of the estimated costs of improvements, additions or alterations in the Premises to insure Landlord against any liability or mechanic's and materialmen's liens which may arise in accordance with Paragraph 23 of this Lease and to insure completion of the work. Tenant may, including painting with prior notice to Landlord but without obtaining Landlord's consent, at its own cost and re-carpetingexpense and in a good workmanlike manner, shall not be deemed to be an alteration, addition or improvement to the Premises. Any (i) make such nonstructural alterations, additions or improvements to that do not affect the Premises shall be at Tenant’s sole cost Building's exterior appearance and expensethat will not change any Initial Leasehold Improvements in any manner that would materially reduce their value, in compliance with all Applicable Lawsor (ii) erect, remove or alter such partitions, or erect such shelves, bins, machinery and trade fixtures 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 accordance each case complying with plans all applicable governmental laws, ordinances, regulations, and specifications submitted other requirements. All alterations, additions, improvements and partitions erected by Tenant (i.e., excluding the Initial Leasehold Improvements) shall be and remain the property of Tenant provided, however, that, subject to the next paragraph, Tenant shall, if Landlord so elects, remove all such alterations, additions, improvements, and partitions erected by Tenant and repair any damage caused by such removal by the date of termination of this Lease; otherwise such improvements shall become the property of the Landlord as of the date of the end of the term of this Lease (as such term may be extended pursuant to any renewals, extensions or holdover period) and shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this tease if Tenant so elects, and shall be removed if required by Landlord; upon any such removal Tenant shall repair any damage caused by such removal. All such removals and restoration shall be accomplished in writing to Landlord and approved in writing. Tenant agrees good workmanlike manner so as not to proceed damage the primary structure or structural qualities of the building and other improvements situated on the Premises. Notwithstanding the foregoing, if Tenant asks Landlord, prior to make installing any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises same at the expiration or sooner termination end of this Lease. In any eventthe lease term, Landlord shall have right to require then Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, will only be required to so remove any of such alterations if Landlord so states within 30 days after the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemrequest.

Appears in 1 contract

Samples: Lease Agreement (Koala Corp /Co/)

Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the Premises, or any part thereof, Premises without the prior written consent of Landlord, which such consent shall with respect to non-structural interior alterations not to be unreasonably withheld, conditioned, or delayed. Normal repair and maintenance workNotwithstanding the aforesaid, including painting and re-carpetingTenant, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, may install trade fixtures as Tenant may deem necessary, so long as such trade fixtures do not penetrate or disturb the structural integrity and support provided by the roof, exterior walls or subfloors or require excavation of the floor slab or disturbance of column supports. All such trade fixtures, as well as any other alterations, additions or improvements made by Tenant with the aforesaid approval of Landlord, shall be constructed and/or installed by contractors approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed, in a good and workmanlike manner, and in compliance with all Applicable Lawsapplicable governmental and quasi-governmental laws, ordinances and regulations, as well as all requirements of Landlord’s insurance carrier. If applicable, a list of Landlord’s pre-approved Tenant alterations, approved subject to review of Tenant drawings and compliance with the preceding provisions of this Section 9, is set forth on Exhibit E. Other than the initial improvements to be made by Tenant incidental to Tenant’s initial occupancy of the Premises (hereby shown in accordance with plans Exhibit E and specifications submitted in writing for purposes of this paragraph the “Tenant’s Initial Alterations”), then it is agreed that, subject to Landlord and approved in writing. the following provisions of this paragraph, upon the expiration or earlier termination of this Lease, Tenant agrees not to proceed to make any shall at Tenant’s sole expense remove all alterations, additions or improvementsimprovements installed by Tenant within the Premises, including any materials other than paint which are applied to the columns, decking or joists, properly fill all holes in the floor and remove all above the floor improvements installed by Tenant, and upon such removal, Tenant shall at Tenant’s sole expense restore the Premises to a condition substantially similar to that condition when received by Tenant. However, notwithstanding consent from Landlord to do sothe aforesaid, until ten (10i) days after Tenantupon Landlord’s receipt written election, all or a portion of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in shall revert to Landlord and shall remain within the Premises without Landlord’s prior approval so long as (i) such alterationsPremises, addition or improvements will not materially or adversely affect the Building Systems, and (ii) in the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord event that with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent respect to any alterations, additions and/or improvements other than the Tenant’s Initial Alterations, Tenant desires that said alterations, additions and/or improvements remain on the Premises at the expiration or improvementsearlier termination of this Lease, or if at the time Tenant submits its request for Landlord’s consent is not required for any to such alterations, additions and/or improvements, Tenant shall list those items which Tenant desires to remain on the Premises at the expiration or improvements as specified herein (including any security system installed by Tenant)earlier termination of this Lease, and Landlord shall within fifteen (15) days after Tenant’s request for a determination by Landlordsubsequent to the date of such request, notify Tenant whether it has agreed that such items shall remain on the Premises at the time of the expiration or earlier termination of this Lease, and to the extent Landlord shall at that time not agree that such items shall remain on the Premises at the time of the expiration or earlier termination of this Lease, subject to the provisions of the immediately preceding clause (i), at the time of the expiration or earlier termination of this Lease, Tenant will be required to shall remove any all such alterations, additions or and/or improvements from in accordance with the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any provisions of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systempreceding sentence.

Appears in 1 contract

Samples: Warehouse Lease Agreement (Sand Hills, Inc)

Alterations. (a) Tenant shall not make, or permit to be made, make any major alterations, additions additions, or improvements to the Premises, or any part thereof, demised premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Normal repair Tenant may without the consent of Landlord, but at its own cost and maintenance workexpense and in a good workmanlike manner, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any make such minor alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expenseadditions, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is erect, remove, or alter such partitions, or erect such shelves, bins, machinery, and trade fixtures as it may deem advisable, (including, but not required for any such alterationslimited to installation of freezers and refrigeration units) without altering the basic character of the building or improvements, additions or improvements as specified herein (and in each case complying with all applicable governmental laws, ordinances, regulations, and other requirements. Tenant shall promptly pay the costs of all work performed and shall indemnify and hold harmless the Landlord against liens, costs, damages and expenses incurred in connection therewith; including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination attorneys' fees incurred by Landlord, whether if Landlord shall be joined in any action or proceeding involving such work. Under no circumstances shall Tenant will be required to remove commence any such alterationswork until Landlord has been provided with certificates evidencing that all contractors and subcontractors performing the work have in full force and effect adequate workmen's compensation insurance as required by the Laws of the State, additions or improvements from as well as public liability and builders risk insurance in such amounts, and according to terms satisfactory to Landlord. At the Premises at the expiration or sooner termination of this Lease. In any event, Tenant shall, if Landlord shall have right to require Tenant to so elects, remove any all alterations, additions or improvements from the Premises that were made additions, improvements, and partitions erected by Tenant without Landlord’s consent and restore the premises to their original conditions, otherwise such improvements shall be delivered up to Landlord with the premises. All shelves, bins, machinery, and trade fixtures installed by Tenant may be removed if such consent is required by Landlord. All such removals and restorations; shall be accomplished in a good workmanlike manner so as not to damage the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any primary structure or structural qualities of the Tenant Improvements from building and other improvements situated on the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemdemised premises.

Appears in 1 contract

Samples: Military Resale Group Inc

Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, additions or improvements alterations to the Premises, or to the Project, including any part thereofchanges to the existing landscaping, without the Landlord's prior written consent WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD. NOTWITHSTANDING THE FOREGOING, TENANT SHALL HAVE THE RIGHT TO (I) PAINT AND CARPET THE PREMISES, AND (II) UNDERTAKE OTHER NON-STRUCTURAL ALTERATIONS COSTING LESS THAN $50,000, WITHOUT LANDLORD'S PRIOR WRITTEN CONSENT, BUT WITH NOT LESS THAN THIRTY (30) DAYS PRIOR WRITTEN NOTICE TO LANDLORD. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the laws of the state in which the Premises are located. Any alterations make shall remain on and be surrendered with the Premises upon expiration of the Term, except that Landlord may, within 30 days before or 30 days after expiration of the Term UNLESS TENANT, AT ITS SOLE AND EXPENSE, REMOVES SAME, AND RESTORES THE PREMISES TO ITS CONDITION AS OF THE COMMENCEMENT DATE, REASONABLE WEAR AND TEAR EXCEPTED, OR UNLESS LANDLORD NOTIFIES TENANT AS A CONDITION OF ITS CONSENT TO REMOVE ANY PARTICULAR IMPROVEMENT, OR PORTION THEREOF, AND RESTORE THE PREMISES TO THE CONDITION IMMEDIATELY PRIOR TO THE INSTALLATION OF THE PARTICULAR IMPROVEMENT. Should Landlord consent in writing to Tenant's alteration of the Premise, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Lawsapplicable laws, statutes and regulations. All such construction shall be performed in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements a manner which will not materially or adversely affect interfere with the Building Systems, (ii) the total cost quiet enjoyment of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description other tenants of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a)Project. Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant pay all costs for such construction and shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to keep the Premises and the Project free and clear of all mechanics' liens which may be required to install result from construction by Tenant’s security system.

Appears in 1 contract

Samples: Global Directmail Corp

Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the Premises, or any part thereof, Premises without the prior written consent of Landlord, which consent . Landlord shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed required to be an notify Tenant of whether it consents to any alteration, addition or improvement until it (a) has received plans and specifications in a CAD disk format therefor which are sufficiently detailed to allow construction of the work depicted thereon to be performed in a good and workmanlike manner, and (b) has had a reasonable opportunity to review them. If the alteration, addition or improvement will affect the Building’s structure, HVAC system, or mechanical, electrical, or plumbing systems, then the plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord and provided to Landlord in a CAD disk format. Landlord’s approval of any plans and specifications shall not be a representation that the plans or the work depicted thereon will comply with law or be adequate for any purpose, but shall merely be Landlord’s consent to performance of the work. Upon completion of any alteration, addition, or improvement, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor in a CAD disk format. Tenant may erect shelves, bins, machinery and trade fixtures provided that such items (1) do not alter the basic character of the Premises or the Building; (2) do not overload or damage the same; and (3) may be removed without damage to the Premises. Any Unless Landlord specifies in writing otherwise, all alterations, additions additions, and improvements shall be Landlord’s property when installed in the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or improvements before the earlier to occur of the day of termination or expiration of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. All work performed by a Tenant in the Premises (including that relating to the Premises installations, repair replacement, or removal of any item) shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and performed in accordance with plans all applicable governmental laws, ordinances, regulations, and with Landlord’s specifications submitted and requirements, in writing a good and workmanlike manner, and so as not to damage or alter the Building’s structure or the Premises. Tenant shall be responsible for compliance with The Americans With Disabilities Act of 1990. In connection with any such alteration, addition or improvement, Tenant shall pay to Landlord and approved in writingan administration fee of five percent (5%) of all costs incurred for such work. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary hereinHowever, Tenant may construct shall not have to pay Landlord an administration fee for non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars (work costing less than $20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system10,000.00 7.

Appears in 1 contract

Samples: Lease Agreement Between Aetna Life (Tanisys Technology Inc)

Alterations. (a) Tenant shall not make, make no changes in or permit to be made, any alterations, additions or improvements to the Premises, or any part thereof, ----------- Premises without Landlord's prior written consent. Subject to the prior written consent of Landlord, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any provisions of this Article, Tenant may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing; and electrical lines, in or to the interior of the Premises by using contractors or mechanics first approved in writing by Landlord.* All fixtures, all electrical items and all panelling, partitions, railings and like installations, installed in the Premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall become the property of Landlord and shall remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant no later than thirty (30) days prior to the date fixed as the termination of this Lease or before sixty (60) days after the expiration of this Lease, elects to have them removed by Tenant, in which event the same shall be removed from the Premises by Tenant forthwith. Nothing in this Article shall be construed to prevent Tenant's removal of trade fixtures, but upon removal of any such trade fixtures from the Premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense repair and restore the Premises to the condition existing prior to installation, and shall repair any damage to the Premises on the building due to such removal. All property permitted or required to be removed by Tenant at the end of the Term remaining in the Premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Premises by Landlord at Tenant’s sole cost and 's expense, which right of Landlord shall survive expiration of this Lease. Tenant shall, before making any alterations, additions, installations or improvements, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates at final approval thereof and shall promptly deliver duplicates of all such permits, approvals and certificates to Landlord; and Tenant agrees to carry such Xxxxxxx'x Compensation, General Liability, Personal and Property Damage Insurance as Landlord may reasonably require. Tenant agrees to obtain and deliver to Landlord, written and unconditional waivers of mechanic's liens upon the real property in which the Premises are located, for all work, labor and services to be performed and materials to be furnished in connection with such work, signed by all contractors, sub-contractors; materialmen and laborers to become involved in such work. The work shall be done in a good and workmanlike manner and in compliance with all Applicable Lawsapplicable laws, ordinances, codes, governmental rules, regulations and requirements, and in accordance with plans and specifications submitted in writing to the standards, if any, of the Board of Fire Underwriters, or other organizations exercising the functions of a board of fire underwriters the jurisdiction of which includes the Premises. * Notwithstanding Landlord and approved in writing. Tenant agrees that its consent shall not to proceed to make be required for any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars (alterations which amount to less than $20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system15,000.00.

Appears in 1 contract

Samples: Lease (Happy Kids Inc)

Alterations. (a) A. Save and except for the alterations to be made by Tenant pursuant to Exhibit G hereto, Tenant shall not make, make or permit allow to be made, made (except as otherwise provided in this Lease Agreement) any alterations, alterations or physical additions (including fixtures) in or improvements to the Leased Premises, or any part thereof, without first obtaining the prior written consent of Landlord; provided, however, Landlord's consent to (i) any alterations or physical additions (including fixtures) to the Leased Premises which consent do not affect the HVAC, plumbing, electrical, fire protection or mechanical systems or structural elements of the Leased Premises or the Building or (ii) the placement of safes, vaults or other heavy furniture or equipment within the Leased Premises shall not be unreasonably withheld, conditioned or delayed. Normal repair Notwithstanding the foregoing, from and maintenance workafter the Commencement Date, including painting Tenant may (i) install and re-carpetingreplace carpeting and other floor coverings as well as wallpaper, paint and other wall treatments within the interior areas of the Leased Premises not accessible to the general public without Landlord's consent and (ii) provided Tenant removes the same at the termination of the Lease Agreement and returns the Leased Premises to the condition it was in as of the Commencement Date (ordinary wear and tear, casualty and condemnation excepted) as set forth in Section 11 below, install and replace temporary cubicle dividers having a maximum height of five (5) feet or less within offices in the Leased Premises not accessible to the general public, and install and replace tenant's telephonic and telecommunications equipment, all without Landlord's consent. Landlord acknowledges that Tenant may install and replace certain high volume reproductive copying systems and other heavy equipment on the first floor of the Building and the same shall be acceptable to Landlord provided they are limited to the first floor of the Building. In addition, Tenant shall not be deemed permitted to take x-rays or core drill or penetrate the floor of the Leased Premises or any other floor of the Building without first obtaining the Landlord's consent, not to be an alterationunreasonably withheld, addition conditioned or improvement to the Premisesdelayed. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total The reasonable cost of any consultant or engineer hired by Landlord in connection with such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made work undertaken by Tenant without Landlord’s consent if such consent is required shall be paid for by the terms of this paragraph ll(a)Tenant as additional rent hereunder. Tenant shall not, however, be required submit requests for consent to remove any make alterations or physical additions together with copies of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system such alterations. Subsequent to obtaining Landlord's consent and prior to commencement of construction of the installation thereof alterations or physical additions, Tenant shall deliver to Landlord the building permit, a copy of the executed construction contract covering the alterations and provided further that physical additions and evidence of contractor's and subcontractor's insurance, such insurance being with such companies, for such periods and in such amounts as Landlord may reasonably require, naming the Landlord Parties (as defined on Exhibit I) as additional insureds. Tenant shall have pay to Landlord upon demand a review fee in the amount of Landlord's actual costs incurred to compensate Landlord for the reasonable cost of review and approval rights over any of the plans and specifications and for additional reasonable administrative costs incurred in monitoring the construction of the alterations. Tenant shall deliver to Landlord a copy of the "as-built" plans and specifications for all alterations or physical additions so made in or to the Premises which may be required Leased Premises, and shall reimburse Landlord for the reasonable cost incurred by Landlord to install Tenant’s security systemupdate its current architectural plans for the Building.

Appears in 1 contract

Samples: Lease Agreement (TaxMasters, Inc.)

Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, improvements, or additions or improvements to the Premises, or including, without limitation, any part thereofroof penetrations, without the prior written consent and approval of plans therefor by Landlord. Notwithstanding the foregoing sentence, which consent shall Tenant may make interior, non-structural alterations and improvements to the Premises that cost less than $50,000 in the aggregate and do not be unreasonably withheldeffect the structural integrity of the Building without Landlord’s prior consent; provided that Tenant deliver copies of all final plans for such alterations to Landlord. Normal repair Landlord agrees that Tenant may install, remove and/or replace freezers, coolers, cool docks, racks, battery chargers and maintenance workother substantial items, including painting trade equipment and re-carpeting, shall not be deemed to be an alteration, addition fixtures necessary for the conduct of its business in or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if additions, or its approval of any plans and specifications therefor, shall create no responsibility or liability on Landlord’s consent is not required part for any such alterationstheir completeness, design sufficiency or compliance with applicable laws, rules and regulations now or hereafter in effect. Alterations, improvements or additions or improvements as specified herein (including any security system installed by Tenant)so made upon the Premises, within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from except moveable furniture and equipment placed in the Premises at the expense of Tenant, shall be and become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the termination of this Lease, without disturbance, molestation, injury or damage; provided, however, that only with respect to alterations or improvements made after the initial build out of the Premises, Landlord shall have the option to require Tenant to (i) remove such alterations or improvements at Tenant’s sole cost and expense and (ii) restore the Premises to its prior condition, provided that Landlord so notify Tenant of such requirement at the time Landlord grants approval for such alterations and improvements. In the event damage to the Premises or the Building shall be caused by moving said furniture and equipment in or out of the Premises, said damage shall be promptly repaired at the cost of Tenant. The provisions of this Section 7.02(a) shall survive the expiration or sooner earlier termination of this Lease. In Whenever plans for any eventTenant work, whether the initial work at the commencement of the Term or for subsequent alteration, Landlord’s approval must be given within ten (10) business days after receipt, with partial plan submittals as may be appropriate under the circumstances, and Landlord shall have right to require Tenant to remove any alterationsprovide approval or notes of changes which if made would be deemed approved within the required time. If the Landlord does not respond, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, plans will be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemdeemed approved.

Appears in 1 contract

Samples: Lease Agreement (Bare Escentuals Inc)

Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the Premisespremises (including, or any part thereofbut not limited to, roof and wall penetrations) without the prior written consent of Landlord, which . Such consent shall will not be unreasonably withhelddenied provided the improvements are building standard office/warehouse finishes. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement In the event Landlord consents to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost making of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basisby Tenant, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord same shall notify be made by Tenant, at the time Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by 's and Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord 's insurance policies and only in accordance with plans and specifications for approved by Landlord; and any contractor or person selected by Tenant to make the installation same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Tenant’s security system 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, additions, improvements and 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 premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall 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 Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the installation thereof termination of this lease if Tenant so elects, and provided further that Landlord shall have reasonable approval rights over be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any alterations such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the Premises which may be required to install Tenant’s security systemprimary structure or structural qualities of the building and other improvements situated on the premises.

Appears in 1 contract

Samples: Lease Agreement (Hayes Corp)

Alterations. (a) “Alterations” shall mean any alteration, addition, or improvement in or on or to the Premises of any kind or nature, including any improvements made before Tenant’s occupancy of the Premises. Tenant shall not make, or permit to be made, any alterations, additions or improvements to the Premises, or any part thereof, make no Alterations without the prior written consent of Landlord, which consent shall may be withheld or conditioned in Landlord’s sole discretion. However, Landlord will not be unreasonably withheld. Normal repair withhold or delay consent to non-structural interior Alterations, provided that they do not involve demolition of improvements, affect utility services or Building systems, are not visible from outside the Premises, do not affect Landlord’s insurance coverages for the Project, and maintenance workdo not require other alterations, including painting and re-carpetingadditions, shall not be deemed or improvements to be an alteration, addition or improvement to areas outside the Premises. Any Tenant shall reimburse Landlord, on demand, for the actual out-of-pocket costs for the services of any third party employed by Landlord to review or prepare any Alteration-related plan or other document for which Landlord’s consent or approval is required. Landlord, or its agent or contractor, may supervise the performance of any Alterations, and, if so, Tenant shall pay to Landlord an amount equal to 5% of the cost of the work, as a supervisory fee. Except as expressly set forth in this Lease, Landlord has made no representation or promise as to the condition of the Premises, Landlord shall not perform any alterations, additions additions, or improvements to make the Premises shall be at suitable and ready for occupancy and use by Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt shall accept possession of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises in its then “as-is”, “where-is” condition, without Landlord’s prior approval so long as (i) such alterations, addition representation or improvements will not materially or adversely affect the Building Systems, (ii) the total cost warranty of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvementskind by Landlord. Landlord shall notify Tenant, at the time of Landlord’s consent Except for work to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination be performed by Landlord, whether Tenant will be required to remove before any such alterations, additions Alterations are undertaken by or improvements from the Premises at the expiration or sooner termination on behalf of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary hereinTenant, Tenant shall have the right to install its own security system without obtain Landlord’s consent so long as Tenant provides approval of all contractors performing such Alterations, and shall deliver to Landlord with plans and specifications any governmental permit required for the installation Alterations and shall require any contractor performing work on the Premises to obtain and maintain, at no expense to Landlord, workers’ compensation and employer’s liability insurance, builder’s risk insurance in the amount of Tenantthe replacement cost of the applicable Alterations (or such other amount reasonably required by Landlord), commercial general liability insurance, written on an occurrence basis with minimum limits of $2 million per occurrence limit, $2 million general aggregate limit, $2 million personal and advertising limit, and $2 million products/completed operations limit (including contractual liability, broad form property damage and contractor’s security system prior protective liability coverage); commercial automobile liability insurance, on an occurrence basis on the then most current ISO form, including coverage for owned, non-owned, leased, and hired automobiles, in the minimum amount of $1 million combined single limit for bodily injury and property damage; and excess liability insurance in the minimum amount of $5 million. Contractor’s insurance shall contain an endorsement insuring the Landlord Parties as additional insureds and shall be primary and non-contributory over any other coverage available to the installation thereof Landlord. The Contractor’s insurance shall also comply with the requirement of the Insurance article. All Alterations by Tenant shall also comply with Landlord’s rules and provided further that Landlord shall have reasonable approval rights over any alterations to requirements for contractors performing work in the Premises which may be required to install Tenant’s security systemBuilding.

Appears in 1 contract

Samples: Office Lease (PASSUR Aerospace, Inc.)

Alterations. (a) Except for any initial improvement of the Premises pursuant to Exhibit "D", which shall be governed by the provisions of said Exhibit "D", Tenant shall not make, suffer or permit to be made, made any alterations, additions or improvements to or of the Premises, Premises or any part thereof, or attach any fixtures thereto except for Tenant's trade fixtures and equipment, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the prior written consent structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities, Landlord, which 's consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any such alterations, additions or improvements to the Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within thirty (30) days after receipt of a statement. All such alterations, additions and improvements shall become Landlord's property at Tenant’s the expiration or earlier termination of the Lease Term and shall remain on the Premises without compensation to Tenant unless Landlord elects by notice to Tenant at the time Landlord grants its approval to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing the Premises to Landlord and approved in writing. Tenant agrees not its condition prior to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt the installation of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans normal wear and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemtear excepted.

Appears in 1 contract

Samples: Lease Agreement (Focal Communications Corp)

Alterations. (a) Tenant shall not makemake any structural alterations, additions or permit improvements to be madethe Premises or Property without the prior written consent of Landlord. Notwithstanding the aforesaid, any Tenant, at Tenant's sole cost and expense, may construct interior non-structural alterations, additions or improvements to the Premises, or any part thereofinstall such trade fixtures as Tenant may deem necessary, without so long as such improvements and trade fixtures do not penetrate or disturb the prior written consent of Landlordstructural integrity and support provided by the roof, which consent shall not be unreasonably withheldexterior walls or subfloors. Normal repair All such improvements and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises trade fixtures shall be at Tenant’s sole cost constructed and/or installed in a good and expenseworkmanlike manner, and in compliance with all Applicable Lawsapplicable governmental and quasi-governmental laws, ordinances and in accordance with plans and specifications submitted in writing to Landlord and approved in writingregulations, as well as all requirements of Landlord's insurance carrier. Tenant agrees not to proceed to make any may remove all alterations, additions or improvementsadditions, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions improvements and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system trade fixtures installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at upon the expiration or sooner earlier termination of this Lease; and, upon such removal, Tenant shall repair the Premises to a condition substantially similar to that condition when received by Tenant, except for normal wear and tear and damage due to casualty. In any eventNotwithstanding the aforesaid, all such alterations, additions, or improvements left by Tenant after lease termination shall remain within the Premises upon the termination of this Lease, and shall be delivered up to Landlord along with the Premises. Landlord shall have no right to require any of Tenant's trade fixtures; and, except as otherwise set forth in this Lease, Tenant may remove such trade fixtures upon the termination of this Lease, provided Tenant repairs any damage caused by such removal. Upon termination of this lease, Tenant shall restore the premises to remove its prior condition for any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system's approval.

Appears in 1 contract

Samples: Warehouse Lease Agreement (Nooney Realty Trust Inc)

Alterations. (a) Tenant shall not make, make no changes in or permit to be made, any alterations, additions or improvements to the Premises, or demised premises of any part thereof, nature without Owner's prior written consent. Subject to the prior written consent of LandlordOwner, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any provisions of this article, Tenant, at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and interior of the demised premises by using contractors or mechanics first approved in writingeach instance by Owner. Tenant agrees not to proceed to make shall, before making any alterations, additions additions, installations or improvements, notwithstanding consent from Landlord 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 do soOwner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation, until ten (10) general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within 30 days after thereafter, at Tenant’s receipt 's expense, by payment or filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant's behalf, shall, upon installation, become the property of such written consent. Notwithstanding anything Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the contrary hereindate fixed as the termination of this lease, elects to relinquish Owner's rights thereto and to have them removed by Tenant, in which event, the same shall be removed from the premises by Tenant may construct non-structural alterationsprior to the expiration of the lease, additions at Tenant's expense. Nothing in this article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and improvements in the Premises without Landlord’s prior approval so long as (i) such alterationsequipment, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost but upon removal of any such alterationsfrom the premises or upon removal of other installation as may be required by Owner, additions Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) the building due to such removal. All property permitted or required to be removed by Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description at the end of the alterations, additions or improvements. Landlord term remaining in the premises after Tenant's removal shall notify Tenantbe deemed abandoned and may, at the time election of Landlord’s consent to any alterationsOwner, additions either be retained as Owner's property or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will may be required to remove any such alterations, additions or improvements removed from the Premises premises by Owner at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system's expense.

Appears in 1 contract

Samples: Berkshire Bancorp Inc /De/

Alterations. (a) a Tenant shall make no alterations, additions or improvements in or to the Premises without Landlord's prior written consent,* and then only by contractors or mechanics approved by Landlord such consents and approvals by Landlord shall not make, be unreasonably withheld or permit delayed. Tenant shall submit to be made, Landlord plans and specifications for any proposed alterations, additions or improvements to the Premises, or any part thereof, without the prior written consent of Landlord, which consent shall and may not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, until Landlord has approved of such plans and (iii) specifications. Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any construct such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination in accordance with the plans and specifications approved by Landlord, whether and shall not amend or modify such plans and specifications without Landlord's prior written consent. If the proposed change requires the consent or approval of any lessor of a superior lease, or the holder of a mortgage encumbering the Premises, such consent or approval must be secured prior to the construction of such alteration, addition or improvement.** Tenant will agrees that there shall be no construction of partitions or other obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the building or interfere with the moving of Landlord's equipment to or from the enclosures containing said installations or facilities. All such work shall be done at such times and in such manner as Landlord may from time to time designate. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, regulations and requirements of all governmental agencies, offices and boards having jurisdiction, and in full compliance with the rules, regulations and requirements of the Insurance Service Office, and of any similar body. Before commencing any work, Tenant shall give Landlord at least ten (10) days written notice of the proposed commencement of such work and shall, if required to remove any by Landlord and other than for the work described in the Work Letter Agreement of even date herewith secure at Tenant's own *unless such alterations, additions additions, or improvements from the Premises at the expiration or sooner termination are less than a cost of this LeaseFive Thousand and No/100 Dollars ($5,000.00). In **and Landlord agrees to cooperate in obtaining any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemor approval.

Appears in 1 contract

Samples: Letter Agreement (Stac Inc)

Alterations. (a) Tenant Except as otherwise provided herein, Lessee shall not make, or permit to be made, make any alterations, additions additions, or improvements other changes to the PremisesLeased Premises without Lessor's prior written consent. However, Lessee may, without obtaining Lessor's prior written consent, make minor alterations, additions, and changes to the improvements required by SEC. 5:1.A hereof to be constructed by Lessee on the Leased Premises but only if: (1) such alterations, additions, and changes are accomplished in a good and workmanlike manner at Lessee's sole expense and in accordance with all applicable federal, state, and local laws, regulations, ordinances, and other promulgations; and (2) such alterations, additions, and changes do not impair the value, structural integrity, or soundness of such improvements. However, notwithstanding anything contained herein to the contrary, Lessee shall not have the right to demolish or remove any part thereof, improvements at any time located on the Leased Premises without first obtaining the prior written consent of LandlordLessor. Title to such alterations, which consent shall not be unreasonably withheld. Normal repair additions, and maintenance work, including painting changes will immediately vest in Lessor at the end of the final day of the Lease Term or sooner termination of this Lease and re-carpeting, shall not be deemed to be an alteration, addition or improvement to will remain as part of the Leased Premises. Any alterationsLessee shall not, additions or improvements to the Premises shall be at Tenant’s sole cost and expensehowever, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make remove any alterations, additions additions, or improvementschanges from the Leased Premises nor waste, notwithstanding consent from Landlord to do sodestroy, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural or modify any alterations, additions additions, or changes on the Leased Premises once completed. The parties covenant for themselves and improvements in all persons claiming under them that the alterations, additions, and changes made by Lessee are real property. All alterations, additions, and changes on the Leased Premises at the expiration of the Lease Term or sooner termination of this Lease shall, without Landlord’s prior approval so long as (i) compensation to Lessee, then become Lessor's property free and clear of all claims to or against them by Lessee or any third person, and Lessee shall defend and indemnify Lessor against all liabilities and loss resulting from such claims or from Lessor's exercise of the rights conferred by this paragraph. However, Lessor may elect to have Lessee remove any or all of such alterations, addition additions, and changes in which event such alterations, additions, and changes are to be completely removed by Lessee (without damage to the Leased Premises) by the end of the Lease Term. Lessee shall promptly pay for all work done or improvements will not materially or adversely affect materials furnished in connection with the Building Systems, (ii) the total cost making of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvementsadditions, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything other changes to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemLeased Premises.

Appears in 1 contract

Samples: Ground Lease (Independent Research Agency for Life Insurance Inc)

Alterations. (a) Except as provided for herein, Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the Premises, or any part thereof, Premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord, which consent shall not to be unreasonably withheldwithheld or delayed. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement In the event Landlord consents to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost making of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basisby Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Landlord, for Tenant's benefit, will bid the plans and specifications for any alterations among three (iii3) qualified contractors. Tenant provides shall approve any awardee for any alteration and Tenant shall fully reimburse Landlord for the entire cost thereof within twenty (20) days after written notification of Tenant by Landlord providing Tenant with an invoice or other request (or statement). 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, additions, improvements and 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 Premises to their original condition by the date of termination of this lease or upon earlier vacating of the Premises, reasonable wear and tear excepted; provided, however, that if Landlord so elects in writing prior notice to termination of any this lease or upon earlier vacating of the Premises, such alterations, additions or improvementsadditions, including a reasonably detailed description improvements and partitions shall become the property of Landlord as of the alterations, additions or improvements. Landlord shall notify Tenant, at the time date of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions lease or improvements from upon earlier vacating of the Premises that were made by Tenant without Landlord’s consent if such consent is required by and shall be delivered up to the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from Landlord with the Premises. Notwithstanding anything to the contrary hereinforegoing sentence, all shelves, bins, machinery and trade fixtures installed by Tenant shall have the right to install its own security system without Landlord’s consent so long as may be removed by Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof termination of this lease if Tenant so elects, and provided further that Landlord shall have reasonable approval rights over any alterations to be removed by the date of termination of this lease or upon earlier vacating of the Premises which may if required by Landlord reasonable wear and tear excepted. Upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be required accomplished in a good workmanlike manner so as not to install Tenant’s security systemdamage the primary structure or structural qualities of the building and other improvements situated on the Premises.

Appears in 1 contract

Samples: Lease Agreement (Contour Medical Inc)

Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the Premises, or any part thereof, Premises without the prior written consent of Landlord. Tenant, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole is own cost and expense, in compliance may erect such shelves, bins, machinery and trade fixtures as it desires provided 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 Lawsapplicable governmental laws, ordinances, regulations and with Landlord’s specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating of the Premises by Tenant, at which time Tenant shall restore the Premises to their original condition except for reasonable wear and tear. All alterations, installations, removals and restoration shall be performed in accordance with plans a good and specifications submitted in writing to Landlord and approved in writing. Tenant agrees workmanlike manner so as not to proceed to make any alterations, additions damage or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt alter the primary structure or structure qualities of such written consentthe Building and other improvements situated on the Premises or of which the Premises are a part. Notwithstanding anything to the contrary contained herein, Tenant may construct non-structural alterations, additions it is agreed that the use of and improvements in access to the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect roof of the Building Systems, (ii) is expressly reserved to Landlord and is expressly denied to Tenant. Tenant shall not penetrate the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description roof of the alterationsBuilding in any manner, additions nor install or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove construct any alterations, additions or improvements from thereon, nor otherwise use or occupy the Premises that were made by Tenant without Landlord’s consent if such consent is required by roof at any time during the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemTerm hereof.

Appears in 1 contract

Samples: Lease Agreement (Thermadyne Holdings Corp /De)

Alterations. (a) Except as otherwise provided in this Section, Tenant shall not make, or permit to be made, any make no alterations, additions additions, fixtures or improvements (“Alterations”) to the Premises, Premises or any part thereof, the Building without the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole and absolute discretion. In the event that any requested Alteration would result in a change from Landlord’s building standard materials and specifications for the Project (“Standard Improvements”), Landlord may withhold consent to such Alteration in its sole and absolute discretion. In the event Landlord so consents to a change from the Standard Improvements (such change being referred to as a “Non-Standard Improvement”), Tenant shall be responsible for the cost of replacing such Non-Standard Improvement with the applicable Standard Improvement (“Replacements”), which Replacements shall be completed prior to the Expiration Date or earlier termination of this Lease. Landlord shall not unreasonably withhold, condition or delay its consent to any Alterations which cost less than Ten Thousand Dollars ($10,000.00), which Alterations do not (i) affect the exterior of the Building or outside areas (or be unreasonably withheld. Normal repair and maintenance workvisible from adjoining sites), or (ii) affect or penetrate any of the structural portions of the Building, including painting and re-carpetingbut not limited to the roof, shall not be deemed or (iii) require any change to be an alterationthe basic floor plan of the office portion of the Premises (including, addition or improvement without limitation, the adding of any additional “office” square footage to the Premises) or any change to any structural or mechanical systems of the Premises, or (iv) fail to comply with any applicable governmental requirements or require any governmental permit as a prerequisite to the construction thereof, or (v) result in the Premises requiring building services beyond the level normally provided to other tenants, or (vi) interfere in any manner with the proper functioning of, or Landlord’s access to, any mechanical, electrical, plumbing, elevator or HVAC systems, facilities or equipment located in or serving the Building, or (vii) diminish the value of the Premises including, without limitation, using lesser quality materials than those existing in the Premises, or (viii) alter or replace Standard Improvements. Any alterationsLandlord may impose any condition to its consent, additions including but not limited to a requirement that the installation and/or removal of all Alterations and Replacements be covered by a lien and completion bond satisfactory to Landlord in its sole and absolute discretion and requirements as to the manner and time of performance of such work. Landlord shall in all events, whether or not Landlord’s consent is required, have the right to approve prior to the commencement of any work the contractor performing the installation and removal of Alterations and Replacements and Tenant shall not permit any contractor not approved by Landlord to perform any work on the Premises or on the Building. Tenant shall obtain all required permits for the installation and removal of Alterations and Replacements and shall perform the installation and removal of Alterations and Replacements in compliance with all applicable laws, regulations and ordinances, including without limitation the Americans with Disabilities Act, all covenants, conditions and restrictions affecting the Project, and the Rules and Regulations as described in Article XVII. Tenant understands and agrees that Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of such Alterations either requiring a permit from the City of Irvine or affecting any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building. Under no circumstances shall Tenant make any Alterations or Replacements which incorporate any Hazardous Materials, including without limitation asbestos-containing construction materials into the Premises, the Building or the Common Area. In no event shall Tenant prosecute any Alterations that result in picketing or labor demonstrations in or about the Building or Project. If any governmental entity requires, as a condition to any proposed Alterations or Replacements by Tenant, that improvements be made to the Common Areas, and if Landlord consents to such improvements to the Premises shall Common Areas (which consent may be withheld in the sole and absolute discretion of Landlord), then Tenant shall, at Tenant’s sole cost expense, make such required improvements to the Common Areas in such manner, utilizing such materials, and with such contractors, architects and engineers as Landlord may require in its sole and absolute discretion. Landlord shall have the right, but not the obligation, to elect to make any such improvements to be made to the Common Areas at Tenant’s expense, in compliance with which case Tenant shall reimburse Landlord upon demand for all Applicable Lawscosts incurred in making such improvements. Any request for Landlord’s consent to any proposed Alterations shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the work proposed by Tenant and consented to by Landlord modify the basic floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems and standards. Unless Landlord otherwise agrees in accordance with plans writing, all Alterations made or affixed to the Premises, the Building or to the Common Areas (excluding moveable trade fixtures and specifications submitted furniture), including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in writing to the Work Letter) and all telephone and data cabling, shall become the property of Landlord and approved in writing. shall be surrendered with the Premises at the end of the Term; except that Landlord may, by notice to Tenant agrees not given either prior to proceed or following the expiration or termination of this Lease, require Tenant to make any alterationsremove by the Expiration Date, additions or improvementssooner termination date of this Lease, notwithstanding consent from Landlord to do so, until or within ten (10) days after following notice to Tenant that such removal is required if notice is given following the Expiration Date or sooner termination, all or any of the Alterations installed either by Tenant or by Landlord at Tenant’s receipt of request, including without limitation all telephone and data cabling, and to repair any damage to the Premises, the Building or the Common Areas arising from that removal and restore the Premises to their condition prior to making such written consentAlterations. Notwithstanding anything the provisions of this Section 7.3 to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any eventcontrary, Landlord shall not have the right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the components of the initial Tenant Improvements from to the Premises. Notwithstanding anything , except to the contrary herein, Tenant shall have extent provided in the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemWork Letter attached hereto.

Appears in 1 contract

Samples: Lease (Netlist Inc)

Alterations. Tenant shall not, without the prior written consent of Landlord in each instance, make any alterations, improvements, or additions to the Premises (aincluding the installation of systems furniture or other equipment or personal property that affects or otherwise connects to the Building’s systems), and any such alterations, improvement, or additions desired by Tenant shall be installed at Tenant’s expense only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, which approval shall be governed by the provisions set forth in this Section 6. Landlord’s consent thereto shall not be unreasonably withheld or delayed; however, Landlord may, in its sole and absolute discretion, withhold its consent to any alterations, additions, or improvements, that (i) are not consistent with the first-class nature or the architectural character of the Building; (ii) could adversely affect the structure of the Building, the Building systems or the Building circuitry; (iii) could increase Landlord's costs of operating and maintaining the Building; (iv) would violate the terms of any applicable zoning or building laws or ordinances; or (v) would disturb other tenants of the Building, for example, by requiring entry into the premises of other tenants; the foregoing being merely examples of reasons for which Landlord may reasonably withhold its consent and will not be deemed exclusive of any permitted reasons for reasonably withholding consent, whether similar or dissimilar to the foregoing examples. If Landlord consents to said alterations, improvements, or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out of such work, plans and specifications and permits necessary for such work. The work necessary to make any alterations, improvements, or additions to the Premises shall be done at Tenant's expense by employees of, or contractors hired by, Landlord, except to the extent Landlord gives its prior written consent to Tenant's hiring contractors, in which event Landlord will have the right to approve Tenant's contractor and all subcontractors to be used by Tenant's contractor, which approval will not be unreasonably withheld. Landlord may require the employment of union contractors and subcontractors who shall not cause labor disharmony. Tenant shall promptly pay to Landlord or to Tenant's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant will also pay to Landlord an amount equal to three percent (3%) of all of the costs of such work to reimburse Landlord for its overhead and construction management services allocable to such work; provided, however, that the foregoing provisions of this sentence will not apply to the Tenant Work performed pursuant to the Work Letter attached hereto as Exhibit D. Upon completion, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the holder of any legal or beneficial interest in the land or Building harmless from all costs, damages, liens, and expenses related to such work. All work done by Tenant or its contractors pursuant to Sections 6 or 8 hereof shall be done in a professional and workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies and the rules and regulations adopted by the Landlord for the Building. Within thirty (30) days after substantial completion of any such work by Tenant or its contractors and upon written request of Landlord, Tenant shall furnish to Landlord "as built" drawings of such work. Tenant shall not makepaint or install lighting or decorations, signs, window or door lettering, or permit to be made, advertising media of any alterations, additions or improvements to type visible from the Premises, or any part thereof, exterior of the Premises without the prior written consent of Landlord, which consent shall not may be unreasonably withheldwithheld in Landlord’s sole and absolute discretion. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed Landlord’s consent to be an alteration, addition or improvement to the Premises. Any approval of any alterations, additions or improvements to (or the Premises 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 at Tenant’s sole cost and expense, in compliance with solely responsible for ensuring all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consentcompliance. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements contained elsewhere in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary hereinSection 6, Tenant shall have the right to install its own security system right, without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior 's consent, to make any alteration to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to interior of the Premises (but not outside of the Premises) and which may be required to install Tenant’s security system.either:

Appears in 1 contract

Samples: Office Lease (Zebra Technologies Corp)

Alterations. (a) 3. Tenant shall not make, make no changes in or permit to be made, any alterations, additions or improvements to the Premises, or demised premises of any part thereof, nature without Owner’s prior written consent. Subject to the prior written consent of LandlordOwner, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any provisions of this article, Tenant, at Tenant’s expense, may make alterations, installations, additions or improvements which are nonstructural and which do not affect utility services or plumbing and electrical lines, in or to the Premises interior of the demised premises using contractors or mechanics first approved in each instance by Owner. Tenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner. Tenant agrees to carry and will cause Tenant’s contractors and sub-contractors to carry such xxxxxxx’x compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic’s lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant’s sole cost and expense, by payment or filing the bond required by law or otherwise. All fixtures and all paneling, partitions, railings and like installations, installed in compliance the premises at any time, either by Tenant or by Owner on Tenant’s behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with all Applicable Lawsthe demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner’s right thereto and to have them removed by Tenant, in accordance with plans which event the same shall be removed from the demised premises by Tenant prior to the expiration of the lease, at Tenant’s expense. Nothing in this Article shall be construed to give Owner title to or to prevent Tenant’s removal of trade fixtures, moveable office furniture and specifications submitted equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days the premises after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions removal shall be deemed abandoned and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenantmay, at the time election of LandlordOwner, either be retained as Owner’s consent to any alterationsproperty or removed from the premises by Owner, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after at Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemexpense.

Appears in 1 contract

Samples: American Realty Capital New York Recovery Reit Inc

Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the Premises, or any part thereof, premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an withheld if the proposed alteration, addition or improvement to is non-structural, is not visible from the Premisesexterior of the building and does not affect any building system. Any alterationsTenant may, additions 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 to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Lawswithout overloading or damaging such building or improvements, and in accordance each case complying with plans all applicable governmental laws, ordinances, regulations and specifications submitted in writing to Landlord and approved in writingother requirements. Tenant agrees not to proceed to make any All alterations, additions or improvementsadditions, notwithstanding consent from improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, if Landlord to do soso elects as hereinafter provided, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural remove all alterations, additions additions, improvements and improvements in partitions erected by Tenant and restore the Premises without Landlord’s prior approval so long as (i) premises to their original condition, reasonable wear and tear excepted, by the date of termination of this lease or upon earlier vacating of the premises; otherwise such alterations, addition additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or improvements will not materially upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or adversely affect upon earlier vacating of the Building Systems, (ii) the total cost of premises if required by Landlord: upon any such alterationsremoval Tenant shall restore the premises to their original condition, additions reasonable wear and tear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description structural qualities of the alterations, additions or improvementsbuildings and other improvements situated on the premises. Landlord shall notify Tenant, If requested to do so by Tenant in writing at the time of Tenant requests Landlord’s 's consent to any alterationsa proposed alteration, additions addition or improvementsimprovement, Landlord will indicate in its consent to the proposed alteration, addition or if Landlord’s consent is not required for any improvement (assuming that Landlord otherwise consents thereto) whether Landlord will require the removal of such alterationsalteration, additions addition or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from improvement upon the Premises at the expiration or sooner termination of this Lease. In any eventOtherwise, Landlord shall have right may elect to require Tenant to remove any alteration, addition or improvement made by Tenant to the premises, or all or any part of Landlord's Work or Tenant's Work (as provided in Paragraph 31) by giving written notice to Tenant at any time prior to termination of this lease specifying the alterations, additions or and/or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, to be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemremoved.

Appears in 1 contract

Samples: Lease Agreement (Compucom Systems Inc)

Alterations. No alterations, additions, or improvements to the Premises (aother than the Tenant Improvements) shall be made without first having the consent in writing of Landlord which consent shall not be unreasonably withheld or delayed; nor shall such alternations, additions, or improvements interfere with or damage the mechanical or electrical systems or the structure of the Premises or the Building. Further, Tenant shall not makeinstall or maintain any apparatus or device which will increase the usage of electrical power, water, or permit gas for the Premises to an amount greater than would be maderequired for normal general office use for space of comparable size, unless Tenant shall have first obtained the prior written consent of Landlord and Tenant shall have delivered to Landlord a written agreement to pay additional costs related thereto. Landlord shall have the right to approve all window treatments in the Premises. Notwithstanding the foregoing, Tenant shall have the right without Landlord’s consent to undertake and perform nonstructural alterations and improvements which Tenant considers necessary or appropriate to enhance and supplement heating, ventilating, air conditioning, electrical and communications equipment and systems serving the Premises and Tenant’ s operations therein, including without limitation the installation and removal of non-load bearing partition walls, and the construction of control rooms which may be necessary or appropriate to support such operations. Nothing herein is meant to interfere with Tenant’s ability to control the floor layout in the Premises. Except as otherwise provided in this Lease, any alterations, additions or improvements consented to by the PremisesLandlord shall be made at Tenant’ s sole expense. Tenant shall secure any and all governmental permits, approvals, or authorizations required in connection with any part thereofsuch work and shall hold Landlord harmless from any and all liability, without the prior written consent of Landlordcosts, which consent shall not be unreasonably withhelddamages, expenses (including attorney’ s fees) and liens resulting therefrom. Normal repair All alterations (expressly excluding all trade fixtures, office furniture systems, security systems, appliances and maintenance work, including painting and re-carpetingequipment), shall not be deemed to be an alteration, addition or improvement to become the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description property of the alterations, additions or improvements. Landlord shall notify Tenant, at the time upon termination of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether this Lease; provided however that Landlord may require Tenant will be required to remove any such alterations, additions all or improvements from a portion or the alterations made to the Premises at the expiration or sooner termination of this LeaseLease if Landlord designates in writing such removal when the alterations are requested in writing by Tenant. In any event, Such property which does not become the property of Landlord shall have right to require Tenant to remove any alterationsremain the property of Tenant, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, and Tenant shall have the right to install remove such property from the Premises. Tenant agrees to indemnify and hold Landlord harmless against and from all claims for mechanic’ s, materialmen’s or other liens in connection with any alterations, additions, or improvements to which Landlord may give its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemconsent.

Appears in 1 contract

Samples: Building Lease (DERMAdoctor, LLC)

Alterations. (a) The Tenant shall not make, or permit has no rights to be made, carry out any alterations, additions works or improvements installations to the PremisesPremises unless it is expressly permitted to do so under this Clause 4.10. The Tenant may install, or any part thereof, alter and remove tenant's fixtures30 and carry out internal non-structural works to the Premises that will not have an adverse impact on the Environmental Performance of the Premises without the prior written consent of Landlord's consent, which consent shall not be unreasonably withheldbut the Tenant must notify the Landlord promptly after completing those works. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed To enable those works to be an alterationcarried out, addition the Tenant may drill fixing holes into the floors, ceilings, columns or improvement to walls of the Premises. Any alterationsThe Tenant must comply with its obligations in Part 5 of the Schedule when carrying out or installing any Permitted Works, additions whether or improvements not the Landlord's consent is required for them.31 Where the Landlord's consent is expressly required under this Clause 4.10, the Landlord may impose requirements on the Tenant in addition to those contained in Part 5 of the Schedule when giving its consent. Signs and advertisements The Tenant must not display any signs or advertisements on the Premises that are visible from outside the Premises except for business signs that indicate the Tenant's trading name in the style of and consistent with the Tenant's standard business signage. Obligations at the End Date By the End Date the Tenant must have removed: all tenant's and trade fixtures and loose contents from the Premises; all Electronic Communications Apparatus and apparatus relating to Wireless Data Services installed by the Tenant or any sub-tenant at the Premises; all signage installed by the Tenant or any sub-tenant at the Premises; subject to Clause 4.12.3, all Permitted Works; and without affecting any other Landlord's rights, any works that have been carried out by the Tenant in breach of any obligation in this Lease. The Tenant must make good all damage to the Premises shall caused when complying with Clause 4.12.1 and restore them to the same configuration, state and condition as they were in before the items removed were originally installed. If, no more than [nine] months and no less than [two] months before the End Date, the Tenant serves formal notice on the Landlord in the form set out in Part 6 of the Schedule the only Permitted Works that the Tenant must remove under Clause 4.12.1(d) will be: those carried out before the date of the Tenant's notice that the Landlord requires to be at removed by formal notice to the Tenant within [six] weeks of the Landlord receiving the Tenant’s sole cost 's notice; and expensethose carried out after service of the Tenant's notice; and any other Permitted Works need not be removed.32 At the End Date the Tenant must: give back the Premises (and the fixtures, plant and equipment in them) in good decorative order and in a state, condition and working order consistent with the Tenant's obligations in this Lease;33 give back the Premises with vacant possession; and hand to the Landlord any registers or records maintained by the Tenant pursuant to any statutory duty that relate to the Premises including any health and safety file, EPC and asbestos survey. If the Tenant has not removed all of its property from the Premises by the End Date and the Landlord gives the Tenant not less than five Business Days' notice of its intention to do so: the Landlord may dispose of that property as the agent of the Tenant; the Tenant must indemnify the Landlord against any liability of the Landlord to any third party whose property has been disposed of in the genuine but mistaken belief that it belonged to the Tenant; and the Landlord must pay to the Tenant the proceeds of the disposal after deducting the costs of transportation, storage and disposal incurred by the Landlord. User The Tenant must not use the Premises other than for the Permitted Use. The Tenant must not use the Premises: for any illegal activity; [for trading in vehicles or carrying out repairs to and maintenance of them;] as a betting office, an amusement arcade or in connection with gaming; for any political or campaigning purposes or for any sale by auction;34 or for the sale of alcohol for consumption on or off the Premises or for the preparation or cooking of food other than, in compliance either case, in connection with all Applicable Lawsstaff catering facilities ancillary to the Permitted Use. The Tenant must not: keep in the Premises any plant, and machinery or equipment (except that properly required for the Permitted Use) or any petrol or other explosive or specially flammable substance[ (other than petrol in the tanks of vehicles parked in any parking spaces within the Premises)]; load or unload any vehicle unless it is in a loading area provided for that purpose; cause any nuisance or damage to the Landlord or to the owners, tenants or occupiers of any adjoining premises; overload any part of the Premises or any plant, machinery, equipment or Conducting Media; do anything that blocks the Conducting Media or makes them function less efficiently including any blockage to or corrosion of any drains, pipes or sewers by virtue of any waste, grease or refuse deposited by the Tenant or any cleaning of them carried out by the Tenant; operate any apparatus so as to interfere with the lawful use of Electronic Communications Apparatus or the provision of Wireless Data Services on any adjoining premises; cause any land, roads or pavements near to the Premises to be untidy or dirty, or deposit anything on them; use any machinery on the Premises that is audible outside the Premises or that causes significant vibration outside the Premises; in relation to any parts of the Premises that are not built on store, keep or stack any materials, plant, equipment, bins, crates, boxes, refuse, waste or rubbish or any receptacle for waste, refuse or rubbish or any other item otherwise than in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description requirements of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to 's insurers and any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were regulations made by Tenant without the Landlord’s consent if such consent is required by ; burn rubbish or waste materials, paper, wood or other combustible matter on the terms of this paragraph ll(a). Tenant shall notPremises[ except in boilers or incinerators provided for that purpose]; or emit any smoke, however, be required to remove any of the Tenant Improvements fumes or smells from the Premises. Notwithstanding anything The Landlord does not warrant that the Permitted Use is, will be, or will remain lawfully permitted under the Planning Acts or the title deeds. The Tenant remains bound by the Tenant's obligations under this Lease even if the use is not lawfully permitted under the Planning Acts. The Tenant must not install or use Electronic Communications Apparatus or apparatus relating to Wireless Data Services within the contrary herein, Premises unless solely for use in connection with the lawful occupier's business at the Premises[. Landlord's consent must be obtained prior to installation]. The Tenant shall have must provide the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans the names, addresses and specifications for the installation telephone numbers of Tenant’s not fewer than two people who from time to time hold keys and any security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations access codes to the Premises which and who may be contacted in an emergency if the Landlord needs access to the Premises outside the Tenant's normal business hours. [The Tenant must not use any parking spaces forming part of the Premises: except for the parking of vehicles belonging to persons working at the Premises or any authorised visitors to the Premises; or for the repair, refuelling or maintenance of any vehicles.] [The Tenant must comply with the provisions in Part 9 of the Schedule.]35 Dealings with the Premises36 The Tenant must not assign, sub-let, charge, hold on trust, part with or share possession or occupation of the Premises in whole or in part, except as authorised under this Clause 4.14[ or Part 8 of the Schedule]. The Tenant may, with the Landlord's consent, assign the Tenant's right to the whole of the Premises to a prospective tenant which is of sound financial standing and demonstrably capable of fulfilling the Tenant's obligations under this Lease37, except that: the Landlord may refuse consent to assign if the Tenant has not paid in full the Rent and all other sums due to the Landlord under this Lease that are not the subject of a legitimate dispute about their payment; the Landlord may refuse consent to assign in any other circumstances where it is reasonable to do so; [and] the Landlord may require any other condition to the Landlord's consent if it is reasonable to do so[; and if required by the Landlord, any consent to install assign may be subject to a condition that any Environmental Permits held by the assigning tenant that are required for the use and enjoyment of the Premises by the assignee are transferred to the assignee]38. [The provisions of Part 8 of the Schedule apply to sub-lettings of the Premises and the Tenant must comply with its obligations in that Part of the Schedule.] The Tenant may charge the Tenant’s security system's right to the whole of the Premises to a genuine lending institution without the Landlord's consent but the Tenant must notify the Landlord under Clause 4.15 of any charge created. In addition to the provisions of this Clause 4.14, the Tenant may share occupation of the Premises with a Group Company of the Tenant[ or a Service Provider] on condition that:39 the Tenant notifies the Landlord of the identity of the occupier and the part of the Premises to be occupied; no relationship of landlord and tenant is created or is allowed to arise; the sharing of occupation ends if the occupier is no longer a Group Company of the Tenant[ or a Service Provider]; and the Tenant notifies the Landlord promptly when the occupation ends.

Appears in 1 contract

Samples: Lease

Alterations. Tenant shall be permitted to make alterations within the Premises without Landlord’s consent, provided that such alterations do not affect structural components of the Building, do not involve full wall partitioning (aincluding roof penetration) or do not affect the mechanical, electrical, heating, ventilation and air-conditioning, plumbing, life safety, and other Building systems, provided such alterations cost less than Twenty Thousand and 00/100 Dollars ($20,000) (the “Permitted Alterations”). Except for Permitted Alterations, Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the PremisesPremises (including, or any part thereofwithout limitation, the roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. Normal repair and maintenance work, including painting and re-carpeting, If Landlord shall not be deemed consent to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basisproposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord’s and Tenant’s insurance policies and only in accordance with plans and specifications approved by Landlord. Tenant may, without the consent of Landlord, 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 Development and without overloading the floor or damaging such Building or Development, and (iii) in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant provides Landlord with may be removed by Tenant prior notice to the termination of any such alterationsthis Lease if Tenant so elects, additions and shall be removed by the date of termination of this Lease or improvements, including a reasonably detailed description upon earlier vacating of the alterations, additions or improvements. Premises if required by Landlord shall notify Tenant, (unless Landlord agrees in writing at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for installation of any such alterations, additions or improvements as specified herein (including any security system installed by Tenantitems that they do not need to be so removed), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove ; upon any such alterations, additions or improvements from removal Tenant shall restore the Premises at to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the expiration primary structure or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any structural quality of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemBuilding.

Appears in 1 contract

Samples: Lease Agreement (Cyberguard Corp)

Alterations. (a) Except as otherwise required herein or as otherwise set forth herein as Tenant’s Work, Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the Premisesexterior or structural portions of the Premises (including, or any part thereofwithout limitation, the roof) (herein referred to collectively as "Alteration") without the prior written consent of LandlordLandlord and the Association (to the extent it has jurisdiction), which consent Landlord and the Association shall not be unreasonably withheldwithhold. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to Tenant may install in the Premises. Any alterations, additions or improvements to interior of the Premises shall without the consent of Landlord, unattached, movable trade fixtures and furniture which may be at installed without drilling, cutting or otherwise defacing the Premises including but not limited to partitions, cubicles, and other items which are not fixtures (herein referred to as "Removable Trade Fixtures"). Other than for Tenant’s sole cost Work, Tenant shall submit to Landlord for its review and expenseapproval, in compliance with all Applicable Laws, and in accordance with complete plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make for any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, proposed Alteration at the time of Landlord’s consent approval is sought, and if necessary, resubmit the same from time to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant)time, within fifteen (15) days after receipt of written notice of disapproval thereof from Landlord or the Association, until the same are approved by Landlord and the Association if applicable. In the event the Association or Landlord fails to grant its approval (or disapproval) of Tenant’s request for a determination by Landlordplans and specifications within ten (10) days of Tenant’s submission (and/or resubmission) of the same, whether Tenant will then Landlord and/or the Association, as the case may be, shall be required deemed to remove have approved the same. In connection with any such alterations, additions or improvements from Alteration of the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary hereinTenant, Tenant shall have comply with all applicable federal, state, county and local laws and ordinances (including, without limitation, the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans ADA), and specifications for all rules and regulations of any governmental authority having jurisdiction over the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemPremises.

Appears in 1 contract

Samples: Lease Agreement (Ultimate Software Group Inc)

Alterations. (a) A. Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the Premises, or any part thereof, Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Normal repair withheld so long as such alterations, additions or improvements do not impair the structural integrity of the Building, are not visible from the exterior of the Building and maintenance workdo not adversely affect the Building systems, including painting and, if Landlord does not respond to Tenant's written request (which request shall be accompanied by a reasonably detailed description of the contemplated alterations, additions and reimprovements) within fifteen (15) days, after the date of such request, Landlord's consent shall be deemed granted; provided, however, Tenant may make alterations that are non-carpetingstructural in character, which are not visible from the exterior of the Building and which do not adversely affect the Building systems (i) without Landlord's consent (but with prompt written notice to Landlord) so long as the cost thereof does not exceed $100,000 during the Term of this Lease, and (ii) with Landlord's prior written consent (which consent shall not be deemed unreasonably withheld so long as such work does not impair the structural integrity of the Building, is not visible from the exterior of the Building and does not adversely affect the Building systems) with respect to be an alterationalterations in excess of $100,000 during the Term of the Lease (collectively, addition or improvement the "Permitted Non-Structural Alterations"). If Landlord consents to the Premises. Any Tenant's proposed alterations, additions or improvements to the Premises, Landlord shall inform Tenant of its consent and promptly notify Tenant as to whether Landlord will require Tenant to remove the alteration, addition or improvement on or before the earlier to occur of the date of termination of this Lease or permanent vacating of the Premises by Tenant. It is contemplated by the parties that Tenant may construct a covered or, alternatively, an enclosed climate-controlled walkway connecting the Building to another building occupied by Tenant (the "Walkway"). Landlord hereby agrees that subject to the requirements of this Paraxxxxx 0X, Xxxxxxxx xxxll consent to Tenant's construction of the Walkway provided that (i) prior to commencement of construction of the Walkway, Tenant submits to Landlord Tenant's plans and specifications for the Walkway and Landlord approves same, which such approval shall not be unreasonably withheld; (ii) Tenant complies with the requirements of the "Alliance Development Guidelines," including, but not limited to, obtaining Development Review Board approval; and (iii) at Landlord's request, Tenant shall, prior to the expiration or termination of this Lease (or termination of Tenant's right of possession, if sooner) at Tenant’s 's sole cost and expense, remove the Walkway in compliance with all Applicable Lawsa good and workmanlike manner and restore the surface to its condition immediately prior to the commencement of construction of the Walkway. Tenant, at its own cost and in accordance with plans expense, may erect such shelves, bins, machinery and specifications submitted in writing to Landlord and approved in writingtrade fixtures as it desires without the consent of Landlord. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt 's erection of such written consent. Notwithstanding anything to shelves, bins, machinery and trade fixtures and the contrary herein, Tenant may construct nonconstruction of the Permitted Non-structural alterations, additions and improvements in Structural Alterations shall be on the Premises without Landlord’s prior approval so long as express condition that: (i) such alterationsitems do not impair the structural integrity of the Premises, addition or improvements will not materially or adversely affect the Building Systems, or such improvements; (ii) such items may be removed without material injury to the total cost Premises, and (iii) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with the "Alliance Development Guidelines". All alterations, additions, improvements and partitions erected by Tenant as well as the Permitted Non-Structural Alterations shall be and remain the property of any such Tenant during the Term of this Lease. On or before the earlier to occur of the date of termination or this Lease or permanent vacating of the Premises by Tenant, Tenant shall, at its sole expense, demolish and remove from the Premises all Permitted Non-Structural Alterations and shall deliver up to Landlord the Premises in its condition following the completion of the Leasehold Improvements constructed in accordance with the Working Drawings pursuant to Exhibit "C" attached hereto and made a part hereof (unless otherwise required by Landlord by written notice to Tenant as hereinabove provided), reasonable wear and tear excepted. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or impair the structural integrity of the Building and other improvements situated on the Premises. Following the completion of all alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basisincluding Permitted Non-Structural Alterations). Tenant shall deliver to Landlord accurate, and (iii) Tenant provides Landlord with prior notice of any reproducible "as built" plans or such alterations, additions or improvements, including a reasonably detailed description as constructed. Notwithstanding anything to the contrary contained herein, it is agreed that the use of and access to the roof of the alterationsBuilding is expressly reserved to Landlord and is expressly denied to Tenant (except in order to permit Tenant to discharge its obligation to repair, additions maintain and service the HVAC unit situated on the roof of the Building and to install, repair, maintain and remove the Telecommunications Equipment as hereinafter provided or improvements. Landlord shall notify to comply with Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of 's other obligations under this Lease). In Tenant shall not penetrate the roof of the Building in any eventmanner, Landlord shall have right to require Tenant to remove nor install or construct any alterations, additions or improvements from thereon, nor otherwise use or occupy the Premises that were made by roof as any time during the Term hereof (except such use and occupation of the roof as is necessary in order to permit Tenant without Landlord’s consent if such consent is required by to discharge its obligation to repair, maintain and service the terms HVAC unit situated on the roof of the Building and to install, repair, maintain and remove the Telecommunications Equipment or to comply with other provisions of this paragraph ll(aLease). In those circumstances where Tenant shall not, however, be required is entitled to remove any of enter onto the Tenant Improvements from roof in accordance with the Premises. Notwithstanding anything to the contrary hereinpreceding sentence, Tenant shall have not in any event cause the right roof warranty of the Building to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemimpaired or invalidated (in whole or in part).

Appears in 1 contract

Samples: Disturbance Agreement (Ameritrade Holding Corp)

Alterations. (a) Tenant shall not make, make no changes in or permit to be made, any alterations, additions or improvements to the Premises, or demised premises of any part thereof, nature without Owner's prior written consent. Subject to the prior written consent of LandlordOwner, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the Premises shall be interior of the demised premises using contractors or mechanics first approved by Owner. Tenant shall, at Tenant’s sole cost and its expense, in compliance with before making any alterations, additions, installations or improvements obtain all Applicable Lawspermits, approval and in accordance with plans certificates required by any governmental or quasi-governmental bodies and specifications submitted in writing (upon completion) certificates of final approvals thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and approved in writingOwner. Tenant agrees to carry and will cause Tenant's contractors and sub7contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms as part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to proceed this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant's expense, by filing the bond required by law or otherwise. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) Tenant no later than twenty days after Tenant’s receipt of such written consent. Notwithstanding anything prior to the contrary hereindate fixed as the termination of this lease, elects to relinquish Owner's right thereto and to have them removed by Tenant, in which event the same shall be removed from the demised premises by Tenant may construct non-structural alterationsprior to the expiration of the lease, additions at Tenant's expense. Nothing in this Article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and improvements in the Premises without Landlord’s prior approval so long as (i) such alterationsequipment, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost but upon removal of any such alterationsfrom the premises or upon removal of other installations as may be required by Owner, additions Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basisthe building due to such removal. All property permitted or required to be removed, and (iii) by Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description at the end of the alterationsterm remaining in the premises, additions or improvements. Landlord upon Tenant's vacating or removal prior thereto after Tenant's removal shall notify Tenantbe deemed abandoned and may, at the time election of Landlord’s consent to any alterationsOwner, additions either be retained as Owner's property or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements removed from the Premises premises by Owner, at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system's expense.

Appears in 1 contract

Samples: First Modification of Lease Agreement (Opus360 Corp)

Alterations. (a) 3. Tenant shall not make, make no changes in or permit to be made, any alterations, additions or improvements to the Premises, or demised premises of any part thereof, nature without Owner’s prior written consent. Subject to the prior written consent of LandlordOwner, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any provisions of this article, Tenant, at Txxxxx’s expense, may make alterations, installations, additions or improvements which are nonstructural and which do not affect utility services or plumbing and electrical lines, in or to the Premises interior of the demised premises using contractors or mechanics first approved in each instance by Owner. Tenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner. Txxxxx agrees to carry and will cause Txxxxx’s contractors and sub-contractors to carry such wxxxxxx’x compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic’s lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at Txxxxx’s expense, by payment or filing the bond required by law or otherwise. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant’s behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner’s right thereto and to have them removed by Tenant, in which event the same shall be removed from the demised premises by Tenant prior to the expiration of the lease, at Tenant’s sole cost expense. Nothing in this Article shall be construed to give Owner title to or prevent Txxxxx’s removal of trade fixtures, moveable office furniture and expenseequipment, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost but upon removal of any such alterationsfrom the premises or upon removal of other installations as may be required by Owner, additions Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any the building due to such alterations, additions removal. All property permitted or improvements, including a reasonably detailed description required to be removed by Txxxxx at the end of the alterations, additions or improvements. Landlord term remaining in the premises after Txxxxx’s removal shall notify Tenantbe deemed abandoned and may, at the time election of Landlordthe Owner, either be retained as Owner’s consent to any alterations, additions property or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements removed from the Premises premises by Owner, at the expiration or sooner termination of this LeaseTxxxxx’s expense. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this See paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system.“66th” in Rider Repairs:

Appears in 1 contract

Samples: American Defense Systems Inc

Alterations. Tenant shall not make alterations and additions to the Premises (including, without limitation, the Additional Land Areas as that term is defined in Section 8.27 below) except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld or delayed. However, Landlord's determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises shall be in Landlord's sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord's opinion might adversely affect any structural or exterior element of the Buildings, any area or element outside of the Premises, or any facility or base building mechanical or electrical system serving any area of the Buildings outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Buildings or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Buildings or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the Rentable Floor Area of the Premises, or (e) except with respect to the Tenant Improvement Work, are inconsistent, in Landlord's judgment, with alterations satisfying Landlord's standards for new alterations in the Buildings. 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 Buildings and the other requirements of this Lease with respect to Tenant's insurance obligations (herein called "Insurance Requirements") nor deemed a waiver of Tenant's obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not makebe acting as Landlord's agent in performing any work in the Premises, accordingly, no contractor, subcontractor or permit supplier shall have a right to lien Landlord's interest in the Property in connection with any such work. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall pay to Landlord as a fee for Landlord's review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of: (i) $ 150.00 per hour for time spent by Landlord's in-house personnel, plus (ii) third party expenses incurred by Landlord to review Tenant's plans and Tenant's work (provided such third party expenses are reasonable and within market rates, and are accompanied by receipts and invoices). All alterations and additions shall be part of the Building unless and until Landlord shall timely specify the same for removal at the time Landlord approves of such alteration or additions under this Section 5.14 or under Section 3.2(B) above with respect to the Tenant Improvement Work (it being understood and agreed that the removal of any alterations or additions that do no require Landlord's approval shall be subject to the terms of Section 5.14.1 below). All of Tenant's alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and, except as otherwise expressly permitted under Article III above with respect to the Tenant Improvement Work, in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord's general contractor or by contractors or workers first approved by Landlord, which approval will not be unreasonably withheld, conditioned 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 madefurnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material (it being understood and agreed that no such security shall be required to be posted for contracts of less than $50,000.00); 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 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 and naming and insuring Landlord and Landlord's managing agent as additional insureds and insuring Tenant as well as the 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 promptly after any such alterations, improvements or installations are substantially complete and a set of schematic plans, in both print and electronic forms, promptly after any wiring or cabling for Tenant's computer, telephone and other communications systems is installed by Tenant or Tenant's contractor; provided, however, that if the work is not of a nature where as-built plans would customarily be prepared, Tenant shall only be required to prepare and submit the type of plans that would customarily be prepared in connection with such work. 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 PremisesBuilding that are required in order to comply with Legal Requirements as a result of any work performed by Tenant (expressly including the Tenant Improvement Work being performed by Tenant under Article III above). 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 (a copy of Landlord's current rules and regulations for construction being attached hereto as Exhibit F-2). Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any part thereofliens for labor or materials performed or furnished in connection therewith to attach to the Premises or the Buildings or the Site and promptly (in no event to exceed thirty (30) days) to discharge any such liens which may so attach. Tenant shall pay, without as Additional Rent, 100% of any real estate taxes on the prior written consent Complex which shall, at any time after commencement of Landlordthe Term, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an result from any alteration, addition or improvement to the PremisesPremises made by Tenant. Any alterations, additions or improvements to the Premises Tenant acknowledges and agrees that Landlord shall be at Tenant’s sole cost and expensethe owner of any additions, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions alterations and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) Buildings to the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required extent paid for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system.

Appears in 1 contract

Samples: Agreement (Irobot Corp)

Alterations. (a) 3. Except as otherwise expressly permitted in this lease, Tenant shall not make, make no changes in or permit to be made, any alterations, additions or improvements to the Premises, or demised premises of any part thereof, nature without Landlord's prior written consent. Subject to the prior written consent of Landlord, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the Premises interior of the demised premises by using contractors or mechanics first reasonably approved by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord's right hereto and to have them removed by Tenant, in which event, the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant’s sole cost 's expense. Nothing in this article shall be construed to give Landlord title to or to prevent Xxxxxx's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in compliance with the premises after Xxxxxx's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the premises by Landlord at Tenant's expense. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all Applicable Lawspermits, approvals and in accordance with plans certificates required by any governmental or quasi-governmental bodies and specifications submitted in writing (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and approved in writingXxxxxx agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Landlord may reasonably require. Tenant agrees not If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to proceed to make any alterationshave been done for, additions or improvementsmaterials furnished to, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at whether or not done pursuant to this article, the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will same shall be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made discharged by Tenant without Landlord’s consent if such consent is within 30 days thereafter, at Xxxxxx's expense, by filing the bond required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemlaw.

Appears in 1 contract

Samples: Paradise Music & Entertainment Inc

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Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the PremisesPremises (including, or any part thereofbut not limited to, roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Normal repair and maintenance If Landlord consents to Tenant's contractors doing the work, including painting Landlord may require, at Landlord's sole option, that Tenant provide, at Tenant's expense, a lien and recompletion bond in an amount equal to 1-carpeting1/2 times any and all estimated costs of improvements, additions or alterations in the Premises to insure Landlord against any liability or mechanic's and materialmen's lien which may arise in accordance with Paragraph 23 of this Lease Agreement and to insure completion of the work. 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, additions, improvements and partitions erected by Tenant shall not be deemed 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 Premises to their original condition by the date of termination of this lease or upon earlier vacating of the Premises, provided, however, that, if Landlord so elects, prior to termination of this lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the Premises and shall be an alteration, addition or improvement delivered up to the Landlord with the Premises. Any alterationsAll shelves, additions or improvements bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any eventlease, Landlord if Tenant so elects, and shall have right to require Tenant to remove any alterations, additions be removed by the date of termination of this lease or improvements from upon earlier vacating of the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a)Landlord. Tenant shall not, however, be required to remove Upon any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary hereinsuch removal, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to restore the Premises which may to their original condition. All such removals and restoration shall be required accomplished in a good workmanlike manner so as not to install Tenant’s security systemdamage the primary structure or structural qualities of the Buildings and other improvements situated on the Premises.

Appears in 1 contract

Samples: Lease Agreement (United Stationers Supply Co)

Alterations. (a) Tenant shall not makemake no alterations, or permit to be made, any alterationsdecorations, additions or improvements in or to the Premises, or any part thereof, Premises without the Landlord's prior written consent consent, and then only by contractors or mechanics approved by Landlord. All such work shall be done at such times and in such manner as Landlord may from time to time designate. Tenant covenants and agrees that all work done by or pursuant to the direction and instruction of 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 Service Office, and of any similar body. Before commencing any work, Tenant shall give Landlord at least twenty-one (21) days written notice of the proposed commencement of such work and shall, if required by Landlord, which consent secure at Tenant's own cost and expense, a completion and lien indemnity bond, satisfactory to Landlord, for said work. Landlord shall not be unreasonably withheld. Normal repair have the right at all times to post notices of non-responsibility on the Premises and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to record verified copies thereof in connection with all work of any kind upon the Premises. Any ., All alterations, decorations, additions or improvements to upon the Premises shall be at Premises, made by Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description without limitation wall coverings, draperies, floor coverings, built-in cabinet work, paneling and the like (but excluding Tenant's trade fixtures, if any, equipment and furnishings) shall become the property of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the upon expiration or sooner termination of this Lease. In any event, and shall remain upon and be surrendered with the Premises as part thereof, except that Landlord shall have right may, by written notice to Tenant, given at lest thirty (30) days prior to the end of the term, require Tenant to remove any alterationsall partitions, additions counters, railings and the like installed by or improvements from pursuant to the direction and instruction of Tenant, and Tenant shall repair the Premises that were made ** Any items of alteration submitted by Tenant without and approved by Landlord that require removal from premises upon expiration of lease shall be identified by Landlord at time of initial approval by Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system.

Appears in 1 contract

Samples: Tickets Com Inc

Alterations. (a) The Tenant shall not make, or permit has no rights to be made, carry out any alterations, additions works or improvements installations to the PremisesPremises unless it is expressly permitted to do so under this Clause 4.10. The Tenant may install, or any part thereof, alter and remove tenant's fixtures29 and carry out internal non-structural works to the Premises that will not have an adverse impact on the Environmental Performance of the Premises without the prior written consent of Landlord's consent, which consent shall not be unreasonably withheldbut the Tenant must notify the Landlord promptly after completing those works. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed To enable those works to be an alterationcarried out, addition the Tenant may drill fixing holes into the floors, ceilings, columns or improvement to walls of the Premises. Any alterationsThe Tenant must comply with its obligations in Part 5 of the Schedule when carrying out or installing any Permitted Works, additions whether or improvements not the Landlord's consent is required for them.30 Signs and advertisements The Tenant must not display any signs or advertisements on the Premises that are visible from outside the Premises except for business signs that indicate the Tenant's trading name in the style of and consistent with the Tenant's standard business signage. Obligations at the End Date By the End Date the Tenant must have removed: all tenant's and trade fixtures and loose contents from the Premises; all Electronic Communications Apparatus and apparatus relating to Wireless Data Services installed by the Tenant or any sub-tenant at the Premises; all signage installed by the Tenant or any sub-tenant at the Premises; unless and to the extent that the Landlord and the Tenant otherwise agree, all Permitted Works; and without affecting any other Landlord's rights, any works that have been carried out in breach of any obligation in this Lease. The Tenant must make good all damage to the Premises shall be at caused when complying with Clause 4.12.1 and restore them to the same configuration, state and condition as they were in before the items removed were originally installed. At the End Date the Tenant must: give back the Premises (and the fixtures, plant and equipment in them) in good decorative order and in a state, condition and working order consistent with the Tenant’s sole cost 's obligations in this Lease;31 give back the Premises with vacant possession; and expensehand to the Landlord any registers or records maintained by the Tenant pursuant to any statutory duty that relate to the Premises including any health and safety file, EPC and asbestos survey. If the Tenant has not removed all of its property from the Premises by the End Date: the Landlord may dispose of that property as the agent of the Tenant after giving the Tenant not less than five Business Days' notice of its intention to do so; the Tenant must indemnify the Landlord against any liability of the Landlord to any third party whose property has been disposed of in the genuine but mistaken belief that it belonged to the Tenant; and the Landlord must pay to the Tenant the proceeds of the disposal after deducting the costs of transportation, storage and disposal incurred by the Landlord. User The Tenant must not use the Premises other than for the Permitted Use. The Tenant must not use the Premises: for any illegal activity; [for trading in vehicles or carrying out repairs to and maintenance of them;] as a betting office, an amusement arcade or in connection with gaming; for any political or campaigning purposes or for any sale by auction;32 or for the sale of alcohol for consumption on or off the Premises or for the preparation or cooking of food other than, in compliance either case, in connection with all Applicable Lawsstaff catering facilities ancillary to the Permitted Use. The Tenant must not: keep in the Premises any plant, and machinery or equipment (except that properly required for the Permitted Use) or any petrol or other explosive or specially flammable substance[ (other than petrol in the tanks of vehicles parked in any parking spaces within the Premises)]; load or unload any vehicle unless it is in a loading area provided for that purpose; cause any nuisance or damage to the Landlord or to the owners, tenants or occupiers of any adjoining premises; overload any part of the Premises or any plant, machinery, equipment or Conducting Media; do anything that blocks the Conducting Media or makes them function less efficiently including any blockage to or corrosion of any drains, pipes or sewers by virtue of any waste, grease or refuse deposited by the Tenant or any cleaning of them carried out by the Tenant; operate any apparatus so as to interfere with the lawful use of Electronic Communications Apparatus or the provision of Wireless Data Services on any adjoining premises; cause any land, roads or pavements near to the Premises to be untidy or dirty, or deposit anything on them; use any machinery on the Premises that is audible outside the Premises or that causes significant vibration outside the Premises; in relation to any parts of the Premises that are not built on store, keep or stack any materials, plant, equipment, bins, crates, boxes, refuse, waste or rubbish or any receptacle for waste, refuse or rubbish or any other item otherwise than in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description requirements of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to 's insurers and any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were regulations made by Tenant without the Landlord’s consent if such consent is required by ; burn rubbish or waste materials, paper, wood or other combustible matter on the terms of this paragraph ll(a). Tenant shall notPremises[ except in boilers or incinerators provided for that purpose]; or emit any smoke, however, be required to remove any of the Tenant Improvements fumes or smells from the Premises. Notwithstanding anything The Landlord does not warrant that the Permitted Use is, will be, or will remain lawfully permitted under the Planning Acts or the title deeds. The Tenant remains bound by the Tenant's obligations under this Lease even if the use is not lawfully permitted under the Planning Acts. The Tenant must not install or use Electronic Communications Apparatus or apparatus relating to Wireless Data Services within the contrary herein, Premises unless solely for use in connection with the lawful occupier's business at the Premises[. Landlord's consent must be obtained prior to installation]. The Tenant shall have must provide the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans the names, addresses and specifications for the installation telephone numbers of Tenant’s not fewer than two people who from time to time hold keys and any security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations access codes to the Premises which and who may be contacted in an emergency if the Landlord needs access to the Premises outside the Tenant's normal business hours. [The Tenant must not use any parking spaces forming part of the Premises: except for the parking of vehicles belonging to persons working at the Premises or any authorised visitors to the Premises; or for the repair, refuelling or maintenance of any vehicles.] [The Tenant must comply with the provisions in Part 8 of the Schedule.]33 Dealings with the Premises34 The Tenant must not assign, sub-let, charge, hold on trust or part with or share possession or occupation of the Premises in whole or in part, except as authorised under this Clause 4.14[ or Part 7 of the Schedule]. The Tenant may assign the Tenant's right to the whole of the Premises with the Landlord's consent (such consent not to be unreasonably withheld or delayed if the prospective tenant is of sound financial standing and demonstrably capable of fulfilling the Tenant's obligations under this Lease),35 except that: the Landlord may refuse consent to assign if the Tenant has not paid in full the Rent and all other sums due to the Landlord under this Lease that are not the subject of a legitimate dispute about their payment; the Landlord may refuse consent to assign in any other circumstances where it is reasonable to do so; [and] the Landlord may require any other condition to the Landlord's consent if it is reasonable to do so[; and if required by the Landlord, any consent to install assign may be subject to a condition that any Environmental Permits held by the assigning tenant that are required for the use and enjoyment of the Premises by the assignee are transferred to the assignee]36. [The provisions of Part 7 of the Schedule apply to sub-lettings of the Premises and the Tenant must comply with its obligations in that Part of the Schedule.] The Tenant may charge the Tenant’s security system's right to the whole of the Premises to a genuine lending institution without the Landlord's consent but the Tenant must notify the Landlord under Clause 4.15 of any charge created. In addition to the provisions of this Clause 4.14, the Tenant may share occupation of the Premises with a Group Company of the Tenant[ or a Service Provider] on condition that:37 the Tenant notifies the Landlord of the identity of the occupier and the part of the Premises to be occupied; no relationship of landlord and tenant is created or is allowed to arise; the sharing of occupation ends if the occupier is no longer a Group Company of the Tenant[ or a Service Provider]; and the Tenant notifies the Landlord promptly when the occupation ends.

Appears in 1 contract

Samples: Lease

Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the PremisesPremises (including, or any part thereofbut not limited to, roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Normal repair and maintenance If Landlord consents to Tenant's contractors doing the work, including painting Landlord may require, at Landlord's sole option, that Tenant provide, at Tenant's expense, a lien and recompletion bond in an amount equal to one and one half (1-carpeting1/2) times any and all estimated costs of improvements, additions or alterations in the Premises to insure Landlord against any liability or mechanic's and materialmen's liens which may arise in accordance with Paragraph 23 of this Lease Agreement and to insure completion of the work. 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 the building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall not be deemed 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 Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises; provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations, additions, improvements, and partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be an alteration, addition or improvement delivered up to the Landlord with the Premises. Any alterationsAll shelves, additions or improvements bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any eventLease if Tenant so elects, Landlord and shall have right to require Tenant to remove any alterations, additions be removed by the date of termination of this Lease or improvements from upon earlier vacating of the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a)Landlord. Tenant shall not, however, be required to remove Upon any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary hereinsuch removal, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to restore the Premises which may to their original condition. All such removals and restoration shall be required accomplished in a good workmanlike manner so as not to install Tenant’s security systemdamage the primary structure or structural qualities of the building and other improvements situated on the Premises.

Appears in 1 contract

Samples: Lease Agreement (Industrial Data Systems Corp)

Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the PremisesPremises (including but not limited to roof, or any part thereof, floor and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement In the event Landlord consents to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost making of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basisby Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. If Landlord and Tenant so agree, the alterations, additions or improvements may be made by Landlord for Tenant's account and, in such event, Tenant shall fully reimburse Landlord for the entire cost thereof, including a fee of fifteen percent (iii15%) of such cost to cover Landlord's overhead, within twenty (20) days after written notification of Tenant provides by Landlord providing Tenant with an invoice or other request (or statement). Promptly after completion of any alterations, additions, or improvements to the Premises made by Tenant, Tenant shall supply Landlord with prior notice a set of any scaled and dimensioned, reproducible mylars of "as-built" plans for such alterations, additions or improvements, including certified by Tenant's architect or space planner. Tenant may, without the consent of Landlord, but at its own cost and expense and in a reasonably detailed description good and workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the alterations, additions Building or improvements. Landlord shall notify Tenant, at improvements and without overloading or damaging the time of Landlord’s consent to any alterations, additions Building or improvements, or if Landlord’s consent is not required for any such and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions or additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term and Tenant shall, unless Landlord otherwise elects as specified herein (including any security system installed by Tenant)provided, within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such all alterations, additions or additions, improvements from and partitions erected by Tenant and restore the Premises at to their condition, as existed after completion of the expiration Leasehold Improvements, normal wear and tear, casualty and condemnation excepted, on or before the Lease Expiration Date or any sooner date of termination of this Lease. In any event; provided, however, that if Landlord shall have right so elects prior to require Tenant to remove any termination or expiration of this Lease, such alterations, additions additions, improvements and partitions shall become the property of Landlord as of the Lease Expiration Date or improvements from any sooner date of termination of this Lease and shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed on or before the Lease Expiration Date or any sooner date of termination of this Lease if required by Landlord; upon any such removal Tenant shall restore the Premises that were made by Tenant without Landlord’s consent if to their original condition. All such consent is required by removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the terms primary structure or structural qualities of this paragraph ll(a)the Building and improvements situated in the Premises. Tenant shall not, however, not be required to remove any of the Tenant Leasehold Improvements from the Premises. Notwithstanding anything constructed pursuant to the contrary hereinWork Letter attached hereto as Exhibit "C." In addition, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may not be required to install remove any subsequent alteration or improvement made by Tenant’s security system, provided Tenant obtains Landlord's written consent to surrender such alteration or improvement with the Premises, at the time Landlord consents to the making of such alteration or improvement.

Appears in 1 contract

Samples: Lease Agreement (Synquest Inc)

Alterations. (a) Tenant Subtenant shall not make, or permit to be made, make any alterations, additions or improvements in or to the PremisesSubleased Premises which are structural in nature or which would affect the plumbing, electrical lines or systems or HVAC systems of the Building in any part thereof, substantial respect without the prior written consent of LandlordOverlandlord and Sublessor. Subtenant may make cosmetic, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and or improvements in or to the Subleased Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will which do not materially or adversely affect the plumbing, or electrical lines or systems or HVAC systems of the Building Systemswithout Sublessor's prior written consent, (ii) the total cost of but subject to reasonably prior notice to Sublessor and Overlandlord, as to any such alterations, additions or improvements does not exceed Twenty costing Seven Thousand Dollars Five Hundred ($20,0007,500) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions Dollars or improvements, including a reasonably detailed description of the alterations, additions or improvementsmore. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such All other alterations, additions or improvements as specified herein (including any security system installed by Tenant)in or to the Subleased Premises shall require Sublessor's prior written consent, within fifteen (15) days after Tenant’s request for a determination by Landlordwhich shall not be unreasonably withheld, whether Tenant subject to the approval of Overlandlord if required under the Main Lease. Subtenant covenants that it will be required to remove any cause all such alterations, additions and improvements to be performed at Subtenant's sole cost and expense and in a manner which: (a) is consistent with the approved plans and specifications and any conditions imposed by Sublessor or improvements Overlandlord in connection therewith (if applicable); (b) is in conformity with high quality commercial standards; (c) includes reasonably acceptable insurance coverage for Sublessor's and Overlandlord's benefit; (d) does not adversely affect the structural integrity or building systems of the Building; (e) does not disrupt the business or operations of any tenants in the Building; and (f) does not invalidate or otherwise affect the construction and systems warranties then in effect with respect to the Building. Subtenant or Subtenant's contractor shall: (i) secure all governmental permits and approvals, as well as comply with all other applicable governmental requirements and restrictions; (ii) reimburse Sublessor for all reasonable expenses incurred in connection therewith; and (iii) comply with any reasonable requirements of Sublessor's construction consultant imposed in connection therewith, if any. Subtenant shall indemnify, defend and hold harmless Sublessor from and against all losses, liabilities, damages, liens, costs, penalties and expenses (including attorney's fees, but without waiver of the Premises at duty to hold harmless) arising from or out of the expiration or sooner termination performance of this Lease. In any event, Landlord shall have right to require Tenant to remove any such alterations, additions and improvements, including, but not limited to, all which arise from or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by out of Subtenant's breach of its obligations under the terms of this paragraph ll(a)Paragraph. Tenant shall not, however, be required Subject to remove any Article 3 and the other provisions of the Tenant Improvements from Main Lease, all alterations, additions and improvements, except Subtenant's trade fixtures, moveable office furniture and equipment, shall upon expiration or termination of this Sublease immediately become the Premises. Notwithstanding anything property of Sublessor without any obligation on its part to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systempay therefor.

Appears in 1 contract

Samples: Marvel Enterprises Inc

Alterations. (a) Tenant Lessee shall not make, make or permit allow to be made, made any alterations, installations, additions or improvements in or to the Premises, or any part thereofplace safes, vaults, or other heavy furniture or equipment within the Premises, without the Lessor’s prior written consent of Landlordconsent, which consent shall not be unreasonably withheldwithheld or delayed; provided, however, Lessee shall have the right, without Lessor’s consent, to construct additional or alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement Lessor consents to the Premisespresence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. Any All alterations, additions installations, additions, or improvements improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be at Tenant’s sole cost and expense, in compliance surrendered with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect and become the Building Systems, (ii) the total cost property of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises Lessor at the expiration or sooner termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements all of Lessee’s property from the Premises and repair all damage caused by such removal. All such removal of Lessee’s property shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that were made by Tenant without Landlordno mechanic’s, materialman’s consent if or other similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such consent is required by the terms of this paragraph ll(a). Tenant shall notliens or other claims to be asserted against Lessor or Lessor’s rights, howeverestate, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord and interests with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations respect to the Premises which may or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the signs and Lessee shall be required liable to install Tenant’s security systemLessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, damage, cost, expense, and liability in connection with such removal, storage, or disposal.

Appears in 1 contract

Samples: Lease (1st Independence Financial Group, Inc.)

Alterations. (a) All Alterations by Tenant must be in accordance with the requirements of this Lease. The Tenant may, provided the Tenant is in compliance with all applicable provisions of this Section 13 make at its sole cost and expense Alterations which are not Material Alterations without the consent of Landlord. Tenant shall not make, or permit be required to be made, any alterations, additions or improvements to the Premises, or any part thereof, without the obtain Landlord's prior written consent of Landlord, (which consent shall not be unreasonably withheldwithheld or delayed) with regard to Material Alterations. Normal repair Before proceeding with any Material Alteration, Tenant shall submit to Landlord for Landlord's approval (which approval or disapproval (with reasons for such disapproval) Landlord shall provide to Tenant within seven (7) days after receipt of such plans and maintenance workspecifications), including painting the name of the contractor and re-carpetingplans and specifications for the work to be done and Tenant shall not proceed with such work until it obtains Landlord's approval, which approval shall not be unreasonably withheld or delayed. In the event that Landlord has failed to approve such plans and specifications within said seven (7) day period, such plans and specifications shall be deemed approved. Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of the Alterations and for final approval thereof upon completion and shall cause the Alterations to be an alterationperformed in a good and workmanlike manner in 12 accordance with the requirements of all applicable governmental authorities. All Alterations shall be diligently performed in a good and workmanlike manner, addition using materials and equipment at least equal in quality and class to the original installations of the Premises. All decorations, additions, improvements or improvement other alterations to the Premises. Any alterations, additions or improvements to except for the Tenant's Property, shall, unless Landlord elects otherwise in writing, become the property of Landlord upon the expiration of this Lease, and shall be surrendered with the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt the expiration of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvementsthis Lease. Landlord shall notify Tenant, have the right to designate at the time of Landlord’s consent its approval of any request by Tenant for permission to any alterations, additions or improvements, or if Landlord’s consent is not required make Material Alterations to the Premises those items for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether which Landlord reasonably reserves the right to require Tenant will be required to remove any such alterations, additions or improvements from the Premises at upon the expiration or sooner termination of the term of this Lease. In any eventAny such designation shall be in Landlord's reasonable discretion, Landlord shall have right based upon sound business judgment as to require Tenant the probable effect of such Material Alteration upon Landlord's ability to remove any alterations, additions or improvements from re-let the Premises that were made by Tenant without Landlord’s consent if such consent is upon the expiration or sooner termination of the Term of this Lease. If required by Landlord in accordance with the terms of this paragraph ll(a). Tenant shall notforegoing, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations such Material Alteration to the Premises which may shall be required removed at Tenant's expense upon the expiration or sooner termination of the Term of this Lease and Tenant, at its expense, shall also repair any damage to install Tenant’s security systemthe Premises caused by such removal, reasonable wear and tear, casualty, condemnation and Acts of God excepted.

Appears in 1 contract

Samples: Lease (Anchor Funding Services, Inc.)

Alterations. (a) Tenant shall not make, or permit to be made, any alterations, additions or improvements to the Premises, or any part thereof, without After obtaining the prior written consent of LandlordLessor, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to Lessee may make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval (so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does are not exceed Twenty Thousand Dollars ($20,000structural in nature and not visible from the exterior of the Premises) on a per project basisat its sole cost and expense. Lessee agrees to save Lessor harmless from any damage, loss, or expense arising therefrom and (iii) Tenant provides Landlord to comply with prior notice all laws, ordinances, rules and regulations. Upon termination of any such this Lease, all of the then-existing alterations, additions and improvements made in, to or improvements, including a reasonably detailed description on the Premises by Lessee or by Lessor as part of the initial improvements (including without limitation all electrical, lighting, plumbing, heating, air conditioning, and communications equipment and systems, doors, windows, partitions, drapery, carpeting, shelving, counters, and other physically attached fixtures unless excluded by written agreement between Lessor and Lessee) shall remain upon and be surrendered as a part of the Premises; provided however, Lessee shall remove those additions, alterations, additions or improvements (other than the Building standard improvements) as may be specified by Lessor, and repair and restore the Premises to its original condition at Lessee's sole cost and expense prior to expiration of the Term. Landlord Lessee may request, and Lessor shall notify Tenantcomply with such request within ten (10) days after Lessor's receipt of such request, at the time of Landlord’s consent it obtains Lessor's approval to any make alterations, additions or improvements, or if Landlord’s consent is not required for that Lessor identify in writing any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will specific item that Lessor requires to be required to remove any such alterations, additions or improvements from the Premises removed at the expiration or sooner termination of this Lease. In any eventNotwithstanding the foregoing to the contrary, Landlord Lessee shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required no obligation to remove any of the Tenant Lessee Improvements from the Premisesmade pursuant to EXHIBIT D hereto, unless specifically identified by Lessor in EXHIBIT D hereto. Notwithstanding anything Any structural and other changes, alterations or additions in or to the contrary hereinBuilding, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises or the Common Areas which may be necessary or required to install Tenant’s security systemby reason of any law, rule, regulation or order promulgated by competent governmental authority shall be made promptly by Lessor after receipt of valid written notice from such authorized governmental authority requiring such change, alteration or addition.

Appears in 1 contract

Samples: Office Lease (Shopnow Com Inc)

Alterations. (a) Tenant shall not make, or permit to be made, any make no alterations, additions or improvements to the Premisesadditions, or any part thereof, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost without Landlord's prior written consent and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consentwithout a valid building permit issued by the appropriate governmental agency. Notwithstanding anything to the contrary hereinforegoing, Tenant may construct non-structural alterations, additions and improvements in make nonstructural cosmetic changes to the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will the same does not materially or adversely affect any Building systems and the Building Systems, (ii) the total cost of which does not exceed a cumulative sum of $2,000 annually. Upon termination of this Lease, any such alterations, additions additions, or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basisincluding without limitation all electrical, lighting, plumbing, heating and air- conditioning equipment, doors, windows, partitions, drapery, carpeting, shelving, counters, and (iiiphysically attached fixtures) shall at once become part of the realty and belong to Landlord unless Landlord requests that part or all of the additions, alterations, or improvements be removed. In such case, Tenant provides shall at its sole cost and expense promptly remove the specified additions, alterations, or improvements and repair and restore the Premises to its original condition. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with prior notice a contractor approved by Landlord for the construction of any such alterations, additions or improvementsshall secure all appropriate governmental approvals and permits, including and shall complete such alterations with due diligence in compliance with the plans and specifications approved by Landlord. All such construction shall be performed in a reasonably detailed description manner that will not interfere with the quiet enjoyment of other tenants of the alterations, additions or improvementsBuilding. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as approve the contractor used by Tenant provides Landlord for any work in the Premises, and to post notices of nonresponsibility in connection with plans and specifications for work being performed by Xxxxxx in the installation of Premises. Work by Tenant shall comply with all laws then applicable to the Premises. Tenant shall not allow any liens to attach to the Building or Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to interest in the Premises which may be required to install Tenant’s security systemas a result of its activities or any alterations.

Appears in 1 contract

Samples: Lease Agreement

Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the PremisesPremises (including, or any part thereofwithout limitation, the roof and wall penetrations) without the prior written consent of Landlord. Tenant may, which without the consent shall not be unreasonably withheld. Normal repair of Landlord, but at its own cost and maintenance workexpense and in a good and workmanlike manner erect such shelves, including painting bins, machinery, and re-carpetingother trade fixtures as it may deem advisable, shall not be deemed to be an alteration, addition without altering the basic character of the Premises or improvement to the Premises. Any alterations, additions Building or improvements to and without overloading or damaging the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Lawsor such building or improvements, and in accordance each case after complying with plans all applicable governmental laws, ordinances, regulations and specifications submitted in writing to Landlord and approved in writingother requirements. Tenant agrees not to proceed to make any All alterations, additions or improvementsadditions, notwithstanding consent from improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord to do sootherwise elects as hereinafter provided, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to the contrary hereinoriginal condition as of the commencement of the Term, ordinary wear and tear not preventable by Tenant may construct non-structural alterationsexcepted, additions and improvements in by the Premises without Landlord’s prior approval date of termination of this Lease or upon earlier vacating of the Premises; provided, however, that if at such time Landlord so long as (i) elects, such alterations, addition additions, improvements and partitions shall become the property of Landlord as of the date of termination of this Lease or improvements will not materially upon earlier vacating of the Premises and title shall pass to Landlord under this Lease as if by a xxxx of sale. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or adversely affect upon earlier vacating of the Building Systems, (ii) the total cost of Premises if required by Landlord; upon any such alterations, additions removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description structural utilities of the alterationsbuildings and other improvements within which the Premises are situated. If Landlord shall, additions or improvements. Landlord shall notify Tenantin its sole discretion, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed proposed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have construct the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord same in a good and workmanlike manner and in accordance with plans all governmental laws, ordinances, rules and specifications for the installation of Tenant’s security system regulations and shall, prior to the installation thereof construction, provide such assurances to Landlord, (including but not limited to, waivers of lien, surety company performance bonds and provided further that personal guaranties of companies or individuals of substance) as Landlord shall have reasonable approval rights over reasonably require to protect Landlord against any alterations to the Premises which may be required to install Tenant’s security systemloss from any mechanics', laborers, or materialmen's liens, or other liens.

Appears in 1 contract

Samples: Lease Agreement (Dt Industries Inc)

Alterations. (a) Except for any initial improvement of the Demised ----------- Premises pursuant to Exhibit "D", which shall be governed by the provisions of ----------- said Exhibit "D", Tenant shall not make, suffer or permit to be mademade any ----------- alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent, which consent shall not be unreasonably withheld or delayed; provided, however, that Tenant shall have the right, without obtaining Landlord's consent, to move low voltage telephone lines and local area network lines within and which serve the Demised Premises, so long as such actions do not affect the service of any other tenant of the Building and do not affect the Building Systems, and such work is done by an electrician (or other professional, as appropriate, and which may be an employee of Tenant) consented to by Landlord (with such consent as to the identity of such a person applying to subsequent work of the same or similar type by such person). Any such alterations, additions or improvements to the PremisesDemised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account (at such reasonable rates as are typically charged for such work) and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), or any part thereofas Rent, without the prior written consent within thirty (30) days after receipt of Landlord, which consent shall not be unreasonably withhelda statement. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any All such alterations, additions and improvements shall become Landlord's property at the expiration or improvements earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant, at the time Landlord responds to Tenant as to whether or not such alterations may be constructed in or made to the Premises Demised Premises, to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall be promptly restore, at Tenant’s its sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing the Demised Premises to Landlord and approved in writing. Tenant agrees not its condition prior to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt the installation of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans normal wear and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemtear excepted.

Appears in 1 contract

Samples: Lease Agreement (Manhattan Associates Inc)

Alterations. (a) A. Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the Premises, or any part thereof, Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Normal repair withheld so long as such alterations, additions or improvements do not impair the structural integrity of the Building, are not visible from the exterior of the Building and maintenance workdo not adversely affect the Building systems, including painting and, if Landlord does not respond to Tenant's written request (which request shall be accompanied by a reasonably detailed description of the contemplated alterations, additions and re-carpetingimprovements) within fifteen (15) days after the date of such request, Landlord's consent shall be deemed granted; provided, however, Tenant may make alterations that are nonstructural in character, which are not visible from the exterior of the Building and which do not adversely affect the Building systems (i) without Landlord's consent (but with prompt written notice to Landlord) so long as the cost thereof does not exceed $100,000 during the Term of this Lease, and (ii) with Landlord's prior written consent (which consent shall not be deemed unreasonably withheld so long as such work does not impair the structural integrity of the Building, is not visible from the exterior of the Building and does not adversely affect the Building systems) with respect to be an alterationalterations in excess of $100,000 during the Term of the Lease (collectively, addition or improvement the "Permitted Non-Structural Alterations"). If Landlord consents to the Premises. Any Tenant's proposed alterations, additions or improvements to the Premises, Landlord shall inform Tenant of its consent and promptly notify Tenant as to whether Landlord will require Tenant to remove the alteration, addition or improvement on or before the earlier to occur of the date of termination of this Lease or permanent vacating of the Premises by Tenant. It is contemplated by the parties that Tenant may construct a covered or, alternatively, an enclosed climate-controlled walkway connecting the Building to another building occupied by Tenant (the "Walkway"). Landlord hereby agrees that subject to the requirements of this Paraxxxxx 0X, Xxxxxxxx xxxll consent to Tenant's construction of the Walkway provided that (i) prior to commencement of construction of the Walkway, Tenant submits to Landlord Tenant's plans and specifications for the Walkway and Landlord approves same, which such approval shall not be unreasonably withheld; (ii) Tenant complies with the requirements of the "Alliance Development Guidelines," including, but not limited to, obtaining Development Review Board approval; and (iii) at Landlord's request, Tenant shall, prior to the expiration or termination of this Lease (or termination of Tenant's right of possession, if sooner) at Tenant’s 's sole cost and expense, remove the Walkway in compliance with all Applicable Lawsa good and workmanlike manner and restore the surface to its condition immediately prior to the commencement of construction of the Walkway, Tenant, at its own cost and in accordance with plans expense, may erect such shelves, bins, machinery and specifications submitted in writing to Landlord and approved in writingtrade fixtures as it desires without the consent of Landlord. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt 's erection of such written consent. Notwithstanding anything to shelves, bins, machinery and trade fixtures and the contrary herein, Tenant may construct nonconstruction of the Permitted Non-structural alterations, additions and improvements in Structural Alterations shall be on the Premises without Landlord’s prior approval so long as express condition that: (i) such alterationsitems do not impair the structural integrity of the Premises, addition or improvements will not materially or adversely affect the Building Systems, or such improvements; (ii) such items may be removed without material injury to the total cost Premises; and (iii) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with the "Alliance Development Guidelines". All alterations, additions, improvements and partitions erected by Tenant as well as the Permitted Non-Structural Alterations shall be and remain the property of any such Tenant during the Term of this Lease. On or before the earlier to occur of the date of termination of this Lease or permanent vacating of the Premises by Tenant, Tenant shall, at its sole expense, demolish and remove from the Premises all Permitted Non-Structural Alterations and shall deliver up to Landlord the Promises in its condition following the completion of the Leasehold Improvements constructed in accordance with the Working Drawings pursuant to Exhibit "C" attached hereto and made a part hereof (unless otherwise required by Landlord by written notice to Tenant as hereinabove provided), reasonable wear and tear excepted. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or impair the structural integrity of the Building and other improvements situated on the Premises. Following the completion of all alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basisincluding Permitted Non-Structural Alterations), and (iii) Tenant provides shall deliver to Landlord with prior notice accurate, reproducible "as built" plans of any such alterations, additions or improvements, including a reasonably detailed description as constructed. Notwithstanding anything to the contrary contained herein, it is agreed that the use of and access to the roof of the alterationsBuilding is expressly reserved to Landlord and is expressly denied to Tenant (except in order to permit Tenant to discharge its obligation to repair, additions maintain and service the HVAC unit situated on the roof of the Building and to install, repair, maintain and remove the Telecommunications Equipment as hereinafter provided or improvements. Landlord shall notify to comply with Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of 's other obligations under this Lease). In Tenant shall not penetrate the roof of the Building in any eventmanner, Landlord shall have right to require Tenant to remove nor install or construct any alterations, additions or improvements from thereon, nor otherwise use or occupy the Premises that were made by roof at any time during the Term hereof (except such use and occupation of the roof as is necessary in order to permit Tenant without Landlord’s consent if such consent is required by to discharge its obligation to repair, maintain and service the terms HVAC unit situated on the roof of the Building and to install, repair, maintain and remove the Telecommunications Equipment or to comply with other provisions of this paragraph ll(aLease). In those circumstances where Tenant shall not, however, be required is entitled to remove any of enter onto the Tenant Improvements from roof in accordance with the Premises. Notwithstanding anything to the contrary hereinpreceding sentence, Tenant shall have not in any event cause the right roof warranty of the Building to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemimpaired or invalidated (in whole or in part).

Appears in 1 contract

Samples: Lease Agreement (Ameritrade Holding Corp)

Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the Premises, or any part thereof, Premises without the prior written consent of Landlord; provided, however, Tenant may make alterations that are non-structural in character (i) without Landxxxx'x xonsent (but with prompt written notice to Landlord) so long as the cost thereof does not exceed $25,000 during the Term of this Lease, and (ii) with Landlord's prior written consent (which consent shall not be unreasonably withheldwithheld so long as such work does not impair the structural integrity of the Building) with respect to non-structural alterations in excess of $25,000 during the Term of the Lease (collectively, the "Permitted Non-Structural Alterations"). Normal repair If Landlord denies consent to proposed non-structural alterations under clause (ii) of the immediately preceding sentence, Tenant may nevertheless make such alterations ("Other Non-Structural Alterations") so long as (A) Tenant, at its sole expense, demolishes and maintenance workremoves from the Premises such Other Non-Structural Alterations prior to the termination or expiration of this Lease (or the permanent vacating of the Premises by Tenant) and (B) the Other Non-Structural Alterations do not impair the structural integrity of the Building. Tenant, including painting at its own cost and reexpense, may erect such shelves, bins, machinery and trade fixtures (including, but not limited to, conveyor systems and all electrical systems associated therewith) as it desires without the consent of Landlord. Tenant's erection of such shelves, bins, machinery and trade fixtures and the construction of the Permitted Non-carpetingStructural Alterations and the Other Non-Structural Alterations shall be on the express condition that: (i) such items do not impair the structural integrity of the Premises, shall not the Building or such improvements; (ii) such items may be deemed to be an alteration, addition or improvement removed without material injury to the Premises; and (iii) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with the "Alliance Development Guidelines". Any All alterations, additions, improvements and partitions erected by Tenant as well as the Non-Structural Alterations and the Other Non-Structural Alterations shall be and remain the property of Tenant during the Term of this Lease. On or before the earlier to occur of the date of termination of this Lease or permanent vacating of the Premises by Tenant, Tenant shall, at its sole expense, demolish and remove from the Premises all Other Non-Structural Alterations and shall deliver up to Landlord the Premises in its condition following the completion of the Leasehold Improvements constructed in accordance with the Working Drawings pursuant to Exhibit "C" attached hereto and made a part hereof as subsequently modified by the Permitted Non-Structural Alterations (reasonable wear and tear excepted). All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or impair the structural integrity of the Building and other improvements situated on the Premises. Following the completion of all alterations, additions or improvements to (including Non-Structural Alterations and the Premises Other Non-Structural Alterations), Tenant shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing deliver to Landlord and approved in writing. Tenant agrees not to proceed to make any alterationsaccurate, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt reproducible "as built" plans of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemconstructed.

Appears in 1 contract

Samples: Lease Agreement (Advancepcs)

Alterations. (a) Tenant shall not make, make or permit suffer to be made, made any alterations, additions additions, or improvements in, on, or to the Premises, Premises or any part thereof, thereof without the prior written consent of Landlord; provided, which however, that Tenant shall be permitted to make interior, non-structural alterations o the Premises without Landlord’s consent shall provided such alterations do not be unreasonably withheld. Normal repair affect the Building’s MEP systems, life safety systems, HVAC system or structural integrity and maintenance workdo not cost more than $20,000 in any twelve (12) month period.. Any such alterations, including painting additions, or improvements in, on, or to said Premises, except for Tenant’s movable furniture and re-carpetingequipment, shall not be deemed immediately become Landlord’s property and, at the end of the term hereof, shall remain on the Premises without compensation to be an Tenant. In the event Landlord consents to the making of any such alteration, addition addition, or improvement to by Tenant, the Premises. Any alterations, additions or improvements to the Premises same shall be made by Tenant, at Tenant’s sole cost and expense, in compliance accordance with all Applicable Lawsapplicable laws, ordinances, and regulations and all requirements of Landlord’s and Tenant’s insurance policies, and in accordance with plans and specifications submitted approved by Landlord and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing to Landlord at the time of installation by Landlord. Upon the expiration or sooner termination of the term herein provided, Tenant shall, at Tenant’s sole cost and approved in writing. Tenant agrees not to proceed to make expense, forthwith and with all due diligence, remove any or all alterations, additions or improvementsadditions, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially made by or adversely affect for the Building Systems, (ii) account of Tenant which were designated by Landlord at the total cost time of any such installation in writing as alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) that must be removed by Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description as of the alterationsexpiration or earlier termination of the Lease. Otherwise, additions or improvements. Landlord Tenant shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required have no obligation to remove any such alterations, additions or improvements from improvements. In addition, notwithstanding anything herein to the contrary, in the event the Tenant is permitted to remove an improvement within the Premises, or in the event the permitted alteration to the Premises at includes demolition, the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, not be required to remove replace any such improvement or to construct any improvements upon the termination of the Tenant Improvements from Lease unless the Premises. Notwithstanding anything Landlord required the same at the time the Landlord granted its consent to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemsuch alterations.

Appears in 1 contract

Samples: Office Lease Agreement (Neenah Paper Inc)

Alterations. (a) Tenant All alterations, additions, improvements, and partitions erected by Lessee shall not makebe 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 permit upon earlier vacating of the Premises, and title shall pass to Lessor under this Lease as by a bill of sale. Provided Lessee is not in default or otherwise ixxxxted to Lessor, all shelves, bins, equipment and trade fixtures installed by Lessee may be maderemoved by the Lessee prior to the termination of this Lease, if the Lessee so elects, and shall be removed by the date of termination of the Lease or upon earlier vacating of the Premises if required by Lessor. Upon any such removal Lessee shall restore the Premises to its original condition, ordinary wear and tear excepted. All such removals and restorations shall be accomplished in a good workman like manner so as not to damage the primary structure, xxxx xx structural qualities of the building and other improvements within which the Premises are situated. In no event shall Lessor be required to (i) compensate Lessee for alterations, additions additions, improvements or improvements to partitions erected by Lessee on or within the Premises, or (ii) compensate Lessee for shelves, bins, equipment and trade fixtures installed by Lessee on or within the Premises and which are not removed by Lessee at Lease termination or early vacation or the Premises by Lessee. THIRTY-EIGHTH: Expansion Option. Providing Lessee has been a Lessee in good standing under this lease for a minimum of three (3) lease years, if Lessee needs to expand its lease space to 18,850 square feet or more, Lessor shall make its best reasonable effort to accommodate this expansion either in the Building in which the premises are located or another building owned by Lessor at the Miramar Park of Commerce at a mutually acceptable rental rate. Provided there are no defaults under this lease or the Lease with Lessor for the expansion space, Lessor and Lessee agree this Lease shall terminate on such date as Lessee takes possession of the expansion space. Lessee shall incur no penalty for said cancellation. It is mutually understood by Lessee and Lessor that Lessee's financial condition may affect Lessor's ability to accommodate Lessee's expansion and Lessee's subleasing space, assuming the lease obligations from another lessee, and/or leasing space from any part thereof, without the prior written consent of Landlord, which consent entity other than Lessor shall not be unreasonably withheldqualify as an expansion for the purposes of this Paragraph. Normal repair and maintenance workTHIRTY-NINTH: Emergency Generator. Lessee may install, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s its sole cost and expense, up to a 250 kw, generator with a skid-mounted (or sub-mounted) fuel tank in compliance the truckyard of the Premises. In the event it is required by code, Lessee also may install, at its sole cost and expense, a generator pad to support the generator. All costs associated with the operation, installation (including but not limited to the cost of installing automatic transfer switch, fencing and bollards) and maintenance of the generator and generator pad shall be paid for solely by Lessee, including but not limited to any modifications or additions to the landscaping, irrigation and/or paving. The generator, installation method and location and all Applicable Lawsaccommodations and other work related thereto shall be subject to Lessor's prior written approval, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees said approval not to proceed be unreasonably withheld or delayed and said approval to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt take into account the aesthetics of such written consentequipment. Notwithstanding anything During the term of this Lease, Lessee agrees to take all reasonable actions to minimize the contrary hereinvisibility, Tenant may construct non-structural alterations, additions aesthetic impact and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description disturbance to other users of the alterationsMiramar Park of Commerce caused by the generator. Reasonable actions shall include, additions or improvementsbut not be limited to maintaining good condition of the generator. Landlord Lessee shall notify Tenantbe solely responsible, at Lessor's request, for removing the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises generator at the expiration or sooner termination of this Lease. In Lease and making any event, Landlord shall have right necessary and reasonable repairs and restorations so as to require Tenant to remove any alterations, additions or improvements from leave the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemproperty in good condition.

Appears in 1 contract

Samples: National Medical Health Card Systems Inc

Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the Premises, or any part thereof, Premises which affect the Building's Structure (defined below) without the prior written consent of Landlord, which consent . Landlord shall not be unreasonably withheld. Normal repair required to notify Tenant of whether it consents to any such alteration, addition or improvements until it (1) has received plans and maintenance work, including painting and re-carpeting, shall not be deemed specifications thereof which are sufficiently detailed to allow construction of the work depicted thereon to be an performed in a good and workmanlike manner and (2) has had a reasonable opportunity, not to exceed 10 business days, to review them. If the alteration, addition or improvement will affect the Building's roof, foundation and structural elements (the roof, foundation, and structural elements herein collectively called the "BUILDING STRUCTURE"), HVAC System, or mechanical, electrical, or plumbing systems, then the plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord. Landlord's approval of any plans and specifications shall not be a representation that the plans or the work depicted thereon will comply with Law or be adequate for any purpose, but shall merely be Landlord's consent to performance of the work. Upon completion of any alteration, addition, or improvement, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor. Unless Landlord specifies in writing otherwise, all alterations, additions, improvements, and fixtures shall be Landlord's property when installed in the Premises. Any alterations, additions or improvements except for furniture and equipment of Tenant which is not affixed to the Premises shall be at Tenant’s sole cost so as to become a fixture (i.e., unattached items and expenseitems which are temporarily attached by bolts and screws, but not items which are built-in compliance with all Applicable Lawsor incorporated into the Building or the electrical, and in accordance with plans and specifications submitted in writing to Landlord and approved in writingplumbing, or mechanical systems therein). Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary hereinIn addition, Tenant may construct non-structural alterationserect shelves, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basisbins, and trade fixtures provided that such items (iiiA) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is do not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system.alter

Appears in 1 contract

Samples: Lease Agreement (Advance Paradigm Inc)

Alterations. (a) Tenant shall not make, or permit be permitted to be made, any alterations, additions or improvements make such alterations and modifications to the PremisesPlant on the Leased Premises as it desires, or any part thereofincluding by way of example and not limitation, a hydrotreater, a hydrocracker, a propane de-asphalting unit, and miscellaneous grease and lubricant manufacturing equipment ("Proposed Alterations"), , without the consent of Landlord, provided that Tenant gives Landlord reasonable notice and that all such alterations or modifications are performed and completed in a safe and prudent manner, in accordance with all Laws, and in such a manner not to adversely affect or impair Landlord’s operations at the Storage Facility or its ability to perform its obligations under the Related Agreements. Tenant shall be permitted to make alterations and modifications to the Office/Warehouse, the Parking Lot and other improvements on the Leased Premises owned by Landlord, with the prior written consent of Landlord, which consent shall not to be unreasonably withheld. Normal repair , and maintenance work, including painting provided further that Tenant gives Landlord reasonable notice and re-carpeting, shall not be deemed to be an alteration, addition that all such alterations or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost modifications are performed and expensecompleted in a safe and prudent manner, in compliance accordance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees such a manner not to proceed to make any alterations, additions adversely affect or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without impair Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, operations at the time of Landlord’s consent Storage Facility or its ability to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether perform its obligations under the Related Agreements. Tenant will be solely responsible, for any liabilities or obligations arising out of the construction or operation of such alterations or modifications. Landlord will cooperate with Tenant to the extent required to remove by regulatory or other governmental authorities with jurisdiction over any such alterationsalterations or modifications at no cost to Landlord apart from administrative assistance, additions or improvements from and with respect to any air quality permitting requirements associated with the Premises at the expiration or sooner termination of this Lease. In any eventProposed Alterations, Landlord shall have right to require Tenant to remove agrees that any alterationsnew construction, additions alterations or improvements from the Premises that were modifications being made or proposed by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything Landlord to the contrary hereinStorage Facility will not adversely affect Tenant's ability to obtain such air quality permits, Tenant shall it being agreed that the Proposed Alterations will have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights priority over any alterations to the Premises which may be required Storage Facility planned or constructed by Landlord with respect to install Tenant’s security systemair quality permits; provided that the Proposed Alterations are completed during the initial Term of this Lease.

Appears in 1 contract

Samples: Land Lease (Vertex Energy Inc.)

Alterations. (a) Section 10.1 Tenant shall not makeat any time during the Term make any alterations (including “Specialty Alterations” defined below) to the Premises without first obtaining Landlord’s written consent thereto, which consent Landlord shall not unreasonably withhold or permit delay; provided, however, that Landlord shall not be deemed unreasonable by refusing to be madeconsent to any alterations which are visible from the exterior of the Building or the Project including but not limited to signage, which will or are likely to cause any weakening of any part of the structure of the Premises, the Building or the Project or which will or are likely to cause damage or disruption to the Central Building systems or which are prohibited by any underlying ground lease or mortgage. “Specialty Alterations” are defined as alterations consisting of kitchens, executive bathrooms, raised computer floors, computer, telephone and telecommunications wiring and cabling in the Premises and Building, computer installations, supplemental air conditioning systems, safe deposit boxes, vaults, libraries or file rooms requiring reinforcement of floors, internal staircases, conveyors, dumbwaiters, and other alterations of a similar character which Landlord designates as Specialty Alterations by written notice delivered to Tenant when Landlord approves Tenant’s plans containing such alterations, additions or improvements . Should Tenant desire to make any alterations to the Premises, Tenant shall submit all plans and specifications for such proposed alterations to Landlord for Landlord’s review before Tenant allows any such work to commence, and Landlord shall promptly approve or disapprove such plans and specifications for any part thereofof the reasons set forth in this Section 10.1 or for any other reason reasonably deemed sufficient by Landlord. Tenant shall select and use only contractors, without subcontractors or other repair personnel from those listed on Landlord’s approved list maintained by Landlord in the prior Project management office. Upon Tenant’s receipt of written consent approval from Landlord and any required approval of any mortgagee or lessor of Landlord, which consent and upon Tenant’s payment to Landlord of the reasonable costs incurred by Landlord for such review and approval (including a reasonable fee for the actual time spent by employees of Landlord), Tenant shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed have the right to be an alteration, addition or improvement to proceed with the Premises. Any construction of all approved alterations, additions or improvements to but only so long as such alterations are in strict compliance with the Premises plans and specifications so approved by Landlord and with the provisions of this Article 10. All alterations shall be made at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system.

Appears in 1 contract

Samples: Lease Agreement (Advanced Life Sciences Holdings, Inc.)

Alterations. (aA) Tenant agrees that neither Tenant nor anyone claiming under Tenant shall not makemake any installations, or permit to be made, any alterations, additions or improvements (the “Improvements”) to or upon the Demised Premises, or any part thereof, without the prior written consent of Landlord, which except for non-structural alterations to the interior of the Building costing, in the aggregate, One Thousand Dollars ($1,000.00) or less. Landlord’s prior written consent shall not be unreasonably withhelddelayed, conditioned, or withheld and Landlord shall act reasonably in approving all plans and specification of Tenant’s Improvements. Normal repair and maintenance workNotwithstanding any alteration to which Landlord may hereafter, including painting and re-carpetingin its reasonable discretion, consent to, Tenant shall restore the Demised Premises to the same condition as the Demised Premises were in upon commencement of the term unless otherwise requested in writing by Landlord. Tenant shall not be deemed to be an alteration, addition or improvement bring any additional electrical service into the Demised Premises unless it is brought in underground over a route first approved by Landlord and unless Tenant restores the surface of the ground and other disturbed areas to the Premises. Any alterations, additions or improvements same condition that existed prior to the Premises shall be at Tenant’s sole cost and expenseinstallation thereof. All installations, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements made to or upon the Demised Premises, whether made by Landlord or Tenant or any other person (except only signs, Tenant’s or movable trade fixtures installed in the Demised Premises without Landlord’s prior approval so long as (i) such alterations, addition to Initials: JPF. SPM. 8 or improvements will not materially or adversely affect during the Building Systems, (ii) term of this Lease at the total sole cost of Tenant or any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000person claiming under Tenant) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description shall be deemed part of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Demised Premises at and upon the expiration or sooner other termination of the term of this Lease. In any event, Landlord Lease shall have right to require Tenant to remove any alterations, additions or improvements from be at the Premises that were made by Tenant without Landlord’s consent if such consent is required by sole discretion either fully restored in accordance with the terms above provisions of this paragraph ll(a)or surrendered with the Demised Premises as a part thereof, in good condition and repair, without disturbance, molestation or injury. Tenant Movable trade fixtures shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything include trade fixtures and other installations not affixed to the contrary hereinrealty and trade fixtures and other installations affixed only by nails, Tenant shall have the right to install its own security system without bolts, or screws with prior permission of Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system.

Appears in 1 contract

Samples: Lease Agreement (Spring Bank Pharmaceuticals, Inc.)

Alterations. Tenant shall not make alterations and additions to Tenant’s space except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld or delayed. However, Landlord’s determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises shall be in Landlord’s sole discretion. Without limiting such standard, Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord’s reasonable 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 construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent, in Landlord’s reasonable judgment, with alterations satisfying Landlord’s standards for new alterations in the Building. Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the Building and the other requirements of this Lease with respect to Tenant’s insurance obligations (herein called “Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall not makepay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of: (i) $100.00 per hour for the time spent by the construction and property management personnel of Landlord (or permit an affiliate of Landlord) in reviewing Tenant’s plans under this Section 5.14, plus (ii) third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. All alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2; provided, however that at the time of Landlord’s response to Tenant’s request for approval of alterations, additions and/or improvements, Landlord shall upon its review advise Tenant whether and the extent to which any such proposed alterations and improvements are required to be maderemoved. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord’s general contractor or by contractors or workers first approved by Landlord. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry 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 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 and naming and insuring Landlord and Landlord’s managing agent as additional insureds and insuring Tenant as well as the 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 promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the PremisesBuilding 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 independent contractors, and not to cause or permit any part thereofliens 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. Tenant shall pay, without as Additional Rent, 100% of any real estate taxes on the prior written consent Complex which shall, at any time after commencement of Landlordthe Term, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an result from any alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed made by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system.

Appears in 1 contract

Samples: Commencement Date Agreement (Indevus Pharmaceuticals Inc)

Alterations. Without Sublessor’s prior written consent, which consent will not be unreasonably withheld, conditioned or delayed, Subtenant shall not make (a) Tenant shall not makeany repairs, or permit to be made, any alterations, additions replacements, other improvements or installations to the exterior of the Demised Premises or Building A or the foundation, roof, exterior walls, gutters, downspouts, canopy, storefront or any structural parts of the Demised Premises, (b) any interior, non-structural repairs, alterations, installations or improvements to the PremisesDemised Premises the estimated cost of which exceeds Fifty Thousand Dollars ($50,000.00), or (c) any part thereofrepairs, alterations, installations or improvements that would affect any centralized or common utilities or any other tenant’s or occupant’s HVAC system or systems or any Building system serving another tenant. If Sublessor’s approval is required for any alterations or improvements, Subtenant shall submit to Sublessor all plans and specifications for any such repairs, alterations, installations or improvements unless such alterations or improvements do not require a building permit, in which case Subtenant shall provide a reasonable description of its intended alterations and improvements. Any repairs, alterations, installations or improvements by Subtenant permitted hereunder shall conform to the requirements of, and be subject to the Parent Lease, including, without limitation, obtaining any consents required thereunder. If Sublessor does not approve a proposed alteration, Sublessor shall provide its reasons for disapproval. Subtenant agrees that any repairs, alterations, replacements, other improvements or installations made by Subtenant to or upon the prior written consent Demised Premises shall be done in a good and workmanlike manner and in conformity with all laws, ordinances and regulations of Landlordall public authorities having jurisdiction, which consent that materials of good quality shall be employed therein, that the structure of the Demised Premises shall not be unreasonably withheldendangered or impaired thereby. Normal repair Subtenant shall procure at its sole expense all necessary permits before making any repairs, alterations, improvements or installations. Upon request of Subtenant, Sublessor shall request the cooperation therewith of Parent Landlord. Subtenant shall save Sublessor and maintenance Parent Landlord harmless from, and defend and indemnify Sublessor and Parent Landlord against, any and all injury, loss claim or damage to any person or property occasioned by or arising out of the doing of any such work, including painting except to the extent such injury, loss, claim or damage is caused by the negligence or willful misconduct of Sublessor. Subtenant shall permit no mechanic’s, materialmen’s or other lien against the Demised Premises in connection with any materials, labor or equipment furnished, or claimed to have been furnished, to or for Subtenant, or anyone claiming under Subtenant, and re-carpeting, if any such lien shall not be deemed filed against the Demised Premises Subtenant shall cause the same to be an alterationdischarged, addition or improvement provided, however, that Subtenant may contest such lien as long as the enforcement thereof is stayed, but in any event, Subtenant shall either cause any such lien to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until discharged of record within ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything any request of any mortgagee, or of Parent Landlord or Sublessor or in lieu thereof, if permitted pursuant to the contrary hereinParent Lease, Tenant may construct non-structural alterationswhile contesting the same as aforesaid, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition deposit with any mortgagee or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description prospective mortgagee of the alterationsDemised Premises, additions or improvements. Landlord shall notify Tenantpending such contest, at a sum sufficient to cover the time amount of Landlord’s consent said lien and all interest, penalties and costs that would be payable to any alterations, additions or improvements, or if Landlord’s consent is not required for any discharge such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent lien if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemlien were valid.

Appears in 1 contract

Samples: Sublease (HeartWare International, Inc.)

Alterations. (a) Tenant shall not make, Not make major or permit to be made, any alterations, structural additions or improvements alterations to the Premises, interior or any part thereof, additions or alterations to the exterior of the leased premises without the LESSOR'S prior written consent of Landlord, (which consent shall not be unreasonably delayed or withheld), and when such consent be given, cause all such permitted additions and alterations to be done in a good workmanlike manner. Normal repair LESSOR'S written approval of LESSEE'S construction and/or remodeling Plans and maintenance workSpecifications furnished to LESSOR prior to the commencement of such work shall constitute LESSOR'S consent. LESSEE further agrees that, in undertaking any such additions or alterations, it shall obtain and pay for all permits from all public authorities, as may be required, pay all cost and expense arising from such undertaking, as well as for all damage occasioned in connection therewith; and LESSEE shall obtain and furnish satisfactory evidence of such additional insurance protecting LESSOR as LESSOR may reasonably request. LESSEE shall cause all permitted work to be done in accordance with the Plans and Specifications approved by LESSOR, and shall be solely responsible to see that such Plans and Specifications comply with all building, fire and sanitary codes and regulations of governmental authorities having jurisdiction, and any other such laws, codes and regulations, including painting the requirements and re-carpetingrecommendations of LESSOR'S insurance underwriters, relative to such work. LESSEE understands that LESSOR'S approval of said Plans and Specifications as above provided for shall not in any manner be deemed or construed to be an alterationindication or acknowledgment that same are in conformity with such codes, addition regulations, laws, recommendations or improvement other requirements relating thereto. If LESSEE shall install business fixtures and equipment, or construct partitions, soffits, lofts, shelves, or other improvements (including the installation or relocation of light fixtures) which overload utility lines or result in excessive spacing of sprinkler heads, or which obstruct or impede the sprinklers and/or operation thereof in any way, LESSEE shall, on demand and at its sole expense, make whatever changes are necessary including, but without limit to, the extending, addition, or lowering of sprinkler lines and heads to comply with the Premisesrequirements or recommendations of LESSOR'S insurance underwriters and/or governmental authorities having jurisdiction thereof. Any All such additions and alterations (including wall to wall carpeting) shall be and become a part of the realty which shall at LESSOR'S option, upon the termination or expiration of the lease term, remain with and be a part of the premises for the benefit of LESSOR, and LESSOR shall be under no obligation to compensate LESSEE therefor. However, if directed by LESSOR, LESSEE at its sole expense shall remove all such additions and alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with repair all Applicable Lawsdamage occasioned by such removal, and in accordance with plans restore the premises to as good a condition as when received, reasonable wear and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterationstear, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemexcepted.

Appears in 1 contract

Samples: Lease (Family Christian Stores Inc)

Alterations. Tenant shall have the right to make such alterations to ----------- the Premises as may be necessary for the conduct of Tenant's business after completion of the Tenant Improvements and reasonably approved by Landlord; provided, however, that Tenant shall not make (a) Tenant shall not make, or permit to be madeany structural alterations, any alterations, additions or improvements to nonstructural alterations that affect the Premisesintegrity of the Building systems, or any part thereof, nonstructural alterations a single component of which costs in excess of $100,000 (and for which Tenant has not agreed in writing to restore the Premises to the condition immediately prior to such alteration at the expiration or earlier termination of this Lease) without the written consent of Landlord, which consent Landlord may withhold in its sole discretion; of (b) any nonstructural alterations a single component of which costs in excess of $100,000 (and for which Tenant has agreed in writing to restore the Premises to the condition immediately prior to such alteration at the expiration or earlier termination of this lease) without the written consent of Landlord, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition withheld or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writingdelayed. Tenant agrees not shall obtain all necessary building permits as are required for such alterations. Except as provided herein (;particularly with respect to proceed to make any alterationsTenant's machinery, additions or improvementstrade fixtures, notwithstanding consent from Landlord to do sofurnishings, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions equipment and improvements in the Premises without Landlord’s prior approval so long as (isigns) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were alterations made by Tenant without Landlord’s consent if such consent is required by shall become part of the terms Premises and shall be returned to Landlord as part of this paragraph ll(a)the Premises upon termination. Tenant shall notalso have the right to install, howeverattach, be required to remove affix or otherwise place in or upon the Premises, any and all machinery, equipment for teleservicing, office or software development, trade fixtures, furnishings and exterior signs necessary or desirable for Tenant's proper use of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary hereincontrary, Tenant will retain ownership and shall remove any and all of Tenant's machinery, equipment for teleservicing, office or software development, trade fixtures, furnishings and exterior signs (including without limitation telecommunications equipment, computers, office furniture, office equipment, disaster recovery backup equipment, cabling, wiring, signs, etc.) at any time including at the termination or expiration of this Lease, whether or not the same shall be deemed to be affixed to the Premises or the Building. After removal, Tenant shall, at its expense, restore the Premises to the same condition in which they were prior to the installation, attachment or placement of such machinery, trade fixtures, furnishings, equipment and exterior signs. Notwithstanding the foregoing, Tenant shall have no obligation to remove the right Tenant Improvements or to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for restore the installation of Tenant’s security system Premises to the condition existing prior to the installation thereof completion of the Tenant Improvements. All work performed and provided further that Landlord all repairs made hereunder by Tenant shall have reasonable approval rights over any alterations to be done in a good and workmanlike manner which shall be consistent with industry standards, using only first quality materials and labor and in compliance with all applicable buildings and zoning laws and with all other laws, ordinances, orders, rules, regulations, and requirements of all federal, state, and municipal governments and the Premises which may be required to install Tenant’s security systemappropriate departments, commissions, boards and officers thereof.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Alterations. (a) Provided that Tenant shall not make, or permit to be made, any alterations, additions or improvements to the Premises, or any part thereof, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted has notified Landlord in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until at least ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything prior to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost commencement of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of work within the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Leased Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without make non-structural alterations or physical additions (including fixtures) to the Leased Premises subject to the following limitations: (i) such alterations and additions will not impair the structural integrity of the Building, (ii) such alterations and additions will not affect the mechanical, electrical, plumbing, heating, air-conditioning, or ventilation systems of the Leased Premises, (iii) such alterations and additions will not in the aggregate cost more than $50,000 (excluding carpet and paint), (iv) such alterations and additions are accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements (including Houston Building Code requirements), (v) such alterations are not visible from outside the Leased Premises, and (vi) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions. Subject to (i) through (vi) immediately above, and further subject to Landlord’s consent so long as Tenant provides Landlord with 's prior reasonable approval of all plans and specifications for therefor, Tenant, at Tenant's sole expense, shall be permitted to install internal stairwells between any two floors which Tenant occupies exclusively pursuant to this Lease provided that upon expiration or earlier termination of this Lease, Tenant shall, at Landlord's sole discretion and Tenant's sole expense, remove such stairwells and restore the installation of Tenant’s security system prior Leased Premises to its original condition. Except as expressly provided above, Tenant shall not make or allow to be made any alterations or physical additions (including fixtures) in or to the installation thereof and provided further that Landlord shall have reasonable approval rights over any Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment within the Leased Premises without first obtaining the written consent of Landlord, not to be unreasonably withheld or delayed. Any alterations or physical additions in or to the Leased Premises which shall be subject to any reasonable terms or conditions Landlord may be required require to install Tenant’s security systemensure that the alterations or additions are in conformity with the standards of the Building and will not impair the structural, mechanical, electrical, plumbing, heating, air-conditioning, or ventilation integrity of the Building.

Appears in 1 contract

Samples: Lease Agreement (Bank United Corp)

Alterations. (a) Tenant shall not make, make or permit to be made, allow any alterations, additions additions, or improvements to the Premises, Premises or any part thereofof the Premises (collectively, "Alterations"), without the Landlord's prior written consent of Landlordconsent, which consent shall not be unreasonably withheld. Normal repair Consent, however, may be conditioned upon the receipt by, and maintenance workapproval of, including painting Landlord of a set of plans and re-carpeting, shall not be deemed to be an alteration, addition or improvement specifications for the alterations no later than thirty (30) days prior to the Premisesscheduled construction of the alterations as well as the use by Tenant of a contractor or contractors acceptable to Landlord. Any alterationsThe installation of furnishings, additions fixtures, equipment, or improvements to decorative improvements, none of which shall affect operating systems or the structure of the Premises shall be 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. Tenant agrees upon notice xxxx Landlord to remove, at Tenant’s 's sole cost and expense, in compliance with any and all Applicable LawsAlterations, furnishings, fixtures, equipment, or decorative improvements (other than floors, walls, suspended ceilings and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. structural walls) installed by or on behalf of Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything prior to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition termination or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the earlier expiration or sooner termination of this Lease. In any event, the event that Landlord shall have right to require requires Tenant to remove any alterationssuch Alterations, additions furnishings, fixtures, equipment, or decorative improvements from and Tenant fails to cause such removal on or prior to the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms termination or other earlier expiration of this paragraph ll(a). Tenant Lease, such failure shall notbe deemed a holdover under Section 13(b) of this Lease, however, be required and in addition to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary hereinother damages owing Landlord under this Section, Tenant shall have owe Holdover Rent (as hereinafter defined) for each and every day of such failure. All improvements, additions, alterations, and repairs and the right 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 xxxxxd Landlord for all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and repairs and the removal and restoration thereof, if required under this Lease. Landlord agrees, when reqxxxxxx xy Tenant, to install its own security system without Landlord’s consent so long as execute and dexxxxx any applications, consents, or other instruments reasonably required to permit Tenant provides Landlord with plans and specifications to do this work or to obtain permits for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemwork.

Appears in 1 contract

Samples: Office Lease (Regan Holding Corp)

Alterations. (a) Tenant shall not makemake no alterations, or permit to be made, any alterationsdecorations, additions or improvements in or to the Premises, Premises costing in excess of $25,000 or any part thereof, which directly affects the Building Exterior without the Landlord’s prior written consent of Landlordconsent, which consent shall not be unreasonably, and then only by contractors or mechanics approved by Landlord which approval shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, Tenant agrees that there shall be no construction of partitions or other obstructions which might interfere with Landlord’s free access to mechanical installations or service facilities without Landlord consent which shall not be deemed unreasonably withheld of the Building or interfere with the moving of Landlord’s equipment to be an alteration, addition or improvement to from the Premisesenclosures containing said installations or facilities. Any alterations, additions or improvements to the Premises All such work shall be at Tenant’s sole cost done as such reasonable times and expense, in such manner as Landlord may from time to time shall reasonably designate. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all Applicable Lawslaws, rules, orders, ordinances, directions, regulations and in accordance with plans requirements of all governmental agencies, offices, departments, bureaus and specifications submitted in writing to Landlord and approved in writingboards having jurisdiction. Tenant agrees not to proceed to make Before commencing any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary hereinwork, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides shall give Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within least fifteen (15) days after Tenant’s request for a determination by written notice of the proposed commencement of such work, satisfactory to Landlord, whether Tenant will be required to remove any such for said work. All alterations, decorations, additions or improvements from upon the Premises Premises, made by either party, including (without limiting the generality of the foregoing) all wallcovering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise, becomes the INITIAL HERE INITIAL HERE /s/ Illegible /s/ Illegible property of Landlord, and shall remain upon, and be surrendered with the Premises, as a part thereof, at the expiration or sooner termination end of this Lease. In any eventthe Term, except that Landlord shall have right may, by written notice to Tenant, given at least thirty (30) days prior to the end of the Term, require Tenant to remove all partitions excluding floor to ceiling counters railings and the like installed by Tenant, and Tenant shall repair any alterations, additions or improvements from damage to the Premises that were made by Tenant without Landlord’s consent if arising from such consent is required by removal. Notwithstanding the terms of this paragraph ll(a). above, Tenant shall not, however, not be required to remove any of repaint or replace the Tenant Improvements from the Premisesfloor or wall coverings. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system.See Addendum sect. 63 & 64

Appears in 1 contract

Samples: Office Lease (Placer Sierra Bancshares)

Alterations. (a) Tenant Any alterations, additions or improvements permitted herein except as otherwise provided in Section1 and the Workletter shall not make, or permit to be made, any made at the expense of the Lessee. The Lessee agrees that it will make no alterations, additions or improvements to the Premises, or any part thereof, Leased Premises without the prior written consent of Landlordthe Lessor. All alterations, additions, improvements, cabinetry or other fixtures made or attached to the Building or the Leased Premises by and for the Lessee, including but not limited to, any and all subdividing partitions, walls or railings of whatever type, material or height (but excepting movable office furniture and equipment and modular cabinetry paid for by Lessee and not permanently attached to the Building, which consent may be removed by the Lessee at the end of the term of this Lease, if such termination is not the result of Lessee default hereunder) shall not be unreasonably withheldthe property of the Lessor and shall remain upon and be surrendered with the Leased Premises as a part thereof at the expiration or earlier termination of this Lease. Normal repair and maintenance workThe Lessor, including painting and re-carpetinghowever, shall not be deemed reserves the right to be an alterationrequire the Lessee to remove any paneling, addition decorations, partitions, walls or improvement railings, floor coverings, booths, or fixtures installed by or at the request of the Lessee, by giving notice of such election to the Premises. Any alterationsLessee at any time prior to, additions or improvements to not later than ten (10) days after the Premises shall be expiration or earlier termination of the Lease; in which event the Lessee, at Tenantthe Lessee’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions shall remove the property so specified on or improvements, notwithstanding consent from Landlord to do so, until ten before the date of expiration or earlier termination of this Lease or a date five (105) days after Tenant’s receipt the receiving of such written consent. Notwithstanding anything to notice, whichever shall be the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basislater, and (iii) Tenant provides Landlord with prior notice of any such alterationsshall promptly restore the Leased Premises to their original condition, additions or improvements, including a reasonably detailed description of reasonable wear and tear excepted; if Lessee fails to perform the alterations, additions or improvements. Landlord shall notify Tenant, at necessary restorations within ten days after removing the time of Landlord’s consent to any alterations, additions or improvementsproperty, or if Landlord’s consent Lessee is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of in default under this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from Lessor may undertake the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any restoration of the Tenant Improvements from Leased Premises to their original condition after the Premises. Notwithstanding anything to removal of the contrary hereinspecified property, Tenant in which event Lessee shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications promptly reimburse Lessor for the installation cost of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemsuch restoration.

Appears in 1 contract

Samples: BNC Bancorp

Alterations. (a) Tenant The TENANT shall not make, or permit to be made, make any alterations, additions or improvements alterations to the Premises, or any part thereof, Lease Premises without the prior written consent of Landlordthe LANDLORD, which such consent shall not to be unreasonably withheldwithheld or delayed. Normal repair and maintenance work, including painting and re-carpeting, If the TENANT shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed desire to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not it shall furnish plans and specifications of the work to be so performed together with a construction statement containing a complete breakdown of the cost of all labor and material included therein, and together with an escrow of cash with Title Services, Inc. in an amount equal to the estimated cost of all such work, if it should exceed Twenty Thousand Dollars one thousand dollars ($20,0001,000.00). TENANT agrees to obtain a building permit from the city for any alterations exceeding fifty dollars ($50.00) on in cost. TENANT agrees that all such work shall be done in a per project basisgood, workmanlike manner, and (iiiin compliance with applicable building codes and all applicable laws, including, without limitation, the American Disabilities Act, that the structural integrity of the Building shall not be impaired, and that no liens shall attach to the Building or Leased Premises by reason thereof. No such alteration(s) Tenant provides Landlord with prior notice shall change the office/finish area to storage/service area ration without LANDLORD's permission. The TENANT shall, before the expiration of the Lease, restore the Leased Premises to its original condition unless the LANDLORD elects that all of part of the alterations may remain. Any such alterations shall become the property of LANDLORD as soon as they are affixed to the Leased Premises and all right, title and interest therein of the TENANT shall immediately cease unless otherwise stated in writing. The TENANT however, shall remain the owner of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant trade fixtures and shall have the right to install its own security system without Landlord’s consent remove such trade fixtures at the expiration of this Lease Agreement, so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior Lease Premises and/or Building is restored to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemits original conditions.

Appears in 1 contract

Samples: Ringer Corp /Mn/

Alterations. (a) Tenant LESSEE'S ALTERATIONS 11. Lessee hereby agrees that prior to the commencement of alterations to premises by a contractor other than Lessor's, Lessor shall not make, or permit approve in writing said alterations to be mademade and said contractor hired to perform said alterations. Any alterations so made shall be of a quality equal to or exceeding building standard. Lessor hereby reserves the right to require said contractor to provide lien waivers and liability insurance covering said alterations to be performed and such other instruments as may be necessary to protect Lessor in such instances. Upon termination of the Lease, any all erections, additions, alterations, additions fixtures and improvements, whether temporary or improvements permanent in character (excepting Lessee's moveable trade fixtures and office furniture removed in compliance with Paragraph 20 of the Lease) made in or upon the leased premises, either by the Lessee or the Lessor, shall be the Lessor's property and shall remain upon said premises without any compensation to Lessee. PROVIDED BY LESSOR SERVICES OF LESSOR 12. The Lessor hereby covenants that it will, without charge, at the proper season, during reasonable hours (8:00 A.M. to 6:00 P.M., Mondays through Fridays and Saturdays from 8:00 A.M. to 1:00 P.M.) furnish electric current, air conditioning and heat in its judgment sufficient to reasonably cool or heat the premises, cessation caused by strike, accident or reasonable necessity excepted. Lessor will also cause the leased premises (except where the same consist of retail space) to be cleaned and generally cared for by its janitor in accordance with the standards of the building, cessation caused by strike, accident or reasonable necessity excepted. Lessor will also pay the water rate for water reasonably used on the leased premises. It will also furnish electric current to the Premisesleased premises for lighting and business machine purposes only, or any part thereofsuch as electric typewriters, without the prior written consent of Landlord, which consent shall not be unreasonably withheldadding and small calculating machines. Normal repair Electric current and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises installation for electronic data processing type equipment shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvementsLessee. Landlord In no event shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required Lessor be liable for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements damages from the Premises at the expiration stopping of service or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove for any of the Tenant Improvements fixtures or equipment in said building being out of repair, or for injury to persons or property caused by any defects in the heating, electric, air conditioning equipment or water apparatus, or for any damages arising out of the failure to furnish said heating or air conditioning, water, janitor service or electric current. Lessor shall provide a reasonable amount of parking area, without charge, for Lessee's employees and visitors in areas, as are designated by Lessor from time to time, in the Premisesvicinity of the building in which the leased premises are situated. Notwithstanding anything to In the contrary event the Lessee utilizes the services provided by Lessor as specified in this Paragraph in amounts or for periods in excess of that provided herein, Tenant or in the event the Lessee utilizes electric current or other utilities in excess of the amount which would be typically utilized by a normal business office use of the leased premises, then the Lessor shall have the right to install its own security system without Landlord’s consent so long charge Lessee as Tenant provides Landlord with plans and specifications additional rent a reasonable sum as reimbursement for the installation direct cost of Tenant’s security system prior to such additional use or services. In the installation thereof event of a disagreement at the reasonableness of the amount of such additional rent, the opinion of a qualified local independent professional engineer selected by Lessor shall be binding upon Lessor and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemLessee.

Appears in 1 contract

Samples: Lease Agreement (Cross Media Marketing Corp)

Alterations. (a) Tenant shall not make, make or permit any other person to be made, make any alterations, additions or improvements alterations to the Premises, or any part thereof, said demised premises without the prior written consent of Landlord, which Landlord first had and obtained. Should Landlord consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premisesmaking of any alterations to said demised premises by Tenant, the alterations shall be made at the sole cost and expense of Tenant by a contractor or other person selected by Tenant and approved in writing before work commences by Landlord. Any and all alterations, additions additions, or improvements to the Premises shall be made by licensed contractors in a workmanlike manner to all building codes in force and at Tenant’s sole cost and expense, in compliance with all Applicable Laws, . During the Term of this Lease and in accordance with plans and specifications submitted in writing any fixturing period prior to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description commencement of the alterationsLease Term, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required shall also provide security for the completion thereof in the form of a bond or other security satisfactory to remove Landlord. Tenant shall pay and settle all expenses and liabilities arising out of or in any such alterationsway connected with any and all construction, additions repairs, alterations or improvements from maintenance of the Premises at demised premises, and all liens of mechanics and/or material men, and all liens of a similar character, arising out of or growing out of the expiration construction, repair, alterations or sooner maintenance of the demised premises. Prior to the termination of this Lease. In Lease or any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary hereinextension thereof, Tenant shall have be permitted to remove from the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of demised premises all Personalty (Tenant’s security system fixtures, furnishings, inventory and equipment on the demised premises whether nailed, screwed, or otherwise fastened to the demised premises, including without limitation shelving, racks, counters, computer equipment, terminals, satellite dish, building signage, monument and pole sign panels, alarm system, safe, telephone system, and testing equipment, but excluding HVAC equipment and light fixtures (collectively, the “Personalty”)) placed by it or by any subtenant on the demised premises, provided however, Tenant shall repair all damages caused by any such removal (except for small holes caused by nails, fasteners and the like). Any Personalty not so removed by Tenant prior to termination of this Lease or any extension thereof, shall become at once a part of the installation thereof realty and provided further that Landlord shall have reasonable approval rights over any alterations belong to the Premises which may be required Landlord without compensation to install Tenant’s security system.

Appears in 1 contract

Samples: Lease (Bank of Commerce Holdings)

Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the Premisespremises (including, or any part thereofwithout limitation, the roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Normal repair and maintenance workwithheld for interior, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations. Tenant may, additions without the consent of Landlord, but at its own cost and expense and in a 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, additions, improvements and partitions erected by Tenant shall be and remain the Premises without Landlord’s prior approval 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 premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if at such time Landlord so long as (i) elects such alterations, addition additions, improvements and partitions but not Tenant's trade fixtures, shall become the property of Landlord as of the date of termination of this lease or improvements will not materially or adversely affect upon earlier vacating of the Building Systemspremises and title shall pass to Landlord under this lease as by a xxxx of sale. All shelves, (ii) bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the total cost termination of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basisthis lease if Tenant so elects, and (iii) Tenant provides Landlord with prior notice shall be removed by the date of any such alterations, additions termination of this lease or improvements, including a reasonably detailed description upon earlier vacating of the alterations, additions premises if required by Landlord; upon such removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or improvementsstructural qualities of the buildings and other improvements within which the premises are situated. If Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed proposed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have construct the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord same in accordance with plans all governmental laws, ordinances, rules and specifications for the installation of Tenant’s security system regulations and shall, prior to the installation thereof construction, provide such assurances to Landlord, (including, but not limited to, waivers of lien, surety company performance bonds and provided further that personal guaranties of individuals of substance) as Landlord shall have reasonable approval rights over require to protect Landlord against any alterations to the Premises which may be required to install Tenant’s security systemloss from any mechanics', laborers' or materialmen's liens, or other liens.

Appears in 1 contract

Samples: Lease Agreement (Factory Card Outlet Corp)

Alterations. (a) Tenant Sublessee shall not makemake any alterations, installations, and improvements to the Premises without first obtaining the prior consent of both Sublessor and Prime Lessor, and any such approved alterations, installations and improvements shall comply with Section 7.5 of the Prime Lease, and Sublessee shall be obligated to comply with the terms and provisions of Section 7.5 as required by “Tenant” thereunder. Sublessor shall not be responsible for the failure or permit refusal of Prime Lessor to consent to such improvements but will use diligent and reasonable efforts to obtain such consent (which such diligent and reasonable efforts shall be made, any limited to notifying Prime Lessor in writing of such request and cooperating with Sublessee and Prime Lessor in obtaining such consent). Any such approved alterations, additions or improvements to the Premises, or any part thereof, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be done at TenantSublessee’s sole cost expense in a good and expense, workmanlike manner and in compliance with all Applicable Laws, applicable laws and in accordance with plans codes and specifications submitted in writing to Landlord and approved in writingthe applicable requirements of the Prime Lease. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt At the time of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior its approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions Sublessor shall notify Sublessee if Sublessee shall be required to remove the same upon the expiration or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description earlier termination of the alterationsSublease Term; provided; however, additions or improvements. Landlord shall notify Tenant, that if neither Sublessor nor Prime Lessor notifies Sublessee otherwise at the time of Landlord’s consent such approval, such alterations shall become the property of Prime Lessor and remain upon and be surrendered with the Premises. Notwithstanding the exclusion of Section 5.4 of the Prime Lease from this Sublease pursuant to Section 2.2.2(ii) above, Sublessee shall not make any alterationsinstallations or alterations to the roof of the Building without complying with the terms and provisions of Section 5.4 and Section 7.4(b) of the Prime Lease, additions in addition to the terms and provisions of this Section 7.1. Upon the expiration or improvementsearlier termination of the Sublease Term, or if Landlord’s consent is Sublessee shall not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from located in the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any as of the Tenant Improvements from Commencement Date. Sublessor has approved in concept the Premises. Notwithstanding anything planned alterations to be performed by Sublessee (attached hereto as Exhibit E), specifically including the contrary herein, Tenant shall addition of four (4) fume hoods; provided that Sublessor will have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans review and specifications approve the detailed drawings for the installation of Tenant’s security system prior such alterations and such alterations will be subject to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systemof Prime Lessor.

Appears in 1 contract

Samples: Sublease (Genocea Biosciences, Inc.)

Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the Premises, or any part thereof, Premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord, which consent shall not to be unreasonably withheld, conditioned or delayed. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement In the event Landlord consents to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost making of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basisby Tenant, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord same shall notify be made by Tenant, at the time Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all reasonable requirements of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by 's and Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord 's insurance policies and only in accordance with plans and specifications for approved by Landlord, such consent not to be unreasonably withheld, conditioned or delayed. Tenant may, without the installation 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, additions, improvements and 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 Premises to their original condition by the date of termination of this lease or upon earlier vacating of the Premises, reasonable wear and tear excepted; provided, however, that if Landlord so elects in writing prior to termination of this lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions (but not Tenant’s security system 's trade fixtures) shall 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 Landlord with the Premises Notwithstanding the foregoing sentence, all shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the installation thereof termination of this lease if Tenant so elects, and provided further that Landlord shall have reasonable approval rights over any alterations to be removed by the date of termination of this lease or upon earlier vacating of the Premises which may if required by Landlord. Upon any such removal Tenant shall restore the Premises to their original condition, normal wear and tear excepted. All such removals and restoration shall be required accomplished in a good workmanlike manner so as not to install Tenant’s security system.damage the primary structure or structural qualities of the building and other improvements situated on the Premises. (See Additional Provisions, Section 8)

Appears in 1 contract

Samples: Lease Agreement (Homegrocer Com Inc)

Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the Premises, or any part thereof, Premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, which 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, so long as such work is non-structural in nature, does not affect the roof or any area outside of the Premises, does not materially affect the electrical, plumbing, HVAC or mechanical systems in the Building or servicing the Premises, or the sprinkler or other life safety system, does not overload or damage the Building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall not be unreasonably withheld. Normal repair and maintenance workremain the property of Tenant during the Lease Term and Tenant shall, including painting unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and re-carpetingpartitions erected by Tenant and restore the Premises to their original condition by the Expiration Date or upon earlier vacating of the Premises by Tenant at Tenant’s sole cost and expense; provided, however, that if Landlord so elects prior to the Expiration Date or earlier vacating of the Premises, all such alterations, additions, improvements and partitions shall not become the property of Landlord and shall be deemed delivered up to be an alteration, addition or improvement to Landlord with the Premises. Any All non-permanently affixed racks, shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the Expiration Date if Tenant so elects, and shall be removed by the Expiration Date or upon earlier vacating of the Premises if required by Landlord. Upon any such removal, Tenant shall restore the Premises to their original condition, reasonable wear and tear excepted. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the primary structure or structural qualities of the Building and other improvements situated within the Premises. With regard to Tenant’s Work and to any alterations, additions or improvements made by Tenant to the Premises for which Landlord consent is required pursuant to Section 8(a), Tenant shall: (i) establish a construction disbursement account or record a surety bond; (ii) record a notice of posted security; and (iii) timely comply with all other requirements of Nevada Revised Statutes (“NRS”) Chapter 108, including, without limitation, NRS Chapter 108.2403 and NRS 108.2407, and for the providing of security, the noticing of posted security, and all other requirements of NRS Chapter 108 or its successor statutes as such statutes apply to Tenant’s Work or to alterations, additions or improvements for which Landlord consent is required pursuant to Section 8(a). In that regard, prior to the commencement of Tenant’s Work or any alterations, additions or improvements for which Landlord consent is required pursuant to Section 8(a), Tenant shall furnish Landlord with evidence, reasonably acceptable to Landlord, that (x) the accounts or bonding required by NRS Chapter 108 are in place and established, and (y) Landlord shall be notified by the bonding agent/account officer, in writing, thirty (30) days prior to cancellation, material change, or nonrenewal of such account/bonding. Landlord may, from time to time, prepare, record and deliver, as required by NRS 108.234, notices of non-responsibility that Landlord deems necessary or appropriate in connection with Tenant’s Work or any alterations, additions or improvements to the Premises by or on behalf of Tenant; and Tenant shall be at Tenant’s sole cost promptly provide Landlord such documents and expense, instruments requested by Landlord in compliance connection with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writingthe same. Tenant agrees not that this Section 8(b) serves as the notice to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenantunder NRS 108.234(3)(e), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system.

Appears in 1 contract

Samples: Lease Agreement (Leatt Corp)

Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the Premises, or any part thereof, premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be Tenant at Tenant’s sole its own cost and expense, in compliance may erect such shelves, bins, furniture, machinery, liquid nitrogen piping and associated equipment (including a tank and compressor outside the Building), alternate fire suppression system and other trade fixtures as it desires, provided that (i) such items do not alter the basic character of the Premises or the Building, (ii) such items do not overload or damage the Building or any Building systems, (iii) such items may be removed without injury to the Premises, and (iv) the construction, erection or installation thereof complies with all Applicable Lawsapplicable governmental laws, ordinances, regulations and in accordance with plans Landlord's specifications and specifications submitted in writing to Landlord and approved in writingrequirements. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt shall be responsible for the compliance of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural all of its alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises with the Americans With Disabilities Act of 1990 and the Texas Architectural Barriers Act. Except for removable furniture, fixtures and equipment, raised computer floor(s), cubical furniture, liquid nitrogen piping and associated equipment (including outside tank and compressor), alternate fire suppression system and de-mountable interior wall panels, all alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Landlord immediately upon installation. All shelves, bins, furniture, machinery, liquid nitrogen piping and associated equipment (including exterior tank and compressor), raised computer floor(s), cubical furniture, alternate fire suppression system(s) and removable trade fixtures installed by Tenant shall be the Property of Tenant and shall be removed by Tenant on or before the earlier to occur of the day of termination or expiration of this Lease or vacating the Premises, at which may time Tenant shall restore the Premises to the condition which existed as of the completion of the Interior Improvements [specifically excluding liquid nitrogen piping and associated equipment (including exterior tank and compressor) and alternate fire suppression system(s)], reasonable wear and tear excepted. All alterations, installations, removals and restorations shall be required performed in a good and workmanlike manner so as not to install Tenant’s security systemdamage or alter the primary structure or structural qualities of the Building or other improvements situated on the Premises or of which the Premises are a part.

Appears in 1 contract

Samples: Lease Agreement (Silicon Laboratories Inc)

Alterations. A. Tenant, following the delivery of the Expansion Space by Landlord and the full and final execution and delivery of the Amendment to which this Exhibit is attached shall have the right to perform alterations and improvements in the Premises (a) the “Initial Alterations”). Notwithstanding the foregoing, Tenant and its contractors shall not have the right to perform Initial Alterations in any portion of the Premises unless and until Tenant has complied with all of the terms and conditions of Article IX of the Lease (with the exception of the construction management fee paid to Landlord which Landlord agrees to waive unless such service is provided as described below in paragraph B), including, without limitation, approval by Landlord of the final plans for the Initial Alterations and the contractors to be retained by Tenant to perform such Initial Alterations. Tenant shall not makebe responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s plans shall in no event relieve Tenant of the responsibility for such design. If Landlord fails to approve, disapprove or permit request modifications to be made, any alterations, additions or improvements to Tenant’s final plans for the Premises, Initial Alterations or any part thereofmodifications thereto within 5 business days after Landlord’s receipt of all information needed by Landlord to properly review Such plans or modifications, without then such plans or modifications, as applicable, shall be deemed approved by Landlord. Landlord’s approval of the prior written consent of Landlord, which consent contractors to perform the Initial Alterations shall not be unreasonably withheld. Normal repair Landlord hereby approves of the following contractors: Xxxx-Xxxxxxx, Cadence XxXxxx, Constructors and maintenance workXxxxxx Construction. So long as Tenant uses one of the aforementioned contractors, including painting Landlord will not require that Tenant or the selected contractor obtain a payment and re-carpeting, performance bond for the Initial Alterations. The parties agree that Landlord’s approval of a contractor not mentioned above to perform the Initial Alterations shall not be deemed considered to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make unreasonably withheld if any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as general contractor (i) such alterations, addition or improvements will does not materially or adversely affect the Building Systemshave trade references reasonably acceptable to Landlord, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent maintain insurance as required pursuant to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a)Lease, (iii) does not have the ability to be bonded for the work in an amount of no less than 150% of the total estimated cost of the Initial Alterations, (iv) does not provide current financial statements reasonably acceptable to Landlord, or (v) is not licensed as a contractor in the state/municipality in which the Premises is located. Tenant shall not, however, acknowledges the foregoing is not intended to be required to remove any an exclusive list of the Tenant Improvements from the Premises. Notwithstanding anything reasons why Landlord may reasonably withhold its consent to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security systema general contractor.

Appears in 1 contract

Samples: Fourth Amendment (Behringer Harvard Opportunity REIT I, Inc.)

Alterations. (a) Tenant shall not make, or permit to be made, make any alterations, additions or improvements to the Premises, or any part thereof, Premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord, which such consent shall not be unreasonably withheld. Normal repair Tenant may, without the consent of Landlord, but at its own cost and maintenance workexpense and in a good workmanlike manner erect such shelves, including painting bins, machinery and re-carpetingtrade 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 additional improvements and partitions erected by Tenant shall not be deemed and remain the property of Tenant during the term of this Lease and Tenant shall remove all alterations, additional, improvements and partitions erected by Tenant and restore the Premises to their original condition, reasonable wear and tear excepted, by the date of termination of this Lease or upon earlier vacating of the Premises; provided, all improvements and partitions erected at Landlord's expense shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be an alteration, addition or improvement delivered upon to the Landlord with the Premises. Any alterationsAll shelves, additions or improvements bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises; upon any event, Landlord such removal Tenant shall have right to require Tenant to remove any alterations, additions or improvements from restore the Premises that were made by Tenant without Landlord’s consent if to their original condition, reasonable wear and tear excepted. All such consent is required by removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any primary structure or structural qualities of the Tenant Improvements from buildings and other improvements situated on the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system.

Appears in 1 contract

Samples: Lease Agreement (Bway Corp)

Alterations. (aA) Tenant shall not makemake alterations and additions to Tenant’s Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld. However, Landlord’s determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises shall be in Landlord’s sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord’s opinion might adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or permit any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent, in Landlord’s judgment, with alterations satisfying Landlord’s standards for new alterations in the Building. Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the Building and the other requirements of this Lease with respect to Tenant’s insurance obligations (herein called “Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be acting as Landlord’s agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with any work. 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 initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but not including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour beyond the first four (4) hours for which there shall be no charge), plus (ii) third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. All alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord’s general contractor or by contractors or workers first approved by Landlord. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be madefurnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the PremisesBuilding 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 independent contractors, and not to cause or permit any part thereofliens 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. Tenant shall pay, without as Additional Rent, 100% of any real estate taxes on the prior written consent Complex which shall, at any time after commencement of Landlordthe Term, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an result from any alteration, addition or improvement to the PremisesPremises made by Tenant. Any alterations, additions or improvements to the Premises Tenant acknowledges and agrees that Landlord shall be at Tenant’s sole cost and expensethe owner of any additions, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions alterations and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) to the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required extent paid for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system.

Appears in 1 contract

Samples: Hayden Avenue (Dicerna Pharmaceuticals Inc)

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