Common use of By Tenant Clause in Contracts

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Lsi Logic Corp, Lsi Logic Corp

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By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements to or within the Leased Premises without Landlord’s prior written approval, and then not until Landlord shall have first approved, in writing, the plans and specifications therefortherefore, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of Notwithstanding the foregoing, Tenant acknowledges that it shall be reasonable for Landlord permitted to withhold its consent make alterations following not less than ten (10) business days notice to any modificationLandlord, alteration or improvement if, in but without Landlord’s reasonable judgmentprior approval, to the extent any such modificationalteration is merely cosmetic in nature (i.e., re-painting and re-carpeting) and together with all other such alterations in any calendar year costs less than $20,000, and provided that such alteration or improvement would adversely does not (a) affect the exterior of the Building, (b) affect the structure of the Building, any Building or the systems and equipment of the Building’s systems, and/or (c) interfere with Building services or the appearance use of the Building Property or the value Building by other tenants or utility of the Leased Premisesoccupants. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto)expense, using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good qualityquality that match or complement the original improvements existing as of the Lease Commencement Date. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modificationmodifications, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls areas outside of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding If Landlord reserves the foregoingright to require Tenant to remove any alterations or modifications at the end of the Lease Term, Tenantand the cost of such removal and restoration together with the cost of removal and restoration of all other alterations and modifications which Landlord may require Tenant to remove exceeds $25,000.00, without then as a condition to granting its consent, Landlord may require Tenant to increase the amount of its Security Deposit hereunder to cover such costs to the extent they exceed $25,000.00. Tenant shall pay Landlord’s prior written consent (but subject reasonable costs to inspect the other terms construction of Tenant’s alterations or modifications and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide have Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked ’s architect revise Landlord’s drawings to show construction changes made, and (d) if requested the work performed by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear exceptedTenant.

Appears in 2 contracts

Samples: Industrial Space Lease (Silicon Graphics International Corp), Acceptance Agreement (Rackable Systems, Inc.)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements to or within the Leased Premises without Landlord's prior written approval, and then not until Landlord shall have first approved, in writing, the plans and specifications therefortherefore, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto)'s expense, using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good qualityquality that match or complement the original improvements existing as of the Lease Commencement Date. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modificationmodifications, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls areas outside of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without As a part of granting Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted 's approval for Tenant to make alterations or modifications Landlord may require Tenant to increase the Leased Premises which do not affect amount of it's Security Deposit to cover the structure cost of removing Tenant's alterations or modifications and to restore the condition of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) to it's prior condition. Tenant shall timely provide Landlord pay Landlord's reasonable costs to inspect the notice required pursuant construction of Tenant's alterations or modifications and to Paragraph 4.9 above, (c) Tenant shall provide have Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked 's architect revise Landlord's drawings to show construction changes made, and (d) if requested the work performed by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear exceptedTenant.

Appears in 2 contracts

Samples: Acceptance Agreement (Virage Logic Corp), Lease (Centillium Communications Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements to or within the Leased Premises without Landlord's prior written approval, and then not until Landlord shall have first approved, in writing, the plans and specifications therefortherefore, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto)'s expense, using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good qualityquality that match or complement the original improvements existing as of the Commencement Date. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, and (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modificationmodifications, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components any areas outside of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, ; overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Tenant shall pay Landlord's reasonable costs to inspect the construction of Tenant's alterations or modifications and to have Landlord's architect revise Landlord's drawings to show the work performed by Tenant. Notwithstanding the foregoing, Tenant, Tenant may construct non-structural alterations without Landlord’s 's prior written consent approval, if the cost of any such project does not exceed Twenty-Five Thousand Dollars (but subject $25,000); provided, however, that as to any such non-structural alterations, Landlord reserves the right to require Tenant to remove such alterations prior to the other terms and conditions expiration or earlier termination of this Article 6), shall be permitted Lease by giving written notice of such required removal to make alterations Tenant at least thirty (30) days prior to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease; provided, remove however, if Tenant submits to Landlord a written notice of such alteration that clearly requests Landlord's determination as to whether any such alteration must be removed and states in the text that is such notice constitutes as "Alternation Notice" pursuant to Section 6.1 of this Lease (an "Alteration Notice"), then Landlord shall not an improvement that would be typically found entitled to require removal of such alteration unless it notifies Tenant in an office space environment and restore the Leased Premises to their condition prior to writing of such alteration, reasonable wear and tear exceptedrequirement within fifteen (15) days following delivery of such Alteration Notice.

Appears in 2 contracts

Samples: Lease (Quantenna Communications Inc), Lease (Quantenna Communications Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements to or within the Leased Premises without Landlord’s prior written approval, and then not until Landlord shall have first approved, in writing, the plans and specifications therefortherefore, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto)expense, using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant tenant make any modificationmodifications, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls areas outside of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Lease (Adeza Biomedical Corp), Lease (Adeza Biomedical Corp)

By Tenant. Other than the Tenant Improvements, Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises (except for Alterations which are purely cosmetic or decorative) until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it Tenant’s written request shall be reasonable also contain a request for Landlord to withhold its consent elect whether or not it will require Tenant to any modificationremove the subject alterations, alteration modifications or improvement ifimprovements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Landlord’s reasonable judgmentParagraph 2.6 above, such modificationLandlord shall be deemed to have made the election at the time the alterations, alteration modifications or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesimprovements were completed). All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Lease (Cardiodx Inc), Lease (Cardiodx Inc)

By Tenant. Tenant shall shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgmentexpress responsibility under this Lease, such modificationand shall keep the Premises in compliance with all applicable Laws and insurance requirements and in good condition and repair, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesordinary wear and tear excepted. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, the term “modifications, alterations and/or improvements” shall repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the installation interior side of additional electrical outletsdemising walls; (5) electronic, overhead lighting fixturesphone and data cabling and related equipment (collectively, drains, sinks, partitions, doorways, “Cable”) that is installed by or for the like. Notwithstanding benefit of Tenant and located in the foregoing, Tenant, without Landlord’s prior written consent (but subject to the Premises or other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure portions of the Building or the Leased PremisesProject; (6) supplemental air conditioning units, do not affect the private showers and kitchens, including hot water heaters, plumbing, electricaldishwashers, mechanical ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations performed by contractors retained by or other systems on behalf of Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Landlord reserves the right to perform any of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) foregoing maintenance or repair obligations or require that such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with obligations be performed by a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested contractor approved by Landlord, all at Tenant’s expense. All work shall be performed in accordance with the rules and procedures described in Section 8(a). If Tenant shallfails to make any repairs to the Premises for more than thirty (30) days after notice from Landlord (although notice shall not be required if there is an emergency, on or before if the area to be repaired is visible from the exterior of the Building), Landlord may (but without any obligation), in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. At the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found Tenant shall surrender the Premises in an office space environment and restore the Leased Premises to their condition prior to such alterationrequired under this Lease, excepting reasonable wear and tear exceptedand losses required to be restored by Landlord. If Landlord elects to store any personal property of Tenant, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, same shall be stored at the sole cost and risk of Tenant. Landlord or its agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Complex or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of moisture and on good housekeeping and ventilation practices. Tenant acknowledges the necessity of housekeeping, ventilation, and moisture control (especially in kitchens, janitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention. In signing this Lease, Tenant has first inspected the Premises and certifies that it has not observed mold, mildew or moisture within the Premises. Tenant agrees to immediately notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to evaluate and make recommendations and/or take appropriate corrective action. Tenant relieves Landlord from any liability for any bodily injury or illness or damages to property caused by or associated with moisture or the growth of or occurrence of mold or mildew on the Premises. In addition, execution of this Lease constitutes acknowledgment by Tenant that control of moisture and mold prevention are integral to its Lease obligations.

Appears in 2 contracts

Samples: Office Lease Agreement (Interpace Biosciences, Inc.), Office Lease Agreement (Cancer Genetics, Inc)

By Tenant. Except for Minor Alterations, Tenant shall not make or permit to be made any alterations Alterations without Landlord’s prior written consent, which as to any Major Alterations may be given or modifications of the Leased Premises withheld in Landlord’s sole discretion. All Alterations shall be performed only by contractors, engineers or construct any improvements within the Leased Premises until Landlord architects reasonably approved by Landlord, and shall have first approvedbe made in accordance with complete and detailed architectural, in writing, the mechanical and engineering plans and specifications therefor, which approval approved in writing by Landlord. Landlord shall not be unreasonably withheldwithhold or delay its approval of any such contractors, conditioned engineers, architects, plans or delayed. Without limiting the generality of the foregoingspecifications, Tenant acknowledges that it shall be reasonable for Landlord except as limited pursuant to withhold its consent Section 6.6 with respect to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased PremisesMinor Alterations. All such modifications, alterations or improvementsAlterations, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto)expense, using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done performed in accordance with all Laws and in a good and workmanlike manner using new materials of good qualityquality and shall comply with all Requirements. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements Alterations until (ia) all required governmental approvals and permits shall have been obtained, (iib) all requirements regarding insurance imposed by this Lease have been satisfied, (iiic) Tenant shall have given Landlord at lease least five (5) business days Business Days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (ivd) if requested by any and all conditions to Landlord, ’s approval of such work have been satisfied to Landlord’s reasonable satisfaction. Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever Alterations to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedAreas. As used in this Article, the term “modifications, alterations and/or improvements” Alterations shall include, without limitation, include the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding As a part of and at the foregoing, Tenant, without time granting Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted approval for Tenant to make alterations Alterations, Landlord may require that Tenant remove any such Alterations prior to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove the Term and repair any damage caused by such alteration that is not an improvement that would be typically found in an office space environment and removal or restore the Leased Premises at Tenant’s cost. At Landlord’s request, Tenant shall pay Landlord’s reasonable out of pocket costs to their condition prior inspect the construction of Tenant’s Alterations and to such alteration, reasonable wear and tear exceptedhave Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant.

Appears in 2 contracts

Samples: Reciprocal Easement Agreement (Silver Spring Networks Inc), Reciprocal Easement Agreement (Silver Spring Networks Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefortherefore, which approval shall not be unreasonably withheld, conditioned withheld or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it Landlord's consent shall not be reasonable required for Landlord to withhold its consent to non-structural interior improvements costing less than $10,000 in any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisescalendar year. Plans are required. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-Landlord approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount reasonably satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modificationmodifications, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, 's approval which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Acceptance Agreement (Atroad Inc), Acceptance Agreement (Atroad Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it Tenant’s written request shall be reasonable also contain a request for Landlord to withhold its consent elect whether or not it will require Tenant to any modificationremove the subject alterations, alteration modifications or improvement if, in improvements at the expiration or earlier termination of this Lease and Landlord’s reasonable judgmentremoval/no removal decision shall be delivered to Tenant simultaneously with its approval of such alternations or modifications. If such additional request is not included, Landlord may make such modificationelection at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, alteration Landlord shall be deemed to have made the election at the time the alterations, modifications or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesimprovements were completed). All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Sublease (Gigamon Inc.), Lease (Palo Alto Networks Inc)

By Tenant. Tenant shall not make any alterations do anything or permit anything to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance or about the Premises which will in any way conflict with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (collectively, “Applicable Laws”). At its sole cost and expense, Tenant shall promptly comply with all Applicable Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until which relate to (i) all required governmental approvals and permits shall have been obtainedTenant’s use of the Premises, (ii) all requirements regarding insurance imposed any Alterations made by this Lease have been satisfiedTenant to the Premises, and any Improvements in the Premises, or (iii) the Base Building, but as to the Base Building, only to the extent such obligations are triggered by Alterations made by Tenant to the Premises to the extent such Alterations are not normal and customary business office improvements in Comparable Buildings, or triggered by the Improvements to the extent such Improvements are not normal and customary business office improvements, or triggered by Tenant’s use of the Premises for non-general office use. Tenant shall have given not, however, be responsible for the cost of complying with Applicable Laws to the extent that any such compliance is required as a result of the Base Building failing to comply with Applicable Laws in effect as of the Delivery Date. Should any standard or regulation now or hereafter be imposed on Landlord or Tenant by a state, federal or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards for employers, employees, landlords or tenants, then Tenant agrees, at lease five (5) business days prior written notice its sole cost and expense, to comply promptly with such standards or regulations to the extent they apply to Tenant’s use or occupancy of the Premises. Tenant shall be responsible, at its sole cost and expense, to make all alterations to the Premises as are required to comply with the governmental rules, regulations, requirements or standards described in this Article 24 with which Tenant is responsible for compliance. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant has violated any of said governmental measures, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall promptly pay all fines, penalties and damages that may arise out of or be imposed because of its intention failure to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to comply with the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions provisions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted24.

Appears in 2 contracts

Samples: Project Agreement (Dropbox, Inc.), Project Agreement (Dropbox, Inc.)

By Tenant. Tenant shall not make any alterations to or modifications of sublet the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approvedportion thereof or assign its interest in this Lease, in writingwhether voluntarily or by operation of Law, the plans and specifications therefor, without Landlord's prior written consent which approval shall not be unreasonably withheld. Any attempted subletting or assignment without Landlord's prior written consent, conditioned at Landlord's election, shall constitute a default by Tenant under the terms of this Lease. The acceptance of rent by Landlord from any person or delayedentity other than Tenant, or the acceptance of rent by Landlord from Tenant with knowledge of a violation of the provisions of this paragraph, shall not be deemed to be a waiver by Landlord of any provision of this Article or this Lease or to be a consent to any subletting by Tenant or any assignment of Tenant's interest in this Lease. Without limiting the generality of the foregoingcircumstances in which it may be reasonable for Landlord to withhold its consent to an assignment or subletting, Landlord and Tenant acknowledges acknowledge that it shall be reasonable for Landlord to withhold its consent to any modification, alteration in the following instances: (a) the proposed assignee or improvement if, sublessee is a governmental agency; (b) in Landlord’s 's reasonable judgment, such modification, alteration or improvement would adversely affect the structure use of the BuildingLeased Premises by the proposed assignee or sublessee would involve occupancy by other than primarily general office or software engineering personnel, would entail any alterations which would lessen the value of the leasehold improvements in the Leased Premises, or would require increased services by Landlord; (c) in Landlord's reasonable judgment, the financial worth of the proposed assignee is less than that of Tenant or does not meet the credit standards applied by Landlord; (d) the proposed assignee or sublessee (or any of its affiliates) has been in material default under a lease, has been in litigation with a previous landlord, or in the ten years prior to the assignment or sublease has filed for bankruptcy protection, has been the subject of an involuntary bankruptcy, or has been adjudged insolvent; (e) Landlord has experienced a previous default by or is in litigation with the proposed assignee or sublessee; (f) in Landlord's reasonable judgment, the Leased Premises, or the relevant part thereof, will be used in a manner that will violate any negative covenant as to use contained in this Lease; (g) the use of the Leased Premises by the proposed assignee or sublessee will violate any applicable law, ordinance or regulation, or the proposed assignee or sublessee will use or store Hazardous Materials; (h) the proposed assignee or sublessee is, as of the date of this Lease, a tenant in the Building’s systems, ; (i) the appearance proposed assignment or sublease fails to include all of the Building terms and provisions required to be included therein pursuant to this Article 7; (j) Tenant is in default of any obligation of Tenant under this Lease, or Tenant has defaulted under this Lease on three or more occasions during the value 12 months preceding the date that Tenant shall request consent; or utility (k) in the case of a subletting of less than the entire Leased Premises, if the subletting would result in the division of the Leased Premises into more than two subparcels or would require improvements to be made outside of the Leased Premises. All such modifications7.2 Merger, alterations Reorganization, or improvementsSale of Assets. Any dissolution, once so approvedmerger, consolidation or other reorganization of Tenant, or the sale or other transfer in the aggregate over the Lease Term of a controlling percentage of the capital stock of Tenant, or the sale or transfer of all or a substantial portion of the assets of Tenant, shall be made, constructed deemed a voluntary assignment of Tenant's interest in this Lease except that any public offering of capital stock or installed by Tenant at Tenant’s expense sales of stock (including all permit fees and governmental charges related thereto), using other than a licensed contractor first approved by Landlord (which approval block trade) through an over- the-counter market or recognized national or international exchange shall not be unreasonably withheldincluded in determining whether a controlling percentage of the capital stock of Tenant has been transferred. The phrase "controlling percentage" means the ownership of and the right to vote stock possessing more than fifty percent of the total combined voting power of all classes of Tenant's capital stock issued, conditioned outstanding and entitled to vote for the election of directors. If Tenant is a partnership, a withdrawal or delayed)change, in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken voluntary, involuntary or by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials operation of good quality. Tenant shall not commence the making Law, of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorwaysgeneral partner, or the likedissolution of the partnership, shall be deemed a voluntary assignment of Tenant's interest in this Lease. Notwithstanding the foregoing, TenantTenant may, without Landlord’s 's prior written consent (but and without being subject to any of the other terms and conditions provisions of this Article 6)7, shall be permitted including without limitation, Landlord's right to make alterations to the Leased Premises which do not affect the structure recapture any portion of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of sublet the Leased Premises viewed from the exterioror assign this Lease to (individually, a "Permitted Assignee," collectively, "Permitted Assignees"): (i) a subsidiary, affiliate, division, corporation or joint venture controlling, controlled by or under common control with Tenant; or (ii) a successor corporation related to Tenant by merger, consolidation, nonbankruptcy reorganization, or government action; provided that: that any Permitted Assignee under (ai) such alterations do or (ii) above has a net worth equal to or greater than Tenant and does not exceed $25,000 individually have any contingent or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration off-balance sheet liabilities that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.make it less credit worthy than Tenant. 7.3

Appears in 2 contracts

Samples: Vantive Corp, Vantive Corp

By Tenant. Tenant shall not make or permit to be made any alterations Alterations without Landlord's prior written consent, which as to any Major Alterations may be given or modifications of the Leased Premises withheld in Landlord's sole discretion. All Alterations shall be performed only by contractors, engineers or construct any improvements within the Leased Premises until Landlord architects approved by Landlord, and shall have first approvedbe made in accordance with complete and detailed architectural, in writing, the mechanical and engineering plans and specifications therefor, which approval approved in writing by Landlord. Landlord shall not be unreasonably withheldwithhold or delay its approval of any such contractors, conditioned engineers, architects, plans or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesspecifications. All such modifications, alterations or improvementsAlterations, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto)'s expense, using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done performed in accordance with all Laws and in a good and workmanlike manner using new materials of good qualityquality and shall comply with all Requirements. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements Alterations until (ia) all required governmental approvals and permits shall have been obtained, (iib) all requirements regarding insurance imposed by this Lease have been satisfied, (iiic) Tenant shall have given Landlord at lease least five (5) business days Business Days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (ivd) if requested by any and all conditions to Landlord, 's approval of such work have been satisfied to Landlord's reasonable satisfaction. Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever Alterations to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedAreas. As used in this Article, the term “modifications, alterations and/or improvements” Alterations shall include, without limitation, include the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without As a part of granting Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted 's approval for Tenant to make alterations Alterations, Landlord may require that Tenant remove any such Alterations prior to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove the Term and repair any damage caused by such alteration that is not an improvement that would be typically found in an office space environment and removal or restore the Leased Premises at Tenant's cost. At Landlord's request, Tenant shall pay Landlord's actual out-of-pocket costs to their condition prior inspect the construction of Tenant's Alterations and to have Landlord's architect revise Landlord's drawings to show the work performed by Tenant and may require payment of an administrative fee for Landlord's involvement with such alterationAlterations, reasonable wear and tear exceptedwhich fee shall not exceed two percent (2%) of the cost of each such Alteration.

Appears in 2 contracts

Samples: Reciprocal Easement Agreement (Forescout Technologies, Inc), Reciprocal Easement Agreement (Forescout Technologies, Inc)

By Tenant. Tenant shall not make any - alterations to or modifications of the Leased Premises or construct any improvements to or within the Leased Premises without Landlord’s prior written approval, and then not until Landlord shall have first approved, in writing, the plans and specifications therefortherefore, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto)expense, using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good qualityquality that match or complement the original improvements existing as of the Lease Commencement Date. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9, and (v) if requested by Landlord, Tenant shall provide a cash deposit or payment and performance bond for such work which deposit or bond shall be in such amount as to cover the cost of removing the work and restoring the Property to its original condition. In no event shall Tenant make any modificationmodifications, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls areas outside of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without As a part of granting Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted approval for Tenant to make alterations or modifications Landlord may require Tenant to increase the Leased Premises which do not affect amount of its Security Deposit to cover the structure cost of removing Tenant’s alterations or modifications and to restore the condition of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) to its prior condition. Tenant shall timely provide Landlord pay Landlord’s reasonable costs to inspect the notice required pursuant construction of Tenant’s alterations or modifications and to Paragraph 4.9 above, (c) Tenant shall provide have Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked ’s architect revise Landlord’s drawings to show construction changes made, and (d) if requested the work performed by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear exceptedTenant.

Appears in 2 contracts

Samples: Industrial Space Lease (Corsair Gaming, Inc.), Corsair Gaming, Inc.

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not may be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, withheld in Landlord’s 's reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesdiscretion. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein Premises, without Landlord’s the prior consent, which shall not be unreasonably withheld, conditioned or delayedwritten consent of Landlord in accordance with Section 4.2. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s 's prior written consent (but subject to the other terms and conditions of this Article 6)consent, shall be permitted to make non-structural alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exteriorBuilding, provided that: (a) such alterations do not exceed $25,000 10,000 individually or $100,000 in the aggregate in each calendar yearaggregate, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the notify Landlord in writing within thirty (30) days of completion of the alteration, with alteration and deliver to Landlord a set of the plans and specifications therefor, either "as built" or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before upon Landlord's request, remove the expiration or earlier alteration at the termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment the Lease and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.. 6.2

Appears in 2 contracts

Samples: Vantive Corp, Vantive Corp

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it Tenant's written request shall be reasonable also contain a request for Landlord to withhold its consent elect whether or not it will require Tenant to any modificationremove the subject alterations, alteration modifications or improvement ifimprovements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant's removal obligations set forth in Landlord’s reasonable judgmentParagraph 2.5 above, such modificationLandlord shall be deemed to have made the election at the time the alterations, alteration modifications or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesimprovements were completed). All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which Landlord, such approval shall not to be unreasonably withheld, conditioned or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein Premises, without Landlord’s prior 's consent, which consent shall not be unreasonably withheld, conditioned or delayed. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Jazz Semiconductor Inc, Jazz Semiconductor Inc

By Tenant. Tenant shall not make any alterations do anything or permit anything to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance or about the Premises which will in any way conflict with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (collectively, “Applicable Laws”). At its sole cost and expense, Tenant shall promptly comply with all Applicable Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until which relate to (i) all required governmental approvals and permits shall have been obtainedTenant’s use of the Premises, (ii) all requirements regarding insurance imposed any Alterations made by this Lease have been satisfiedTenant to the Premises, and any Improvements in the Premises, or (iii) the Base Building, but as to the Base Building, only to the extent such obligations are triggered by Alterations made by Tenant to the Premises to the extent such Alterations are not normal and customary business office improvements in Comparable Buildings, or triggered by the Improvements to the extent such Improvements are not normal and customary business office improvements, or triggered by Tenant’s use of the Premises for non-general office use. Tenant shall have given not, however, be responsible for the cost of complying with Applicable Laws to the extent that any such compliance is required as a result of the Base Building failing to comply with Applicable Laws in effect as of the Delivery Date. Should any standard or regulation now or hereafter be imposed on Landlord or Tenant by a state, federal or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards for employers, employees, landlords or tenants, then Tenant agrees, at lease five (5) business days prior written notice its sole cost and expense, to comply promptly with such standards or regulations to the extent they apply to Tenant’s use or occupancy of the Premises. Tenant shall be responsible, at its sole cost and expense, to make all alterations to the Premises as are required to comply with the governmental rules, regulations, requirements or standards described in this Article 24 with which Tenant is responsible for compliance. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant has violated any of said governmental measures, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall promptly pay all fines, penalties and damages that may arise out of or be imposed because of its intention failure to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to comply with the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions provisions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure 24. For purposes of Section 1938 of the Building or the Leased PremisesCalifornia Civil Code, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant hereby discloses to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes madeTenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear exceptedCASp).

Appears in 2 contracts

Samples: Office Lease (Dropbox, Inc.), Office Lease (Dropbox, Inc.)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not may be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, withheld in Landlord’s reasonable judgmentdiscretion. Landlord’s approval shall be deemed given if not denied by Landlord in a written notice to Tenant delivered within fifteen (15) days following receipt of Tenant’s written request. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such modificationadditional request is not included, alteration Landlord may make such election upon any subsequent request by Tenant or improvement would adversely affect at the structure expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Section 2.7 above, Landlord shall be deemed to have made the Buildingelection at the time the alterations, any of the Building’s systems, the appearance of the Building modifications or the value or utility of the Leased Premisesimprovements were completed). All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6)consent, shall be permitted to make non-structural alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exteriorBuilding, provided that: (a) such alterations do not exceed $25,000 50,000 individually or $100,000 200,000 in the aggregate in each calendar yearaggregate, (b) Tenant shall timely provide Landlord the notice required pursuant no less than ten (10) days prior to Paragraph 4.9 abovecommencing such alterations, (c) Tenant shall provide Landlord, promptly following the notify Landlord in writing within thirty (30) days of completion of the alteration, with alteration and deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before upon Landlord’s request, remove the expiration or earlier alteration at the termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment the Lease and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Redback Networks Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion. Tenant’s written request shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable also contain a request for Landlord to withhold its consent elect whether or not it will require Tenant to any modificationremove the subject alterations, alteration modifications or improvement ifimprovements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed). Landlord’s reasonable judgment, such modificationhowever, alteration may not require Tenant to remove or improvement would adversely affect pay the structure cost to remove the Tenant Improvements installed as part of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. Improvement Work pursuant to Exhibit B. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Silicon Image Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements to or within the Leased Premises without Landlord’s prior written approval, and then not until Landlord shall have first approved, in writing, the plans and specifications therefortherefore, which approval shall not nor be unreasonably withheld. Tenant may, conditioned or delayed. Without limiting the generality of the foregoinghowever, Tenant acknowledges that it shall be reasonable for Landlord to withhold its make nonstructural alterations without Landlord’s consent to the extent the cost of any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesparticular project is less than twenty-five thousand dollars($25.000). All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto)expense, using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good qualityquality that match or complement the original improvements existing as of the Lease Commencement Date. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease or least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modificationmodifications, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls areas outside of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Tenant shall pay Landlord’s reasonable costs to inspect the construction of Tenant’s alterations or modifications and to have Landlord’s architect revise Landlord’s drawings to show the work performed by Tenant. Notwithstanding the foregoingabove provisions, Tenanthowever, without Landlord’s prior written consent (but subject to the other terms Landlord and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure Tenant acknowledge that as a part of the Building or consideration for Tenant and Landlord having entered into this Lease Agreement, that Tenant intends to modify the interior of the Leased Premises. By the terms of Exhibit “C” hereof, do not affect the plumbing, electrical, mechanical or other systems Landlord agrees to reimburse Tenant for a portion of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 expense in the aggregate in each calendar year, modification of said interior (b) the “Initial Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear exceptedImprovements”).

Appears in 1 contract

Samples: Sublease (@Road, Inc)

By Tenant. This Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Building E Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises Non-Standard Improvements until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not may be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, withheld in Landlord’s reasonable judgmentsole discretion as to modifications, such modificationalterations and/or improvements which affect the Building façade or structure, alteration or improvement would materially adversely affect the structure of the Building, any of the Building’s systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion. Landlord’s written approval shall, if applicable, also contain Landlord’s election to require Tenant to remove the appearance subject Non-Standard Improvements at the expiration or earlier termination of the Building or the value or utility of the Leased Premisesthis Lease, in which event Tenant shall be obligated to do so, subject to Paragraph 2.6 above. All such modifications, alterations or improvements, once so approved, improvements shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned withheld or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new (or reclaimed or recycled) materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Common Areas or (except the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedExclusive Use Areas). As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6)consent, shall be permitted to make alterations to the Leased Premises which do are not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, Non-Standard Improvements provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice notices required pursuant to Paragraph 4.9 above, (cb) Tenant shall have secured the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for such alterations, and shall provide Landlordcopies of such approvals and permits to Landlord prior to commencing any work with respect to such alterations, promptly following (c) the cost of any such project does not exceed Two Hundred Thousand Dollars ($200,000) and not more than three (3) such projects are performed in any twelve (12) month period, and (d) Tenant shall notify Landlord in writing within thirty (30) days of completion of the alteration, with alteration and deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord. In addition, Tenant shall, on or before the expiration or earlier termination of this Lease, remove may perform any such alteration that is cabling and cosmetic alterations not an improvement that would be typically found in an office space environment and restore visible outside the Leased Premises to their condition without Landlord’s prior to such alteration, reasonable wear and tear exceptedapproval.

Appears in 1 contract

Samples: Disturbance Agreement (Palo Alto Networks Inc)

By Tenant. Tenant shall not make any alterations no structural alterations, additions, or improvements to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvementsany non-structural alterations, once so approved, shall be made, constructed additions or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (improvements which approval shall not be unreasonably withheld, conditioned adversely affect or delayed), in substantial compliance interfere with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence the making of any such modifications operating or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components mechanical systems of the Building includingbuilding, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without obtaining Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Articlea condition of granting its consent, Landlord may require Tenant to provide Landlord with all plans and specifications for the term “modifications, proposed alterations and/or improvements” and with all agreements with proposed contractors and subcontractors (all of which shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without be subject to Landlord’s prior written consent consent, which shall not be unreasonably withheld). All such alterations, additions, and improvements shall be at Tenant’s sole expense and shall be performed by qualified contractors and subcontractors. Tenant shall indemnify Landlord against all claims, demands, costs and expenses (but subject including reasonable attorneys fees), damages and liabilities arising from or relating to the other terms construction, installation, use or operation of any such alterations, additions or improvements made by or on behalf of Tenant, and conditions against the imposition of this Article 6)mechanics’ or materialmen’s liens resulting from work performed by Tenant’s contractors. All improvements, shall be permitted to make additions, and alterations to the Leased Premises which do not affect (except trade fixtures) shall become the structure property of Landlord and shall be surrendered up to Landlord upon the Building or expiration of this Lease unless otherwise agreed by Landlord and Tenant. Landlord acknowledges that all conveyors, trade fixtures and warehousing equipment and racking are the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems property of the Building and do not affect the appearance of Tenant. Prior to Tenant performing any alterations to the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with for which a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would lien could be typically found in an office space environment and restore filed against the Leased Premises to their condition prior to such alterationor the Property, reasonable wear Tenant shall have its contractor execute and tear exceptedfile in the appropriate public office a Waiver of Mechanics’ Lien, in statutory form and provide Landlord with an original copy thereof. Tenant agrees that its alteration or improvement work in the Leased Premises shall not be done in a manner which would create any work stoppage, picketing, labor disruption or dispute or any interference with the business of Landlord or any tenant or occupant of the Property.

Appears in 1 contract

Samples: Agreement of Sale (Lenox Group Inc)

By Tenant. Tenant shall not make do anything or suffer anything to be done by any alterations Tenant Party in or about the Premises or the Project which will in any way conflict with any law, statute, ordinance or other federal, state or local governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (collectively, “Applicable Laws”). At its sole cost and expense, Tenant shall promptly comply with all such Applicable Laws which relate to or modifications (i) Tenant’s use of the Leased Premises, (ii) any Alterations made by Tenant to the Premises or construct the Tenant Improvements, or (iii) the Base Building, but as to the Base Building, only to the extent such obligations are triggered by Alterations or Tenant Improvements to the extent such Alterations are not normal and customary business office improvements in Comparable Buildings, or triggered by the Tenant Improvements to the extent such Tenant Improvements ae not normal and customary business office improvements, or triggered by Tenant’s particular use of the Premises and Project as opposed to customary business office use. Tenant shall not, however, be responsible for the cost of complying with Applicable Laws to the extent that any improvements within such compliance is required as a result of the Leased Premises until Landlord shall have first approvedBase Building failing to comply with Applicable Laws in effect as of date the Building was substantially completed (i.e., 2018). Notwithstanding the foregoing terms of this Article 24 to the contrary, Tenant may defer such compliance with Applicable Laws while Tenant contests, in writinga court of proper jurisdiction, in good faith, the plans and specifications thereforapplicability of such Applicable Laws to the Premises or Tenant’s specific use or occupancy of the Premises; provided, which approval however, Tenant may only defer such compliance if such deferral shall not be (a) prohibit Tenant from obtaining or maintaining a certificate of occupancy for the Premises, (b) prohibit Landlord from obtaining or maintaining a certificate of occupancy for the Building or any portion thereof, (c) unreasonably withheld, conditioned or delayed. Without limiting and materially affect the generality safety of the foregoingemployees and/or invitees of Landlord or of any tenant in the Building (including Tenant), Tenant acknowledges that it shall be reasonable (d) create a significant health hazard for the employees and/or invitees of Landlord to withhold its consent to or of any modificationtenant in the Building (including Tenant), alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would (e) otherwise materially and adversely affect Tenant’s use of or access to the structure Buildings or the Premises, or (f) impose material obligations, liability, fines, or penalties upon Landlord or any other tenant of the Building, any or would materially and adversely affect the use of or access to the Building by Landlord or other tenants or invitees of the Building’s systems, the appearance . The judgment of the Building any court of competent jurisdiction or the value or utility admission of the Leased Premises. All such modificationsTenant in any judicial action, alterations or improvementsregardless of whether Landlord is a party thereto, once so approvedthat Xxxxxx has violated any of said governmental measures, shall be made, constructed or installed by Tenant at conclusive of that fact as between Landlord and Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by . Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance comply with all Applicable Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work Common Areas of the Building, provided that compliance with such Applicable Laws is not covered by insurance carried by the responsibility of Tenant pursuant under this Lease, and provided further that Landlord’s failure to Article 9. In no event shall comply therewith would prohibit Tenant make any modificationfrom obtaining or maintaining a certificate of occupancy for the Premises, alterations or improvements whatsoever would unreasonably and materially affect the safety of Tenant’s employees or create a significant health hazard for Tenant’s employees, or would otherwise materially and adversely affect Tenant’s use of or access to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), Landlord shall be permitted to make alterations include in Operating Expenses any costs or expenses incurred by Landlord under this Article 24 to the Leased Premises which do extent not affect prohibited by the structure terms of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 Section 4.2.4 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Vir Biotechnology, Inc.)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s 's reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s 's systems, the appearance of the Building or the value or utility of the Leased PremisesBuilding or the Property. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner matter using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file the notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an pal amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s 's prior written consent (but subject to it the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar yearaggregate, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the notify Landlord in writing within thirty (30) days of completion of the alteration, with alteration and deliver to Landlord a set of the plans and specifications therefor, either "as built" or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before upon Landlord's request, remove the expiration or earlier alteration at the termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment the Lease and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease by And (Polycom Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall may not be unreasonably withheld, conditioned delayed or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesconditioned. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, satisfied and (iii) Tenant shall have given Landlord at lease five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the likeBuilding. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6)consent, shall be permitted to make non- structural alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exteriorBuilding, provided that: (a) such alterations do not exceed $25,000 10,000 individually or $100,000 in the aggregate in each calendar yearaggregate, (b) Tenant shall timely provide Landlord with notice of the notice required pursuant to Paragraph 4.9 above, proposed improvements including such details as Landlord may reasonably request regarding the proposed improvements and their estimated cost and (c) Tenant shall provide shall, upon Landlord’s request, promptly following remove the completion alteration at the termination of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment Lease and restore the Leased Premises to their condition existing prior to such alteration. Tenant agrees to provide landlord with copies of plans for all material improvements or alterations to the Leased Premises, reasonable wear and tear exceptedregardless of whether or not Landlord’s consent to such improvements or alterations is required hereunder.

Appears in 1 contract

Samples: Lease (Cardium Therapeutics, Inc.)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned withheld or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first reasonably approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent's written approval, which approval shall not be unreasonably withheld, conditioned withheld or delayed. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s 's prior written consent (but subject to the other terms and conditions of this Article 6)consent, shall be permitted to make non-structural alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exteriorBuilding, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 50,000 in the aggregate in each calendar yearany twelve month period, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the notify Landlord in writing within thirty (30) days of completion of the alteration, with alteration and deliver to Landlord a set of the plans and specifications therefor, either "as built" or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before upon Landlord's request, remove the expiration or earlier alteration at the termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment the Lease and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Adept Technology Inc)

By Tenant. This Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises Non-Standard Improvements until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not may be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, withheld in Landlord’s reasonable judgmentsole discretion as to modifications, such modificationalterations and/or improvements which affect the Building façade or structure, alteration or improvement would materially adversely affect the structure of the Building, any of the Building’s systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion. Landlord’s written approval shall, if applicable, also contain Landlord’s election to require Tenant to remove the appearance subject Non-Standard Improvements at the expiration or earlier termination of the Building or the value or utility of the Leased Premisesthis Lease, in which event Tenant shall be obligated to do so, subject to Paragraph 2.6 above. All such modifications, alterations or improvements, once so approved, improvements shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned withheld or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new (or reclaimed or recycled) materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice Building F and Amenities Building of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Common Areas or (except the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedExclusive Use Areas). As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6)consent, shall be permitted to make alterations to the Leased Premises which do are not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, Non-Standard Improvements provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice notices required pursuant to Paragraph 4.9 above, (cb) Tenant shall have secured the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for such alterations, and shall provide Landlordcopies of such approvals and permits to Landlord prior to commencing any work with respect to such alterations, promptly following (c) the cost of any such project does not exceed Two Hundred Thousand Dollars ($200,000) and not more than three (3) such projects are performed in any twelve (12) month period, and (d) Tenant shall notify Landlord in writing within thirty (30) days of completion of the alteration, with alteration and deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord. In addition, Tenant shall, on or before the expiration or earlier termination of this Lease, remove may perform any such alteration that is cabling and cosmetic alterations not an improvement that would be typically found in an office space environment and restore visible outside the Leased Premises to their condition without Landlord’s prior to such alteration, reasonable wear and tear exceptedapproval.

Appears in 1 contract

Samples: Non Disturbance Agreement (Palo Alto Networks Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased PremisesBuilding or the Property. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar yearaggregate, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the notify Landlord in writing within thirty (30) days of completion of the alteration, with alteration and deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before upon Landlord’s request, remove the expiration or earlier alteration at the termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment the Lease and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Silicon Image Inc)

By Tenant. Tenant shall not make will at all times during the term of this Lease, any alterations extensions thereof, and during any period of holding over, at its sole expense, under the direction of Landlord, keep, maintain, replace and repair interior walls, floor coverings, ceiling (including without limitation tiles and grids), Tenant Improvements, fire extinguishers, outlets and fixtures and any appliances, in first class condition, subject to ordinary wear and tear. Tenant will also keep the Leased Premises in a clean and safe condition, the non-structural interior portions of the Leased Premises, including all interior plate glass, glass doors and windows, among other things, in good order, condition, and repair, in a safe, clean, and free of trash and waste condition, and in compliance with all applicable laws, ordinances, rules, and regulations of governmental authority, or modifications of any company or companies insuring against losses resulting from damage or destruction to the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approvedpersonal injuries, in writingdeaths, the plans and specifications thereforor property damage occurring in, which approval shall not be unreasonably withheldon, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of about the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including The cost of all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations repairs made necessary to the Leased Premises which do by the fault or negligence of Tenant, its employees, agents, customers or invitees, will be paid promptly by Tenant, except to the extent covered by Landlord’s Insurance. Tenant will not affect make any repairs, alterations or additions, including alterations prior to the structure commencement of this Lease, or make any contracts therefore, without first procuring Landlord’s written consent, unless the Building cost thereof is less than Twenty-five Thousand Dollars ($25,000) and said repairs, alterations or additions are non-structural in nature. Prior to Tenant’s commencement of any repairs, alterations or additions to the Leased Premises, do not affect the plumbingeither under this Article or Article 8, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide will deliver to Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the any plans and specifications therefor, either “as built” or marked to show construction changes madewell as copies of proposed contracts and necessary permits, and (d) if requested furnish such indemnification against liens, costs, damages and expenses as may be reasonably required by the Landlord, Tenant shallhas the right to install a generator, on subject to applicable Governmental Requirements, the installation, maintenance, repair and removal of the generator will be at Tenant’s sole cost and expense. All alterations, additions, improvements and fixtures, other than trade fixtures, which may be made or before installed by either of the parties hereto upon the Leased Premises, and which are in any manner attached to the floors, walls or ceilings at the termination of this Lease will at the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would the Term become the property of Landlord and will remain upon and be typically found in an office space environment and restore surrendered with the Leased Premises as a part thereof, without damage or injury, unless Landlord requests, at the time approving such installation, that such alterations or improvements be removed, in which event the same will be removed by the Tenant at the expiration of the term of this Lease at its own expense, and it will be obligated to their repair any damages occasioned thereby. Tenant will leave the Leased Premises in the condition prior as set forth in this subsection and Article 34. Any other terms or provisions in this Lease to such alterationthe contrary notwithstanding, reasonable wear Tenant shall have the right to remove equipment, trade fixtures, racks, office cubicles, wall-mounted displays and tear exceptedany other fixtures or improvements made by or on behalf of Tenant, so long as Tenant repairs damage, if any, caused by the removal.

Appears in 1 contract

Samples: Lease Agreement (Virtual Radiologic CORP)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned . Landlord shall respond to Tenant's written request to make any such alterations or delayedmodifications within ten (10) calendar days after receipt of such request. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s 's reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s 's systems, the appearance of the Building or the value or utility of the Leased PremisesBuilding or the Property. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s 's prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.aggregate,

Appears in 1 contract

Samples: Lease (Trident Microsystems Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements to or within the Leased Premises without Landlord’s prior written approval, and then not until Landlord shall have first approved, in writing, the plans and specifications therefortherefore, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto)expense, using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good qualityquality that match or complement the original improvements existing as of the Lease Commencement Date. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9, and (v) if requested by Landlord Tenant shall provide a cash deposit or payment and performance bond for such work which deposit or bond shall be in such amount as to cover the cost of removing the work and restoring the Property to its original condition. In no event shall Tenant make any modificationmodifications, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls areas outside of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without As a part of granting Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted approval for Tenant to make alterations or modifications Landlord may require Tenant to increase the Leased Premises which do not affect amount of it’s Security Deposit to cover the structure cost of removing Tenant’s alterations or modifications and to restore the condition of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) to it’s prior condition. Tenant shall timely provide Landlord pay Landlord’s reasonable costs to inspect the notice required pursuant construction of Tenant’s alterations or modifications and to Paragraph 4.9 above, (c) Tenant shall provide have Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked ’s architect revise Landlord’s drawings to show construction changes made, and (d) if requested the work performed by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear exceptedTenant.

Appears in 1 contract

Samples: Acceptance Agreement (Lexar Media Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion. Tenant’s written request shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable also contain a request for Landlord to withhold its consent elect whether or not it will require Tenant to any modificationremove the subject alterations, alteration modifications or improvement ifimprovements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed). Notwithstanding the above, Tenant may make certain alterations and modifications to the Leased Premises upon prior notice to Landlord, but without the requirement of obtaining Landlord’s reasonable judgmentconsent, if such modificationalterations and modifications meet all the following requirements: (a) the costs thereof is less than $20,000 through the term of this Lease, alteration or improvement would adversely (b) such alterations and additions do not affect the structure of the Building, any of the Building’s systems, the appearance structural components of the Building or the value or utility of any Building systems and are not visible from outside the Leased Premises, and (c) such alterations and modifications are constructed in compliance with all applicable Laws and the other provisions of this Article 6. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils per_ls relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Blue Coat Systems Inc)

By Tenant. Tenant will make no changes, alterations, or improvements affecting the exterior of the Demised Premises or the structure of the Building within which the Demised Premises are located. Provided that Tenant is not then in default under this Lease, Tenant may from time to time, at its own expense and upon compliance with the requirements of Section 6.2, alter, renovate or improve the interior of the Demised Premises. All such work will be performed in a good and workmanlike manner; in accordance with accepted building practices and applicable laws, including, but not limited to, building codes and zoning ordinances; and so as not to weaken or impair the strength or lessen the value of the Building in which the Demised Premises are located. Prior to commencement of all such work, Tenant shall not make any alterations to or modifications obtain Landlord's prior written approval of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable therefor ("Tenant's Plans") and either (i) arrange for Landlord to withhold perform the work on terms and conditions acceptable to Landlord and Tenant, each in its consent sole discretion or (ii) bid the project out to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first contractors approved by Landlord in writing in advance (which approval shall not be unreasonably withheld). Tenant shall provide Landlord with a copy of the information submitted to bidders at such time as the bidders receive their copy. Regardless of the contractors who perform the work pursuant to the above, conditioned Tenant shall pay Landlord on demand prior to or delayed)during the course of such construction an amount (the "Alteration Operations Fee") equal to five percent (5%) of the total cost of the work being performed (and for purposes of calculating the Alteration Operations Fee, such cost shall include architectural and engineering fees, but shall not include permit fees) as compensation to Landlord for Landlord's internal review of Tenant's Plans and general oversight of the construction (which oversight shall be solely for the benefit of Landlord and shall in substantial compliance no event be a substitute for Tenant's obligation to retain such project management or other services as shall be necessary to ensure that the work is performed properly and in accordance with the aforementioned requirements of this Lease). Tenant shall also reimburse Landlord for Landlord-approved 's expenses such as electrical energy consumed in connection with the work, freight elevator operation, additional cleaning expenses, additional security services, fees and charges paid to third party architects, engineers and other consultants for review of the work and the plans and specifications thereforewith respect thereto and to monitor contractor compliance with Building construction requirements, and for other miscellaneous costs incurred by Landlord as result of the work. All work undertaken Default by Tenant in the payment of any sums agreed to be paid by Txxxxx for or in connection with any work performed pursuant to this Section 7.2 (regardless of whether such agreement is pursuant to this Section 7.2 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of Rent hereunder. Any alterations, including, without limitation, moveable partitions that are affixed to the Demised Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of Landlord. In no event shall any alterations or repairs made by, or on behalf of, Tenant be done deemed to be performed by Txxxxx as an agent of Landlord. Further, nothing contained in accordance with all Laws and this Lease will be deemed the consent or agreement of Landlord to subject Landlord's interest in the Demised Premises or the Project to liability under any mechanics' or other lien law as a good and workmanlike manner using materials result of good qualitywork performed by, or on behalf of, Txxxxx. Tenant shall not commence comply with Lxxxxxxx's reasonable procedures (as such procedures may be reasonably modified by Landlord from time to time) for ensuring Tenant's timely payment of sums due to mechanics, materialmen and suppliers performing work on any alteration or repair so as to avoid any liens being filed against the making of any such modifications or alterations Demised Premises or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Project. Tenant shall have given give Landlord at lease five not less than ten (510) business days prior written notice of its intention the date the construction of any alteration is to commence such work so that commence. Landlord may post and file notices record an appropriate notice of non-responsibility, responsibility with respect to any alteration and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to maintain any such notices posted by Landlord in its reasonable discretion to cover or on the Demised Premises. Lxxxxxxx's sole election any perils relating to the proposed work not covered by insurance carried or all alterations made for or by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed removed by Tenant from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before Demised Premises at the expiration or earlier sooner termination of this Lease, remove any such alteration that is not an improvement that would Lease and the Demised Premises shall be typically found in an office space environment and restore the Leased Premises restored by Tenant to their condition prior to such alterationthe making of the alterations, reasonable ordinary wear and tear excepted. The removal of the alterations and the restoration of the Premises shall be performed by a general contractor selected by Txxxxx and approved by Landlord, in which event Tenant shall pay the general contractor's fees and costs in connection with such work. Any separate work letter or other agreement which is hereafter entered into between Landlord and Tenant pertaining to alterations shall be deemed to automatically incorporate the terms of this Lease without the necessity for further reference thereto.

Appears in 1 contract

Samples: Lease (Ra Medical Systems, Inc.)

By Tenant. Except as expressly provided in subparagraph (a) of --------- this Paragraph 16, and except as provided in Paragraph 29(e), Tenant shall will, at its sole cost and expense, (i) in the event Tenant elects not make any alterations to or modifications self-manage the Project, hire a company experienced in the management and maintenance of facilities similar to the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications thereforProject (approved by Landlord, which approval Landlord shall not be unreasonably withheldwithhold, conditioned condition or delayed. Without limiting the generality of the foregoingdelay, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayeddeemed granted if Landlord fails to respond to a written request therefor within twenty (20) days; Landlord hereby approves Washington Group International for all purposes in connection with this Lease as a management company), in substantial compliance to manage and maintain the Project (the contract with such company shall provide for the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence contract to terminate on the making of any such modifications or alterations or date (the construction of any such improvements until (i"Applicable Date") all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to which is the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components earlier of the Building includingRecapture Date (as defined in Paragraph 29(e) hereof), without limitation, any cuts or penetrations in the floor, roof or exterior walls last day of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any and the day Landlord terminates Tenant's right to possession of the Demised Premises pursuant to Paragraph 26(b)(ii) hereof), and (ii) take care of and maintain the Project in first class order, repair and operating condition and make repairs, restorations, and replacements to the Project, including without limitation the heating, ventilating, air conditioning, mechanical, electrical, elevator, and plumbing systems, structural roof, walls, and foundations, paving, curbs, landscaping, and the fixtures and appurtenances to the Project as and when needed to preserve them in good working order and condition and as required by Article IX of the Declaration and regardless of whether the repairs, restorations, and replacements are ordinary or extraordinary, foreseeable or unforeseeable, capital or non-capital, or the fault or not the fault of Tenant, its agents, employees, invitees, visitors, or contractors, but not to the extent caused by the negligence or intentional misconduct of Landlord, its employees, agents or licensees. Tenant agrees to keep and maintain in full force and effect, from the first day of the Move-in Period and continuing thereafter throughout the term of this Lease, at Tenant's sole expense, a maintenance contract with a reputable heating and air conditioning contractor with respect to the heating and air conditioning equipment servicing the Project. Such contract shall provide for service to be rendered on a regular periodic basis, shall provide for the contract to terminate on the Applicable Date. Tenant shall deliver to Landlord written evidence of such alteration that is not an improvement that would service contract upon request of Landlord. All repairs, restorations, and replacements by Tenant hereunder will be typically found in an office space environment quality and restore class equal to the Leased Premises original work or installations. If Tenant fails to their condition prior make repairs, restorations, or replacements within thirty (30) days after receipt of written notice from Landlord of the need therefor, Landlord may thereafter make them at the expense of Tenant and the expense will be collectible as additional rent to such alteration, reasonable wear and tear exceptedbe paid by Tenant within thirty (30) days after its receipt of a valid invoice therefor.

Appears in 1 contract

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

By Tenant. This Section 6.1 shall not apply to the Initial Tenant Improvement Work, which shall be governed exclusively by the Work Letter. Except as specifically set forth herein, Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned or delayeddelayed by Landlord, except as to plans and specifications for Prohibited Alterations (as defined below), the approval of which may be withheld by Landlord in its sole and absolute discretion. Without limiting the generality of the foregoingAs used herein, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to "Prohibited Alterations" mean any modificationalterations, alteration modifications or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely improvements which may affect the structure of the Building, any of the Building’s systems, the appearance structural components of the Building or the value Systems and Equipment or utility which can be seen from (or may adversely affect any area) outside the Premises. Landlord shall be deemed to have disapproved Tenant's proposed plans and specifications if neither Landlord's written approval or disapproval is delivered to Tenant within fifteen (15) days following Landlord's receipt of Tenant's written request for approval. Landlord's approval may state that it will require Tenant to remove the Leased Premisessubject alterations, modifications or improvements by the expiration or earlier termination of this Lease, in which event Tenant shall be obligated to remove the subject alterations, modifications or improvements by the expiration or earlier termination of this Lease. If Landlord does not state in its approval that removal will be required, Landlord shall be deemed to have elected to allow the subject alterations, modifications or improvements to remain on the Premises at the expiration or earlier termination of this Lease. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first reasonably approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such alterations or modifications or alterations or the construction of any such improvements until (ia) all required governmental approvals and permits shall have been obtained, (iib) all requirements regarding insurance imposed by this Lease have been satisfied, (iiic) Tenant shall have given Landlord at lease five least three (53) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (ivd) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9, and (e) if requested by Landlord and Tenant is no longer Xxxxxxxx & Company, require Tenant to obtain a payment and performance bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such alterations (other than PreApproved Alterations) and naming Landlord as a co-obligee. In no event shall Tenant make any modificationalterations, alterations modifications or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof floor or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consentPremises. Any core drilling that Tenant desires to perform in connection with any alterations, which modifications or improvements consented to by Landlord pursuant to this Section 6.1 shall not be unreasonably withheld, conditioned or delayedperformed during other than Normal Business Hours. As used in this ArticleArticle 6, the term “modifications"alterations, alterations and/or modifications or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoingPromptly after completion of any alterations, Tenant, without Landlord’s prior written consent (but subject modifications or improvements to the Premises, Tenant shall deliver to Landlord a reproducible copy of the "as built" drawings of the same, and if Landlord should request, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials used in the construction of such alterations, modifications or improvements. Tenant shall pay for all overhead, general conditions, fees and other terms costs and conditions expenses of this Article 6)any alterations, modifications or improvements to the Premises. All work performed by Tenant or any Tenant Party shall be permitted performed so as not to make alterations to interfere with (a) the Leased Premises which do not affect other tenants, occupants or users of the structure Building (including Landlord) or their use or occupancy of the Building or Common Areas, or (b) the Leased Premisesowners, do not affect tenants, occupants, or users of any neighboring properties. Tenant shall take all precautionary steps reasonably necessary to protect its property, equipment and facilities and the plumbingproperty, electricalequipment and facilities of others affected by any of the work or activities to be performed by Tenant or any Tenant Party, mechanical and shall make adequate provision for the safety and convenience of the tenants, occupants or other systems users of the Building (including Landlord). Notwithstanding the foregoing to the contrary, Landlord's prior consent shall not be required with respect to any interior alterations, modifications or improvements to the Premises (collectively, the "PreApproved Alterations") which (i) are not Prohibited Alterations, and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (aii) such alterations do not exceed cost less than seventy-five Thousand Dollars ($25,000 individually or $100,000 75,000.00) in the aggregate in each calendar yearduring any six (6) consecutive month period, so long as (bA) Tenant shall timely provide delivers to Landlord the notice required pursuant and copies of all permits and final plans, specifications and working drawings (if any) for any such alterations, modifications or improvements at least five (5) business days prior to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion commencement of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes madework thereof, and (dB) if requested by Landlord, Tenant shall, on or before complies with the expiration or earlier termination requirements of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition Section 6.1 (other than obtaining Landlord's prior to such alteration, reasonable wear and tear exceptedwritten consent).

Appears in 1 contract

Samples: Lease (Crawford & Co)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements to or within the Leased Premises without Landlord’s prior written approval, and then not until Landlord shall have first approved, in writing, the plans and specifications therefortherefore, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto)expense, using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good qualityquality that match or complement the original improvements existing as of the Lease Commencement Date. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord Landlord Initial Tenant Initial at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modificationmodifications, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls areas outside of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without As a part of granting Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted approval for Tenant to make alterations or modifications Landlord may require Tenant to increase the Leased Premises which do not affect amount of it’s Security Deposit to cover the structure cost of removing Tenant’s alterations or modifications and to restore the condition of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) to it’s prior condition. Tenant shall timely provide Landlord pay Landlord’s reasonable costs to inspect the notice required pursuant construction of Tenant’s alterations or modifications and to Paragraph 4.9 above, (c) Tenant shall provide have Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked ’s architect revise Landlord’s drawings to show construction changes made, and (d) if requested the work performed by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear exceptedTenant.

Appears in 1 contract

Samples: Virage Logic Corp

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not may be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, withheld in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises's sole discretion. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without such modifications have been approved in writing by Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s 's prior written consent (but subject to the other terms and conditions of this Article 6)consent, shall be permitted to make non-structural alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exteriorBuilding, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year10,000 individually, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the notify Landlord in writing within thirty (30) days of completion of the alteration, with alteration and deliver to Landlord a set of the plans and specifications therefor, either "as built" or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before upon Landlord's request, remove the expiration or earlier alteration at the termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment the Lease and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Webex Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any an improvements to or within the Leased Premises without Landlord s prior written approval, and then not until Landlord shall have first approved, in writing, the plans and specifications therefortherefore, which approval shall not be unreasonably withheld, conditioned withheld or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto)'s expense, using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-Landlord approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality(see attached). Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modificationmodifications, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls ,areas outside of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Acceptance Agreement (Asyst Technologies Inc /Ca/)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord's sole discretion, except that if Tenant's alterations, modifications, or improvements are generic (and not specialized) in nature and are generally reusable by other likely tenants of the Leased Premises in Landlord's reasonable opinion, then such approval shall not be unreasonably withheld, conditioned delayed or delayedconditioned. Without limiting the generality of the foregoing, Tenant acknowledges that it Tenant's written request shall be reasonable also contain a request for Landlord to withhold its consent elect whether or not it will require Tenant to any modificationremove the subject alterations, alteration modifications or improvement ifimprovements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant's removal obligations set forth in Landlord’s reasonable judgmentParagraph 2.6 above, such modificationLandlord shall be deemed to have made the election at the time the alterations, alteration modifications or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesimprovements were completed). All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, for any alteration or modification exceeding One Hundred Thousand Dollars ($100,000) in cost, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoingSubject to Tenant's repair and restoration obligations, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), Tenant shall be permitted entitled to make interior, non-structural alterations to the Leased Premises which do not affect the structure of the Building exceed either Seventy Thousand Dollars ($70,000) in cost per project or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: Two Hundred Fifty Thousand Dollars (a$250,000) such alterations do not exceed $25,000 individually or $100,000 in cost in the aggregate in each calendar yearaggregate, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide without obtaining Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition 's prior to such alteration, reasonable wear and tear exceptedwritten consent.

Appears in 1 contract

Samples: Lease (Macromedia Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned withheld or delayed. Without limiting Landlord's approval shall be deemed given if not denied by Landlord in a written notice to Tenant delivered within fifteen (15) days following receipt of Tenant's written request. Tenant's written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the generality subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant's removal obligations set forth in Section 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed). Notwithstanding the foregoing, in the event Tenant acknowledges that it exercises the First Expansion Option (as hereafter defined), Tenant shall have the right, at its sole cost and expense, subject to the prior written approval of Landlord (which approval shall not be reasonable for Landlord unreasonably withheld or delayed) to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of construct a covered open walkway between the Building or and the value or utility 1184 Building (as hereafter defined) and Tenant shall not be required to remove such walkway upon the termination of the Leased Premisesthis Lease. All such modifications, alterations or improvements, once so approvedapproved by Landlord, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.the

Appears in 1 contract

Samples: Lease (Juniper Networks Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefortherefore, which approval shall may not be unreasonably conditioned, delayed (which in this case shall mean beyond fifteen (15) business days), or withheld. Landlord's approval of Tenant's plans and specifications shall create no liability on the part of Landlord for their completeness, conditioned sufficiency, or delayedcompliance with Laws or Private Restrictions. Without limiting the generality of the foregoingTenant's written request shall also contain a request (in bold, Tenant acknowledges that it shall be reasonable all capital letters) for Landlord to withhold its consent elect whether or not it will require Tenant to any modificationremove the subject alterations, alteration modifications or improvement ifimprovements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant's removal obligations set forth in Landlord’s reasonable judgmentParagraph 2.6 above, such modificationLandlord shall be deemed to have made the election at the time the alterations, alteration modifications or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesimprovements were completed). All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.have

Appears in 1 contract

Samples: By And (Equinix Inc)

By Tenant. This provision refers to alterations made to the Leased Premises after Tenant’s initial occupancy of the Leased Premises. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned withheld or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it Landlord’s approval shall be reasonable deemed given if not denied by Landlord in a written notice to Tenant delivered within fifteen (15) days following receipt of Tenant’s written request. Tenant’s written request shall also contain a request for Landlord to withhold its consent elect whether or not it will require Tenant to any modificationremove the subject alterations, alteration modifications or improvement ifimprovements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Landlord’s reasonable judgmentSection 2.6 above, such modificationLandlord shall be deemed to have made the election at the time the alterations, alteration modifications or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesimprovements were completed). All such modifications, alterations or improvements, once so approvedapproved by Landlord, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five least fifteen (515) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without (except to the extent Tenant has obtained Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedapproval pursuant to Section 4.2). As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6)consent, shall be permitted to make non-structural alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exteriorBuilding, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year7,500 individually, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 aboverequired, (c) Tenant shall provide Landlord, promptly following the notify Landlord in writing within thirty (30) days of completion of the alteration, with alteration and deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before upon Landlord’s request, remove the expiration or earlier alteration at the termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment the Lease and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.. 6.2

Appears in 1 contract

Samples: Scientific Learning Corp

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not may be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, withheld in Landlord’s reasonable judgmentdiscretion. Tenant acknowledges and agrees that Tenant will be obligated to remove Non-Standard Improvements as defined in and if required pursuant to Paragraph 2.6 above; provided, such modificationhowever, alteration or improvement would adversely affect for the structure avoidance of the Buildingdoubt, Tenant shall not be required to remove any of the Building’s systems, Tenant Improvements to be governed by the appearance terms of the Building or the value or utility of the Leased PremisesWork Letter. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)in its reasonable discretion, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event Except as approved by Landlord as part of the Tenant Improvements to be constructed by Tenant in accordance with the terms of the Work Letter, Tenant shall Tenant not, without first obtaining Landlord’s prior written consent (which consent shall not be unreasonably withheld, delayed or conditioned), make any modification, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof roof, or exterior or load-bearing walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6)consent, shall be permitted to make non-structural alterations to the Leased Premises which do not affect the structure any portion of the Building or systems servicing both the Leased Premises and other portions of the Property and are not visible from outside the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 200,000 individually or $100,000 2,000,000 in the aggregate in each calendar yearover the Lease Term, (b) Tenant shall timely provide 99090796v.12 Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall have secured the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for such alterations, and shall provide Landlordcopies of such approvals and permits to Landlord prior to commencing any work with respect to such alterations, promptly following the (d) Tenant shall notify Landlord in writing within thirty (30) days of completion of the alteration, with alteration and deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (de) if requested by Landlord, Tenant shall, on or before the shall not remove any of such alterations upon Lease expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear exceptedtermination.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Guardant Health, Inc.)

By Tenant. Tenant shall not may, from time to time, at its expense, make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever in and to the Outside Areas or Premises (hereinafter collectively referred to as "Alterations") without acquiring the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exteriorLandlord in each instance, provided that: (a) such alterations do the Alterations are non-structural and the structural integrity of the building in which the Premises is located shall not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, be affected; (b) Tenant shall timely provide Landlord the notice required pursuant Alterations are to Paragraph 4.9 above, the interior of the Premises; (c) Tenant shall provide Landlord, promptly following the completion proper functioning of the alterationelectrical, with a set of mechanical, plumbing, HVAC or other systems servicing the plans and specifications therefor, either “as built” Premises is not impaired; or marked to show construction changes made, and (d) if requested the cost in each case does not exceed Ten Thousand and No/100 Dollars ($10,000.00) (the "Permitted Alterations"). For any other Alterations, Tenant shall be required to obtain the prior written consent of Landlord, which consent Landlord shall not unreasonably withhold, condition, or delay. If Tenant makes written request for any Alterations requiring Landlord's prior written consent, such request must be accompanied by a description of the proposed Alterations. If Landlord fails to deny consent to the proposed Alterations in writing accompanied by reasons for such denial within thirty (30) days of Tenant's request, then Landlord shall be deemed to have granted consent to the Alterations described. After obtaining Landlord's consent for any Alterations (either expressly or by inference), Tenant shall give Landlord at least five (5) days' prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. This provision shall apply to improvements made by Tenant at any time, including Tenant’s initial leasehold improvements and fixturing. No changes, alterations, or improvements affecting the exterior of the Premises shall be made by Tenant without the prior written approval of Landlord. Tenant also agrees to pay one hundred percent (100%) of any increase in the Real Estate Taxes or Landlord’s Personal Property Taxes resulting from such improvements. All alterations, decorations, additions and improvements made by Tenant, or made by Landlord on Tenant’s behalf as provided in this Lease, shall be the property of Landlord. Upon obtaining the prior written consent of Landlord, Tenant shallshall remove such alterations, on or before the expiration or earlier termination of this Leasedecorations, remove any such alteration that is not an improvement that would be typically found in an office space environment additions and improvements made by Tenant and restore the Leased Premises as provided in Section 8.5, and if Tenant fails to their condition prior to do so and moves from the Premises, all such alterationalterations, reasonable wear decorations, and tear exceptedadditions and improvements shall remain the property of Landlord.

Appears in 1 contract

Samples: Lease (Adma Biologics, Inc.)

By Tenant. If Tenant shall not make at any alterations to or modifications of the Leased Premises or construct time desires any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modificationschanges, alterations or improvementsadditions to the Approved Plans or Base Building Final Working Drawings with respect to any of BASE BUILDING WORK, once so approvedTenant shall submit a detailed written request to Landlord specifying such changes, alterations or additions (a "CHANGE ORDER"). Upon receipt of any such request, Landlord shall be made, constructed or installed by notify Tenant at Tenant’s expense within five (including all permit fees and governmental charges related thereto), using a licensed contractor first 5) business days of (A) whether the matters proposed in the Change Order are approved by Landlord (which approval shall not be unreasonably withheld, conditioned delayed or delayed)conditioned, in substantial compliance with the aforementioned and Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence the making of any 's failure to respond within such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibilityperiod shall be deemed Landlord's approval), and (ivB) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components 's estimate of the Building number of days of delay, if any, which shall be caused by such Change Order if implemented (including, without limitation, delays due to the need to obtain any cuts revised plans or penetrations in the floordrawings and any governmental approvals), roof or exterior walls and (C) Landlord's estimate of the Leased Premises unless otherwise provided herein without Landlord’s prior consentincrease or decrease, if any, which shall occur in the Cost of Improvement for the items or components affected by such Change Order if such Change Order is implemented (including, but not limited to, any costs of compliance with laws or governmental regulations that become applicable because of the requested Change Order). If Tenant notifies Landlord in writing, within five (5) business days after receipt of such notice, of Tenant's approval of the Change Order (including the estimated delays and cost increases or decreases, if any, described in the notice), then Landlord shall cause such Change Order to be unreasonably withheldimplemented and Tenant shall be responsible for all costs or cost increases, conditioned resulting from or delayed. As used in this Articleattributable to the Change Order, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions provisions of this Article 6)Section 4 hereof. If Tenant fails to notify Landlord in writing of its approval of such Change Order within said five (5) business day period, then such Change Order shall be permitted deemed to make alterations to the Leased Premises which do not affect the structure be withdrawn and shall be of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear exceptedno further effect.

Appears in 1 contract

Samples: Inhale Therapeutic Systems Inc

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned withheld or delayed. Without limiting Landlord's approval shall be deemed given if not denied by Landlord in a written notice to Tenant delivered within fifteen (15) days following receipt of Tenant's written request. Tenant's written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the generality subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant's removal obligations set forth in Section 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed). Notwithstanding the foregoing, Tenant acknowledges that it shall have the right, at its sole cost and expense, subject to the prior written approval of Landlord (which approval shall not be reasonable for Landlord unreasonably withheld or delayed) to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of construct a covered open walkway between the Building or and the value or utility 1194 Building and Tenant shall not be required to remove such walkway upon the termination of the Leased Premisesthis Lease. All such modifications, alterations or improvements, once so approvedapproved by Landlord, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without (except to the extent Tenant has obtained Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed's approval pursuant to Section 4.2). As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.lighting

Appears in 1 contract

Samples: Lease (Juniper Networks Inc)

By Tenant. This Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises Non-Standard Improvements until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not may be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, withheld in Landlord’s reasonable judgmentsole discretion as to modifications, such modificationalterations and/or improvements which affect the Building façade or structure, alteration or improvement would materially adversely affect the structure of the Building, any of the Building’s systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion. Landlord’s written approval shall, if applicable, also contain Landlord’s election to require Tenant to remove the appearance subject Non-Standard Improvements at the expiration or earlier termination of the Building or the value or utility of the Leased Premisesthis Lease, in which event Tenant shall be obligated to do so, subject to Paragraph 2.6 above. All such modifications, alterations or improvements, once so approved, improvements shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned withheld or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new (or reclaimed or recycled) materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, Building G alterations or improvements whatsoever to the Outside Common Areas or (except the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedExclusive Use Areas). As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6)consent, shall be permitted to make alterations to the Leased Premises which do are not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, Non-Standard Improvements provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice notices required pursuant to Paragraph 4.9 above, (cb) Tenant shall have secured the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for such alterations, and shall provide Landlordcopies of such approvals and permits to Landlord prior to commencing any work with respect to such alterations, promptly following (c) the cost of any such project does not exceed Two Hundred Thousand Dollars ($200,000) and not more than three (3) such projects are performed in any twelve (12) month period, and (d) Tenant shall notify Landlord in writing within thirty (30) days of completion of the alteration, with alteration and deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord. In addition, Tenant shall, on or before the expiration or earlier termination of this Lease, remove may perform any such alteration that is cabling and cosmetic alterations not an improvement that would be typically found in an office space environment and restore visible outside the Leased Premises to their condition without Landlord’s prior to such alteration, reasonable wear and tear exceptedapproval.

Appears in 1 contract

Samples: Disturbance Agreement (Palo Alto Networks Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion. Landlord reserves the right to require that Tenant remove any improvements or alterations installed by Tenant in the Leased Premises on or before the expiration or earlier termination of the Lease, and to require that Tenant restore the Leased Premises to the condition they were in prior to installation of such improvements or alterations. Tenant may request, by written notice to Landlord at the time of such installation or alteration, Landlord’s waiver of such requirement, which may be withheld or conditioned in Landlord’s sole discretion. However, Tenant shall not be unreasonably withheld, conditioned required to remove any improvements or delayed. Without limiting the generality of the foregoing, Tenant acknowledges alterations that it shall be reasonable are for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesfirst class general office use. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned withheld or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof roof, or exterior or load-bearing walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedother than in connection with the installation of typical office equipment and furniture. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenantbut shall not include any cosmetic improvement (i.e. carpeting, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises painting) for which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that no approval is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear exceptedrequired.

Appears in 1 contract

Samples: Lease (Threshold Pharmaceuticals Inc)

By Tenant. This Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises Non-Standard Office Improvements until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not may be unreasonably withheldwithheld in Landlord’s sole discretion as to Non-Standard Office Improvements which affect the Building façade, conditioned structure, or delayed. Without limiting the generality of the foregoingsystems, Tenant acknowledges that it shall and otherwise such approval may be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, withheld in Landlord’s reasonable judgmentdiscretion. Landlord’s written approval shall, such modificationif applicable, alteration also contain Landlord’s election to require Tenant to remove the subject Non-Standard Office Improvements at the expiration or improvement would adversely affect the structure earlier termination of the Buildingthis Lease, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesin which event Tenant shall be obligated to do so. All such modifications, alterations or improvements, once so approved, improvements shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned withheld or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Common Areas or (except the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedExclusive Use Common Areas). As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6)consent, shall be permitted to make alterations to the Leased Premises which do are not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, Non-Standard Office Improvements provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice notices required pursuant to Paragraph 4.9 above, (b) Tenant shall have secured the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for such alterations, and shall provide copies of such approvals and permits to Landlord prior to commencing any work with respect to such alterations, and (c) Tenant shall provide Landlord, promptly following the notify Landlord in writing within thirty (30) days of completion of the alteration, with alteration and deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Aruba Networks, Inc.)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall may not be unreasonably withheld, conditioned or delayedwithheld by Landlord. Without limiting the generality of the foregoing, Tenant acknowledges that it Tenant’s written request shall be reasonable also contain a request for Landlord to withhold its consent elect whether or not it will require Tenant to any modificationremove the subject alterations, alteration modifications or improvement ifimprovements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Landlord’s reasonable judgmentParagraph 2.6 above, such modificationLandlord shall be deemed to have made the election at the time the alterations, alteration modifications or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesimprovements were completed). All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise Premises, except as specifically provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedin this Lease. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Sublease (Atheros Communications Inc)

By Tenant. Except for non-structural alterations not exceeding the sum of Twenty Five Thousand Dollars ($25,000.00) per work of alteration, Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements to or within the Leased Premises without Landlord's prior written approval, and then not until Landlord shall have first approved, approved in writing, the plans and specifications therefortherefore, which approval shall not be unreasonably withheld, conditioned withheld or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto)'s expense, using a licensed contractor first reasonably approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken under taken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent contingency liability and broad form builder’s 's risk insurance in an amount reasonably satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedParagraph 11 hereof. As used in this ArticleParagraph, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting lighting, fixtures, drains, sinks, partitions, partition doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease Agreement (Tessera Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements to or within the Leased Premises without Landlord's prior written approval, and then not until Landlord shall have first approved, in writing, the plans and specifications therefortherefore, which approval shall not be unreasonably withheld. Tenant may, conditioned or delayed. Without limiting the generality of the foregoinghowever, Tenant acknowledges that it shall be reasonable for Landlord to withhold its make nonstructural alterations without Landlord's consent to the extent the cost of any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesparticular project is less than twenty-five thousand dollars ($25,000). All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto)'s expense, using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good qualityquality that match or complement the original improvements existing as of the Lease Commencement Date. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modificationmodifications, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls areas outside of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Tenant shall pay Landlord's reasonable costs to inspect the construction of Tenant's alterations or modifications and to have Landlord's architect revise Landlord's drawings to show the work performed by Tenant. Notwithstanding the foregoingabove provisions, Tenanthowever, without Landlord’s prior written consent (but subject to the other terms Landlord and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure Tenant acknowledge that as a part of the Building or consideration of Tenant and Landlord having entered into this Lease Agreement, that Tenant intends to modify the interior of the Leased Premises. By the terms of Exhibit "C" hereof, do not affect the plumbing, electrical, mechanical or other systems Landlord agrees to reimburse Tenant for a portion of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 expense in the aggregate in each calendar year, modification of said interior (b) the "Initial Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear exceptedImprovements").

Appears in 1 contract

Samples: Va Linux Systems Inc

By Tenant. Tenant shall not make any alterations no alterations, additions, or improvements to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without obtaining Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed, except for interior, nonstructural alterations of a decorative nature that do not exceed more than Two Dollars ($2.00) per rentable square foot of the Leased Premises in the aggregate. As used in this Articlea condition to performing such alterations, whether or not requiring Landlord’s consent, Landlord may require Tenant to provide Landlord with all plans and specifications for the term “modificationsproposed alterations and with all agreements with proposed contractors and subcontractors. Upon completion of any alterations requiring Landlord’s consent hereunder, alterations and/or improvements” Tenant shall include, without limitation, pay to Landlord an amount equal to the installation lesser of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways(i) five percent (5%) of the total cost of such alterations, or the like. Notwithstanding the foregoing, Tenant, without (ii) Landlord’s prior written consent construction manager’s fee in reviewing and inspecting such alterations (but subject to the other terms and conditions of this Article 6such construction manager’s rate is $100.00 per hour), to reimburse Landlord for review of all plans and specifications and final inspection of the work. All such alterations, additions, and improvements shall be permitted at Tenant’s sole expense and shall be performed by qualified contractors and subcontractors (Tenant shall submit the names of such contractors and subcontractors to make Landlord prior to performing any alterations or additions). Tenant shall indemnify Landlord against the imposition of mechanics’ or materialmen’s liens resulting from work performed by Tenant’s contractors. All improvements, additions, and alterations to the Leased Premises which do not affect (except trade fixtures) shall become the structure property of Landlord and shall be surrendered up to Landlord upon the Building or expiration of this Lease unless otherwise agreed by Landlord and Tenant. Landlord acknowledges that all conveyors, trade fixtures and warehousing equipment and racking are the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems property of the Building and do not affect the appearance of Tenant. Prior to Tenant performing any alterations to the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed in excess of $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with 20,000.00 for which a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would lien could be typically found in an office space environment and restore filed against the Leased Premises to their condition prior to such alterationor the Property, reasonable wear Tenant shall have its contractor execute and tear exceptedfile in the appropriate public office a Waiver of Mechanics’ Lien, in statutory form and provide Landlord with an original copy thereof.

Appears in 1 contract

Samples: Agreement of Sale (Lenox Group Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion. Tenant’s written request shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable also contain a request for Landlord to withhold its consent elect whether or not it will require Tenant to any modificationremove the subject alterations, alteration modifications or improvement ifimprovements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Landlord’s reasonable judgmentParagraph 2.6 above, such modificationLandlord shall be deemed to have made the election at the time the alterations, alteration modifications or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesimprovements were completed). All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof roof, or exterior or load-bearing walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Short Term Lease (Echelon Corp)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-Landlord approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days days' prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modificationmodifications, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject anything to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure contrary in Section 4.2 or Section 6.1 of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.Lease Form:

Appears in 1 contract

Samples: Avant Corp

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements to or within the Leased Premises without Landlord's prior written approval, and then not until Landlord shall have first approved, in writing, the plans and specifications therefortherefore, which approval shall not nor be unreasonably withheld. Tenant may, conditioned or delayed. Without limiting the generality of the foregoinghowever, Tenant acknowledges that it shall be reasonable for Landlord to withhold its make nonstructural alterations without Landlord's consent to the extent the cost of any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesparticular project is less than twenty-five thousand dollars($25.000). All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto)'s expense, using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good qualityquality that match or complement the original improvements existing as of the Lease Commencement Date. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease or least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modificationmodifications, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls areas outside of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Tenant shall pay Landlord's reasonable costs to inspect the construction of Tenant's alterations or modifications and to have Landlord's architect revise Landlord's drawings to show the work performed by Tenant. Notwithstanding the foregoingabove provisions, Tenanthowever, without Landlord’s prior written consent (but subject to the other terms Landlord and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure Tenant acknowledge that as a part of the Building or consideration for Tenant and Landlord having entered into this Lease Agreement, that Tenant intends to modify the interior of the Leased Premises. By the terms of Exhibit "C" hereof, do not affect the plumbing, electrical, mechanical or other systems Landlord agrees to reimburse Tenant for a portion of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 expense in the aggregate in each calendar year, modification of said interior (b) the "Initial Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear exceptedImprovements").

Appears in 1 contract

Samples: Sublease (Va Software Corp)

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By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not may be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, withheld in Landlord’s reasonable judgmentdiscretion. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such modificationadditional request is not included, alteration Landlord may make such election at the expiration or improvement would adversely affect earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the structure of election at the Buildingtime the alterations, any of the Building’s systems, the appearance of the Building modifications or the value or utility of the Leased Premisesimprovements were completed). All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6)consent, shall be permitted to make non-structural alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exteriorBuilding, provided that: (a) such alterations do not exceed $25,000 20,000 individually or $100,000 in the aggregate in each calendar yearover the Lease Term, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the notify Landlord in writing within thirty (30) days of completion of the alteration, with alteration and deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before upon Landlord’s request, remove the expiration or earlier alteration at the termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment the Lease and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Allion Healthcare Inc)

By Tenant. Tenant shall be entitled to make improvements, alterations or modifications (collectively, "Alterations") to the Removable Tenant Improvements without Landlord's consent, provided that: (1) Tenant shall notify Landlord and provide copies of plans and specifications for an Alteration no less than ten (10) days prior to commencing such Alteration, (2) Tenant shall notify Landlord in writing within thirty (30) days of completion of the Alteration and deliver to Landlord a set of the plans and specifications therefor, either "as built" or marked to show construction changes made, (3) Tenant shall remove the Alteration at the termination of the Lease and repair any damage to the Leased Premises caused by their removal, and (4) no such Alteration shall impact or otherwise affect the exterior or structural components of the Buildings. Subject to Paragraph 6.1(a), Tenant shall not make any alterations Alterations to or modifications of the Leased Premises or construct any improvements within Property (other than to the Leased Premises Removable Tenant Improvements) until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord's reasonable discretion. Tenant's written request shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable also contain a request for Landlord to withhold its consent elect whether or not it will require Tenant to remove the subject Alteration at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant's removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the election at the time the Alteration was completed). In no event shall Tenant be allowed make any modification, alteration Alteration that will impact or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely otherwise affect the structure exterior or structural components of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased PremisesBuildings. All such modifications, alterations or improvementsAlterations, once so approvedapproved (if approval is required pursuant to the terms hereof), shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements Alterations until (i1) all required governmental approvals and permits shall have been obtained, (ii2) all requirements regarding insurance imposed by this Lease have been satisfied, (iii3) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv4) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Cell Genesys Inc)

By Tenant. This provision refers to alterations made to the Leased Premises after Tenant's initial occupancy of the Leased Premises, and does not pertain to the construction of the Improvements, which is governed by the attached Work Letter. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned withheld or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it Landlord's approval shall be reasonable deemed given if not denied by Landlord in a written notice to Tenant delivered within fifteen (15) days following receipt of Tenant's written request. Tenant's written request shall also contain a request for Landlord to withhold its consent elect whether or not it will require Tenant to any modificationremove the subject alterations, alteration modifications or improvement ifimprovements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant's removal obligations set forth in Landlord’s reasonable judgmentSection 2.6 above, such modificationLandlord shall be deemed to have made the election at the time the alterations, alteration modifications or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesimprovements were completed). All such modifications, alterations or improvements, once so approvedapproved by Landlord, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five least fifteen (515) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without (except to the extent Tenant has obtained Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed's approval pursuant to Section 4.2). As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s 's prior written consent (but subject to the other terms and conditions of this Article 6)consent, shall be permitted to make non-structural alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exteriorBuilding, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year7,500 individually, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 aboverequired, (c) Tenant shall provide Landlord, promptly following the notify Landlord in writing within thirty (30) days of completion of the alteration, with alteration and deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.and

Appears in 1 contract

Samples: Lease (Scientific Learning Corp)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any an improvements to or within the Leased Premises without Landlord s prior written approval, and then not until Landlord shall have first approved, in writing, the plans and specifications therefortherefore, which approval shall not be unreasonably withheld, conditioned withheld or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto)'s expense, using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality(see attached). Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file the notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modificationmodifications, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls ,areas outside of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Acceptance Agreement (Asyst Technologies Inc /Ca/)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned withheld or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it Landlord's approval shall be reasonable deemed given if not denied by Landlord in a written notice to Tenant delivered within fifteen (15) days following receipt of Tenant's written request. Tenant's written request shall also contain a request for Landlord to withhold its consent elect whether or not it will require Tenant to any modificationremove the subject alterations, alteration modifications or improvement ifimprovements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant's removal obligations set forth in Landlord’s reasonable judgmentSection 2.6 above, such modificationLandlord shall be deemed to have made the election at the time the alterations, alteration modifications or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesimprovements were completed). All such modifications, alterations or improvements, once so approvedapproved by Landlord, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without (except to the extent Tenant has obtained Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed's approval pursuant to Section 4.2). As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s 's prior written consent (but subject to the other terms and conditions of this Article 6)consent, shall be permitted to make non-structural alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exteriorBuilding, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year20,000 individually, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the notify Landlord in writing within thirty (30) days of completion of the alteration, with alteration and deliver to Landlord a set of the plans and specifications therefor, either "as built" or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before upon Landlord's request, remove the expiration or earlier alteration at the termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment the Lease and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Juniper Networks Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements to or within the Leased Premises without Landlord's prior written approval, and then not until Landlord shall have first approved, in writing, the plans and specifications therefortherefore, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto)'s expense, using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good qualityquality that match or complement the original improvements existing as of the Lease Commencement Date. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modificationmodifications, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls areas outside of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without As a part of granting Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted 's approval for Tenant to make alterations or modifications Landlord may require Tenant to increase the Leased Premises which do not affect amount of its Security Deposit to cover the structure cost of removing Tenant's alterations or modifications and to restore the condition of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) to its prior condition. Tenant shall timely provide Landlord pay Landlord's reasonable costs to inspect the notice required pursuant construction of Tenant's alterations or modifications and to Paragraph 4.9 above, (c) Tenant shall provide have Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked 's architect revise Landlord's drawings to show construction changes made, and (d) if requested the work performed by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear exceptedTenant.

Appears in 1 contract

Samples: Virage Logic Corp

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall may not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it Tenant’s written request shall be reasonable also contain a request for Landlord to withhold its consent elect whether or not it will require Tenant to any modificationremove the subject alterations, alteration modifications or improvement ifimprovements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Landlord’s reasonable judgmentParagraph 2.6 above, such modificationLandlord shall be deemed to have made the election at the time the alterations, alteration modifications or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesimprovements were completed). All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first reasonably approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior or load bearing walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this ArticleArticle 6, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease Agreement (Biolase, Inc)

By Tenant. Tenant shall not make any alterations alterations, modifications or construction of improvement to or modifications in or about the Premises (“Alterations”) of the Leased Premises or construct any improvements within the Leased Premises without Landlord's prior written approval, and then not until Landlord shall have first approved, approved in writing, writing the plans and specifications therefor, which approval shall thereof. All materials are subject to Xxxxxxxx’s approval. Landlord has the right to reject any materials not be unreasonably withheld, conditioned or delayed. Without limiting consistent with other units within the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvementsAlterations, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto)'s expense, using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), in substantial writing in strict compliance with the aforementioned Landlord-approved plans and specifications thereforethereof. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements Alterations until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices Notices of nonNon-responsibilityResponsibility, and (iv) if requested by Landlord, Tenant and/or its contractor shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 99 and Tenant shall provide Landlord with proof that its contractor has such insurance as Landlord may reasonably require. In no event shall Tenant make any modificationmodifications, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components any areas outside of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” Alterations shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding In the foregoing, Tenant, without event that Tenant receives Landlord’s 's prior written consent approval to commence any Alterations, which approval or disapproval shall be in Landlord's sole and subjective discretion, then, as a condition precedent to Tenant's commencing such Alterations, Tenant shall submit to Landlord the following items: (but subject i) all architectural, engineering, construction and/or design drawings, plans specifications, studies, reports, bids and other material of every kind relating to the other terms Alterations (the Plans and conditions Specifications); (ii) an original signed copy of this Article 6)the contract between Tenant and any and all contractors, shall be permitted to make alterations subcontractors, materialmen or suppliers together with copies of any and all subcontracts and supply contacts relating to the Leased Premises which do not affect Alterations; (iii) an executed indemnification from Tenant’s contractor in a form reasonably acceptable to Landlord (iv) originally signed lien waivers from all subcontractors and materialmen or suppliers for all work done and/or material supplied in connection with the structure Alterations and (v) an originally signed general release of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed liens from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 Xxxxxx's general contractor in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant a form acceptable to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the . Upon completion of the alterationAlterations, with Tenant shall submit to Landlord: (i) a set of the plans and specifications thereforcertification from Tenant's general contractor and, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shallfrom Tenant's architect, on or before certifying that each has inspected the expiration or earlier termination of this Lease, remove any such alteration that is Premises not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition more than five (5) days prior to such alterationthe date of the certification and that the Alterations have been constructed in good and workmanlike manner and in substantial accordance with the Plans and Specifications and with the requirements of the governmental authorities having jurisdiction or control over same, reasonable wear and tear exceptedthat all materials for which payment has been made by Tenant have been delivered to and have been incorporated into the Premises; and (ii) final unconditional certificate(s) of occupancy, or the equivalent issued by the applicable governmental authority.

Appears in 1 contract

Samples: Industrial Space Lease

By Tenant. This Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not may be unreasonably withheldwithheld in Landlord’s sole discretion as to alterations, conditioned modifications, and improvements which affect the Building structure or delayed. Without limiting the generality of the foregoingmaterially affect Building systems, Tenant acknowledges that it shall and otherwise such approval may be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, withheld in Landlord’s reasonable judgmentdiscretion; provided, such modificationhowever, alteration or improvement would that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) business days’ prior written notice to Landlord, may make “Non-Consent Alterations,” defined herein to mean alterations (including removal and rearrangement of prior alterations) which (a) do not adversely affect the structure any systems or equipment of the Building, any of the Building’s systems, the appearance of the Building 3 or the value Property, (b) do not involve or utility affect the structural integrity or any structural components of Building 3, (c) do not require a building permit, (d) do not involve the Leased Premisesexpenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term of this Lease. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, Building 3 modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed); provided, however, with respect to Tenant’s initial alterations and improvements to be made pursuant to and in accordance with the Work Letter, Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at the time such work is approved, even if Tenant does not make the foregoing written request. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building 3 including, without limitation, any cuts or penetrations in the floor, roof roof, or exterior or load-bearing walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: By And (Kodiak Sciences Inc.)

By Tenant. This Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not may be unreasonably withheldwithheld in Landlord’s sole discretion as to alterations, conditioned modifications, and improvements which affect the Building structure or delayed. Without limiting the generality of the foregoingmaterially affect Building systems, Tenant acknowledges that it shall and otherwise such approval may be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, withheld in Landlord’s reasonable judgmentdiscretion; provided, such modificationhowever, alteration or improvement would that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) business days’ prior written notice to Landlord, may make “Non-Consent Alterations,” defined herein to mean alterations (including removal and rearrangement of prior alterations) which (a) do not adversely affect the structure any systems or equipment of the Building, any of the Building’s systems, the appearance of the Building 4 or the value Property, (b) do not involve or utility affect the structural integrity or any structural components of Building 4, (c) do not require a building permit, (d) do not involve the Leased Premisesexpenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term of this Lease. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed); provided, however, with respect to Tenant’s initial alterations and improvements to be made pursuant to and in accordance with the Work Letter, Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at the time such work is approved, even if Tenant does not make the foregoing written request. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building 4 including, without limitation, any cuts or penetrations in the floor, roof roof, or exterior or load-bearing walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Kodiak Sciences Inc.)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not may be unreasonably withheld, conditioned or delayedwithheld in Landlord's reasonable discretion. Without limiting the generality of the foregoing, Tenant acknowledges that it Landlord's approval shall be reasonable deemed given if not denied by Landlord in a written notice to Tenant delivered within fifteen (15) days following receipt of Tenant's written request. Tenant's written request shall also contain a request for Landlord to withhold its consent elect whether or not it will require Tenant to any modificationremove the subject alterations, alteration modifications or improvement ifimprovements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant's removal obligations set forth in Landlord’s reasonable judgmentSection 2.6 above, such modificationLandlord shall be deemed to have made the election at the time the alterations, alteration modifications or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesimprovements were completed). All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s 's prior written consent (but subject to the other terms and conditions of this Article 6)consent, shall be permitted to make non-structural alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exteriorBuilding, provided that: (a) such alterations do not exceed $25,000 50,000 individually or $100,000 200,000 in the aggregate in each calendar yearaggregate, (b) Tenant shall timely provide Landlord the notice required pursuant no less than ten (10) days prior to Paragraph 4.9 abovecommencing such alterations , (c) Tenant shall provide Landlord, promptly following the notify Landlord in writing within thirty (30) days of completion of the alteration, with alteration and deliver to Landlord a set of the plans and specifications therefor, either "as built" or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before upon Landlord's request, remove the expiration or earlier alteration at the termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment the Lease and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Redback Networks Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements to or within the Leased Premises without Landlord’s prior written approval, which approval shall not be unreasonably withheld, and then not until Landlord shall have first approved, in writing, the plans and specifications therefortherefore, which approval shall not be unreasonably withheld, conditioned or delayeddelayed (the “Alterations”). Without limiting the generality of Notwithstanding the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheldrequired with respect to non-structural Alterations to the Leased Premises, conditioned or delayed)which non-structural Alterations do not exceed, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforeaggregate, Fifty Thousand Dollars ($50,000). All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good qualityquality that match or complement the original improvements existing as of the Lease Commencement Date. Tenant shall not commence the making of any such modifications or alterations Alterations or the construction of any such improvements Alterations until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modificationmodifications, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls areas outside of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Industrial Space Lease (Asyst Technologies Inc)

By Tenant. This Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion as to alterations, modifications, and improvements which affect the Building 2 structure or materially affect the Building 2 systems, and otherwise such approval shall not be unreasonably withheld, conditioned or delayed. Without limiting In the generality of event Landlord fails to respond to any such request within ten (10) days, then Tenant may resubmit the foregoingrequest to Landlord with a cover letter stating “LANDLORD’S FAILURE TO RESPOND WITHIN FIVE (5) BUSINESS DAYS SHALL RESULT IN THE DEEMED CONSENT TO SUCH ALTERATION” in all capital letters and in bold face type. In the event Landlord thereafter fails to respond to such second request by the date which is five (5) business days following the second notice, Tenant acknowledges that it then Landlord shall be reasonable deemed to have approved such alterations and to have waived its right to require such Alteration to be removed upon the expiration or earlier termination of this Lease. Tenant’s written request shall also contain a request for Landlord to withhold its consent identify any Non-Standard Office Improvements and elect whether or not it will require Tenant to any modificationremove such Non-Standard Office Improvements at the expiration or earlier termination of this Lease. If such additional request is not included by Tenant, alteration Landlord may make such election at the expiration or improvement ifearlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed). As used herein, “Non-Standard Office Improvements” shall mean alterations, modifications, and improvements that (i) affect the Building 2 structure, (ii) are other than typical leasehold improvements for office tenants in Building 2 or in buildings similar to Building 2 in the area in which the Property is located, or (iii) in Landlord’s reasonable judgmentjudgment would materially increase Landlord’s cost of preparing the Premises for another tenant (such as, such modificationwithout limitation, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesinterior staircases). All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6)consent, shall be permitted to make non-structural alterations to the Leased Premises which do not affect the structure of the Building or systems and are not visible from outside the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: that (a) such alterations do not exceed $25,000 100,000 individually or $100,000 in the aggregate in each calendar yeara series of related projects, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall have secured the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for such alterations, and shall provide Landlordcopies of such approvals and permits to Landlord prior to commencing any work with respect to such alterations, promptly following the and (d) Tenant shall notify Landlord in writing within thirty (30) days of completion of the alteration, with alteration and deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested ; such alterations complying with the foregoing conditions need not be removed by Landlord, Tenant shall, on or before at the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear exceptedLease Term.

Appears in 1 contract

Samples: By and Between (Applovin Corp)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises the cost of which exceeds $10,000 until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall will not be unreasonably withheld, conditioned withheld or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it Landlord's approval shall be reasonable deemed given if not denied by Landlord in a written notice to Tenant delivered within fifteen (15) days following receipt of Tenant's written request. Tenant's written request shall also contain a request for Landlord to withhold its consent elect whether or not it will require Tenant to any modificationremove the subject alterations, alteration modifications or improvement ifimprovements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant's removal obligations set forth in Landlord’s reasonable judgmentSection 2.6 above, such modificationLandlord shall be deemed to have made the election at the time the alterations, alteration modifications or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesimprovements were completed). All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first reasonably approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Aviron

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not may be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, withheld in Landlord’s 's sole but reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesdiscretion. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned withheld or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.the

Appears in 1 contract

Samples: Simplex Solutions Inc

By Tenant. Tenant shall not keep the Premises in good, clean and habitable condition and shall at its sole cost and expense keep the same free of dirt, rubbish, ice or snow, insects, rodents, vermin and other pests and make any alterations all needed repairs and replacements, including replacement of cracked or broken glass, except for repairs and replacements required to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned or delayedmade by Landlord. Without limiting the generality coverage of the foregoingprevious sentence, Tenant acknowledges but subject to the limitation set forth in the following sentence, it is understood that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees responsibilities therein include the repair and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done replacement in accordance with all applicable Laws of all lighting, heating, air conditioning, plumbing and other electrical, mechanical and electromotive installation, equipment and fixtures and also include all utility repairs in ducts, conduits, pipes and wiring, and any sewer stoppage located in, under and above the Premises, regardless of when or how the defect or other cause for repair or replacement occurred or became apparent. All repairs by Tenant shall conform, at a good minimum, to the Building Standards attached hereto as Exhibit K, as the same may be modified by Landlord from time to time. All contractors and workmanlike manner using materials subcontractors shall be subject to Landlord’s written approval in accordance with Section 8(b)(iii). If any repairs required to be made by Tenant hereunder are not made or commenced within ten (10) days after written notice delivered to Tenant by Landlord (such time period not being subject to the notice and cure provisions of good qualitySection 17(f)), Landlord may at its option make such repairs without liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs, unless caused by the gross negligence or willful misconduct of Landlord, its employees, agents or contractors. Tenant shall pay to Landlord upon demand as Rent hereunder, the cost of such repairs plus interest at the Default Rate, such interest to accrue continuously from the date of payment by Landlord until repayment by Tenant. Notwithstanding the foregoing, Landlord shall have the right to make such repairs without notice to Tenant in the event of an emergency, or if such repairs relate to the exterior of the Premises. At the expiration of this Lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear and casualties not commence required to be repaired by Tenant. If Landlord elects to store any personal property of Tenant, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, same shall be stored at the making sole risk of Tenant. Unless caused by the gross negligence or willful misconduct of Landlord, its employees, agents or contractors, Landlord and its agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Complex or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such modifications tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of moisture and on good housekeeping and ventilation practices. Tenant acknowledges the necessity of housekeeping, ventilation, and moisture control (especially in kitchens, janitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention. In signing this Lease, Tenant has first inspected the Premises and certifies that it has not observed mold, mildew or alterations or moisture within the construction Premises. Tenant agrees to promptly notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to evaluate and make recommendations and/or take appropriate corrective action. TENANT RELIEVES LANDLORD FROM ANY LIABILITY FOR ANY BODILY INJURY OR DAMAGES TO PROPERTY CAUSED BY OR ASSOCIATED WITH MOISTURE OR THE GROWTH OF OR OCCURRENCE OF MOLD OR MILDEW ON THE PREMISES, UNLESS SAME IS IN EXISTENCE ON THE DATE OF THIS LEASE OR IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD, ITS EMPLOYEES, AGENTS OR CONTRACTORS. In addition, execution of this Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations. Notwithstanding Tenant’s repair and maintenance obligations pursuant to this Section 8(b)(ii), if any item of Tenant’s repair and maintenance obligations set forth herein involves a capital repair, replacement, improvement and/or equipment under generally accepted accounting principles consistently applied (“Tenant Repair Capital Item”), Tenant shall provide written notice thereof to Landlord. Landlord shall, pursuant to the receipt of such improvements until notice from Tenant, make such Tenant Repair Capital Item, and following completion thereof, provide Tenant with written notice of (i) all required governmental approvals and permits shall have been obtainedthe total cost of such Tenant Repair Capital Item (“Tenant Repair Capital Item Cost”), (ii) all requirements regarding insurance imposed by this Lease have been satisfiedthe estimated useful life of such Tenant Repair Capital Item per generally accepted accounting principles consistently applied (“Useful Life”), (iii) the amortization of such Tenant shall have given Landlord Repair Capital Item Cost over such Useful Life at lease five an interest rate equal to the “prime rate” as announced from time to time by Bank of America, N.A., plus one percent (51%) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibilityper annum, and (iv) if requested the monthly amount due and payable by LandlordTenant to reimburse Landlord for that portion of the amortized Tenant Repair Capital Item Cost applicable to the remainder of the Lease Term, which monthly amount shall be paid by Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to concurrently with the proposed work not covered by insurance carried payment by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components Landlord of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear exceptedmonthly Base Rent.

Appears in 1 contract

Samples: Lease Agreement (Ultragenyx Pharmaceutical Inc.)

By Tenant. Tenant shall not make any alterations alterations, modifications or construction of improvement to or modifications in or about the Premises (“Alterations”) of the Leased Premises or construct any improvements within the Leased Premises without Landlord's prior written approval, and then not until Landlord shall have first approved, approved in writing, writing the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesthereof. All such modifications, alterations or improvementsAlterations, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto)'s expense, using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), in substantial writing in strict compliance with the aforementioned Landlord-approved plans and specifications thereforethereof. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements Alterations until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices Notices of non-responsibilityNon- Responsibility, and (iv) if requested by Landlord, Tenant and/or its contractor shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 99 and Tenant shall provide Landlord with proof that its contractor has such insurance as Landlord may reasonably require. In no event shall Tenant make any modificationmodifications, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components any areas outside of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” Alterations shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding In the foregoing, Tenant, without event that Tenant receives Landlord’s 's prior written consent approval to commence any Alterations, which approval or disapproval shall be in Landlord's sole and subjective discretion, then, as a condition precedent to Tenant's commencing such Alterations, Tenant shall submit to Landlord the following items: (but subject i) all architectural, engineering, construction and/or design drawings, plans specifications, studies, reports, bids and other material of every kind relating to the other terms Alterations (the Plans and conditions Specifications); (ii) an original signed copy of this Article 6)the contract between Tenant and any and all contractors, shall be permitted to make alterations subcontractors, materialmen or suppliers together with copies of any and all subcontracts and supply contacts relating to the Leased Premises which do not affect Alterations; (iii) an executed indemnification from Tenant’s contractor in a form reasonably acceptable to Landlord (iv) originally signed lien waivers from all subcontractors and materialmen or suppliers for all work done and/or material supplied in connection with the structure Alterations and (v) an originally signed general release of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed liens from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 Tenant's general contractor in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant a form acceptable to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the . Upon completion of the alterationAlterations, with Tenant shall submit to Landlord: (i) a set of the plans and specifications thereforcertification from Tenant's general contractor and, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shallfrom Tenant's architect, on or before certifying that each has inspected the expiration or earlier termination of this Lease, remove any such alteration that is Premises not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition more than five (5) days prior to such alterationthe date of the certification and that the Alterations have been constructed in good and workmanlike manner and in substantial accordance with the Plans and Specifications and with the requirements of the governmental authorities having jurisdiction or control over same, reasonable wear and tear exceptedthat all materials for which payment has been made by Tenant have been delivered to and have been incorporated into the Premises; and (ii) final unconditional certificate(s) of occupancy, or the equivalent issued by the applicable governmental authority.

Appears in 1 contract

Samples: Industrial Space Lease (SOS Hydration Inc.)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements to or within the Leased Premises without Landlord’s prior written approval, and then not until Landlord shall have first approved, in writing, the plans and specifications therefortherefore, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto)expense, using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good qualityquality that match or complement the original improvements existing as of the Lease Commencement Date. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modificationmodifications, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls areas outside of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without As a part of granting Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted approval for Tenant to make alterations or modifications Landlord may require Tenant to increase the Leased Premises which do not affect amount of it’s Security Deposit to cover the structure cost of removing Tenant’s alterations or modifications and to restore the condition of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) to it’s prior condition. Tenant shall timely provide Landlord pay Landlord’s reasonable costs to inspect the notice required pursuant construction of Tenant’s alterations or modifications and to Paragraph 4.9 above, (c) Tenant shall provide have Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked ’s architect revise Landlord’s drawings to show construction changes made, and (d) if requested the work performed by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear exceptedTenant.

Appears in 1 contract

Samples: Acceptance Agreement (ArcSoft, Inc.)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not may be unreasonably withheldwithheld in Landlord’s sole discretion as to alterations, conditioned modifications, and improvements which affect the Building façade, structure, or delayed. Without limiting the generality of the foregoingsystems, Tenant acknowledges that it shall or are specialized in nature or inconsistent with general office/research and development uses, and otherwise such approval may be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, withheld in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesdiscretion. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (Landlord, which approval shall not be unreasonably withheld, conditioned withheld or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new (or reclaimed or recycled) materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof roof, or exterior or load-bearing walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: By and Between (Palo Alto Networks Inc)

By Tenant. This Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Except for Permitted Alterations (as hereinafter defined), Tenant shall not make any alterations to or modifications of the Leased Premises or the Property, or construct any improvements within the Leased Premises or Tenant’s exclusive use areas of the Property until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion as to alterations, modifications, and improvements which affect the Building structure or materially affect Building systems, and otherwise such approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it Tenant’s written request shall be reasonable also contain a request for Landlord to withhold its elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at least sixty (60) days prior to the expiration, or ten (10) days after the earlier termination, of this Lease. If and only if, Landlord shall have notified Tenant in writing at the time Landlord provided consent to any modificationmodifications, alteration alterations or improvement ifimprovements to be made by Tenant, in Landlord’s reasonable judgmentthat they would have to be removed, Tenant shall, upon the expiration or sooner termination of this Lease, remove any such modificationmodifications, alteration alterations or improvement would adversely affect improvements constructed or installed by Tenant (“Required Removables”) and repair all damage caused by such removal. For the structure avoidance of doubt, under no circumstance shall Tenant be required to remove or restore (or pay for any removal or restoration of) the Building, any of the Building’s systemsTenant Improvements, the appearance of the Building ECV Stations, or the value or utility of the Leased Premisesany Permitted Alterations. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)reasonably satisfactory to Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor, if any. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using materials of as good qualityor better quality existing in the Building. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject anything to the other terms and conditions of contrary in this Article 6)Lease, Tenant shall be permitted have the right to make modifications, alterations and/or improvements to the Leased Premises which do and any exclusive use areas of the Outside Areas so noted on the Site Plan without Landlord’s consent if such modifications, alterations and/or improvements will not (a) affect the structure Building Systems in any material way or the structural components of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (ab) such alterations do not exceed cost more than $25,000 individually or $100,000 250,000 in the aggregate in each calendar yearany consecutive twelve (12) month period, provided (bi) that prior to making any such modifications, alterations and/or improvements, Tenant (A) provides Landlord ten (10) business days’ prior written notice of its intent to do so (which notice shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion include a reasonably detailed description of the alteration, with a set of the plans and specifications therefor, either “as built” or marked work to show construction changes madebe made by Tenant), and (dB) if requested shall have secured the approval of all governmental authorities and all permits required by Landlordgovernmental authorities having jurisdiction over such approvals and permits for such modifications, Tenant shallalterations and/or improvements, on or before the expiration or earlier termination and shall have provided copies of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment approvals and restore the Leased Premises permits to their condition Landlord prior to commencing any work, (ii) all such alterationmodifications, reasonable wear alterations and/or improvements are made in compliance with the provisions and tear excepted.restrictions set forth in this Paragraph 110015197v.8

Appears in 1 contract

Samples: Lease (Personalis, Inc.)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall may not be unreasonably withheld, conditioned delayed or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesconditioned. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, satisfied and (iii) Tenant shall have given Landlord at lease five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the likeBuilding. Notwithstanding the foregoing, Tenant, without Landlord’s 's prior written consent (but subject to the other terms and conditions of this Article 6)consent, shall be permitted to make non-structural alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exteriorBuilding, provided that: (a) such alterations do not exceed $25,000 10,000 individually or $100,000 in the aggregate in each calendar yearaggregate, (b) Tenant shall timely provide Landlord with notice of the notice required pursuant to Paragraph 4.9 above, proposed improvements including such details as Landlord may reasonably request regarding the proposed improvements and their estimated cost and (c) Tenant shall provide shall, upon Landlord's request, promptly following remove the completion alteration at the termination of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment Lease and restore the Leased Premises to their condition existing prior to such alteration. Tenant agrees to provide landlord with copies of plans for all material improvements or alterations to the Leased Premises, reasonable wear and tear exceptedregardless of whether or not Landlord's consent to such improvements or alterations is required hereunder.

Appears in 1 contract

Samples: Copper Mountain Networks Inc

By Tenant. By taking possession of the Premises, Tenant shall not make any alterations be deemed to or modifications have accepted the Premises as being in good and sanitary order, condition and repair and to have accepted the Premises in their condition existing as of the Leased Premises or construct date of such possession, subject to all applicable laws, covenants, conditions, restrictions, easements, and other matters of public record and the Rules and Regulations from time to time promulgated by Landlord governing the use of any portion of the Project. Tenant shall further be deemed to have accepted the Tenant improvements within the Leased Premises until Landlord shall have first approvedconstructed by Landlord, if any, as being completed in writing, accordance with the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), excluding only the punch list items referred to in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforeArticle 4a. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good qualityabove. Tenant shall not commence at Tenant's sole cost and expense, keep every part of the making of any such modifications or alterations or Premises in good condition and repair, ordinary wear and tear excepted. If Tenant fails to maintain the construction of any such improvements until (i) all Premises as required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfiedLease, (iii) Landlord may give Tenant shall have given Landlord at lease five (5) business days prior written notice of its intention to do such acts as are reasonably required to so maintain the Premises and if Tenant fails to commence such work so that Landlord may post and file notices immediately in an emergency or where immediate action is required to protect the Premises or any portion of non-responsibilitythe Project, or within ten (10) days after such notice is given under other circumstances, and (iv) if requested diligently prosecute it to completion, then Landlord or Landlord's agents, in addition to all of the rights and remedies available hereunder or by law and without waiving any alternative remedies, shall have the right to enter the Premises and to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant to Landlord as additional rent, upon demand. With respect to any work performed by Landlord pursuant to this Article 11.a., Landlord shall be liable to Tenant only for physical damage caused to Tenant's personal property located within the Premises to the extent such damage is caused by Landlord, Tenant shall have obtained contingent liability 's active negligence or willfulmisconduct and broad form builder’s risk insurance in an amount satisfactory such damage is neither insured against nor required to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried be insured against by Tenant pursuant to Article 9this Lease. In no event shall Landlord have any liability to Tenant make for any modificationother damages, alterations or improvements whatsoever to for any inconvenience or interference with the Outside Areas or the exterior or structural components use of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorwaysby Tenant, or the likefor any consequential damages, including lost profits, as a result of performing any such work. Notwithstanding the foregoingExcept as specifically provided in an addendum, Tenantif any, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any such alteration part thereof and the panics hereto affirm that is not an improvement that would be typically found Landlord has made no representations or warranty to Tenant respecting the condition of the Premises or any part of the Project except as specifically set forth in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear exceptedthis Lease.

Appears in 1 contract

Samples: Centre Office Lease (QCS Net Corp)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lsi Logic Corp

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not may be unreasonably withheld, conditioned or delayedwithheld in Landlord's reasonable discretion. Without limiting the generality of the foregoing, Tenant acknowledges that it Landlord's approval shall be reasonable deemed given if not denied by Landlord in a written notice to Tenant delivered within five (5) business days following receipt of Tenant's written request. Tenant's written request shall also contain a request for Landlord to withhold its consent elect whether or not it will require Tenant to any modificationremove the subject alterations, alteration modifications or improvement ifimprovements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant's removal obligations set forth in Landlord’s reasonable judgmentSection 2.6 above, such modificationLandlord shall be deemed to have made the election at the time the alterations, alteration modifications or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesimprovements were completed). All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first reasonably approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s 's prior written consent (but subject to the other terms and conditions of this Article 6)consent, shall be permitted to make non-structural alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exteriorBuilding, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year20,000 individually, (b) Tenant shall timely provide Landlord the notice required pursuant no less than ten (10) days prior to Paragraph 4.9 abovecommencing such alterations , (c) Tenant shall provide Landlord, promptly following the notify Landlord in writing within thirty (30) days of completion of the alteration, with alteration and deliver to Landlord a set of the plans and specifications therefor, either "as built" or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before upon Landlord's request, remove the expiration or earlier alteration at the termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment the Lease and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Ultratech Stepper Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned withheld or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it Landlord’s approval shall be reasonable deemed given if not denied by Landlord in a written notice to Tenant delivered within fifteen (15) days following receipt of Tenant’s written request. Tenant’s written request shall also contain a request for Landlord to withhold its consent elect whether or not it will require Tenant to any modificationremove the subject alterations, alteration modifications or improvement ifimprovements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Landlord’s reasonable judgmentParagraph 2.6 above, such modificationLandlord shall be deemed to have made the election at the time the alterations, alteration modifications or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesimprovements were completed). All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6)consent, shall be permitted to make non-structural alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exteriorBuilding, provided that: (a) such alterations do not exceed $25,000 20,000 individually or $100,000 in the aggregate in each calendar yearover the Lease Term, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the notify Landlord in writing within thirty (30) days of completion of the alteration, with alteration and deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before upon Landlord’s request, remove the expiration or earlier alteration at the termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment the Lease and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Atheros Communications Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements to or within the Leased Premises without Landlord's prior written approval, and then not until Landlord shall have first approved, in writing, the plans and specifications therefortherefore, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto)'s expense, using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to in Article 9. In no event shall Tenant tenant make any modificationmodifications, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls areas outside of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Adeza Biomedical Corp

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements to or within the Leased Premises without Landlord’s prior written approval, and then not until Landlord shall have first approved, in writing, the plans and specifications therefortherefore, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto)expense, using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior to written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modificationmodifications, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of areas outside the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this the Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Industrial Space Lease (Viasystems Group Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not may be unreasonably withheld, conditioned or delayed. Without limiting withheld in Landlord’s sole discretion unless reasonably required in order to accommodate Tenant’s consolidation from the generality Portion of the foregoingThird Floor and Additional Floor into the Remainder. Tenant shall reimburse Landlord for all costs incurred by Landlord in connection with review of such plans and specifications, Tenant acknowledges that it including the cost of any third party consultants or contractors to review plans and specifications and to inspect or supervise any work performed by or on behalf of Tenant. Landlord’s approval of Tenant’s plans and specifications shall be reasonable create no liability on the part of Landlord for their completeness, sufficiency, or compliance with Laws or Private Restrictions. Tenant’s written request shall also contain a request (in bold, all capital letters) for Landlord to withhold its consent elect whether or not it will require Tenant to any modificationremove the subject alterations, alteration modifications or improvement ifimprovements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Landlord’s reasonable judgmentParagraph 2.6 above, such modificationLandlord shall be deemed to have made the election at the time the alterations, alteration modifications or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesimprovements were completed). All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-Landlord approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five least ten (510) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Electronics for Imaging Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefortherefore, which approval shall not be unreasonably withheld. At the time Landlord consents to a proposed alteration, conditioned Landlord shall also state whether or delayed. Without limiting not it will require Tenant to remove the generality subject alterations, modifications or improvements at the expiration or earlier termination of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased PremisesLease. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which Landlord, such approval shall not be unreasonably withheld, conditioned or delayed), in substantial compliance with the aforementioned Landlord-Landlord approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form from builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or the structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s specific prior consent, which shall not be unreasonably withheld, conditioned or delayedwritten consent thereto. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, Tenant may construct non-structural alterations in the Leased Premises without Landlord’s prior written consent (but subject to approval, if the other terms and conditions cost of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) any such alterations do project does not exceed Ten Thousand Dollars ($25,000 individually or $100,000 10,000) in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear exceptedaggregate.

Appears in 1 contract

Samples: Lease (Vivus Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements to or within the Leased Premises without Landlord’s prior written approval, and then not until Landlord shall have first approved, in writing, the plans and specifications therefortherefore, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto)expense, using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior to written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modificationmodifications, alterations or improvements whatsoever to the Outside Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of areas outside the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this the Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.Initial _____ _____ _____

Appears in 1 contract

Samples: Industrial Space Lease (Viasystems Group Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefortherefore, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-Landlord approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making ranking of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modificationmodifications, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior Landord's consent, which shall not be unreasonably withheld, conditioned or delayed. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Industrial Space Lease (Gatefield Corp)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall may not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premises. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 99 and (v) with respect to any alteration or modification that affect Building Systems, Tenant shall first obtain approval from Landlord’s designated engineer for the affected Building System. Tenant shall pay to Landlord, within thirty (30) days of demand therefor an administrative fee in connection with any alterations or modifications in the Leased Premises in an amount equal to the greater of (x) 3% of the total cost of such alterations or modifications or (y) $250. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior written consent, which shall not may be unreasonably withheldgranted or withheld in Landlord’s sole discretion (collectively, conditioned or delayed“Prohibited Alterations”). As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6)consent, shall be permitted to make alterations other than Prohibited Alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exteriorBuilding, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar yearaggregate, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 subparagraph (iii) above, (c) Tenant shall provide Landlord, promptly following the notify Landlord in writing within thirty (30) days of completion of the alteration, with alteration and deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before upon Landlord’s request, remove the expiration or earlier alteration at the termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment the Lease and restore the Leased Premises to their condition prior to such alteration. Landlord shall render a decision, reasonable wear and tear exceptedat the time that request is made by Tenant for approval of an alteration or upon notification of an alteration not requiring Landlord’s consent, whether such alteration can remain or if such alteration must be removed at the expiration or sooner termination of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Cortina Systems Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises which affect the structural components of the Leased Premises or Building until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not may be unreasonably withheldwithheld in Landlord's reasonable discretion, conditioned provided that any such alterations, improvements or delayed. Without limiting the generality of the foregoing, Tenant acknowledges that it modifications shall be reasonable for Landlord removed at the expiration or earlier termination of this Lease and the Leased Premises returned to withhold its consent their condition existing prior to any modificationsuch alterations, alteration improvements or improvement if, in Landlord’s reasonable judgment, such modification, alteration modifications. Tenant may make non-structural alterations to or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of the Building or the value or utility modifications of the Leased PremisesPremises or construct any non-structural improvements within the Leased Premises without Landlord's consent, provided that (i) Tenant shall notify Landlord at least five (5) business days prior to commencing such alterations, modifications or improvements, (ii) Landlord shall have the right to receive final plans and specifications for such alterations, modifications and/or improvements, and (iii) Tenant shall be obligated to remove all such alterations, modifications and improvements in accordance with Paragraph 2.6 hereof at the expiration or earlier termination of this Lease. At Tenant's option, Tenant may submit a written request to Landlord requesting that alterations, modifications or improvements made pursuant to this Paragraph 6.1 be allowed to remain at the expiration or earlier termination of this Lease, which Landlord may decide in its sole and absolute discretion. If such request is not made, Landlord may make an election to require removal at the expiration or earlier termination of this Lease. All such modifications, alterations or improvements, once so approved, improvements shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)contractor, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor previously provided to Landlord. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so to that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise except as expressly provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedherein. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Subject to Tenant's obligations under Paragraph 2.6 hereof (including, without Landlord’s prior written consent (but limitation, the obligation to remove and repair), Tenant shall have the right, subject to the other terms and conditions of this Article 6), shall be permitted Landlord's reasonable prior approval: (i) to make alterations to use building shafts or conduits between the Leased Premises which do and other parts of the Building for the installation of maintenance of conduits, cables, ducts, pipes and other devices for communications, data processing devices, supplementary HVAC and other facilities Consistent with its use of the Leased Premises; and (ii) to cover or block Out windows (including the installation of sheet rock walls on the second floor of the Building) for the purpose of providing a more stable and secure technical environment within the Premises (provided that such covering or blocking does not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the exterior appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear exceptedBuilding).

Appears in 1 contract

Samples: Lease (Digital Island Inc)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned withheld or delayed. Without limiting Landlord's approval shall be deemed given if not denied by Landlord in a written notice to Tenant delivered within fifteen (15) days following receipt of Tenant's written request. Tenant's written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the generality subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant's removal obligations set forth in Section 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed). Notwithstanding the foregoing, Tenant acknowledges that it shall have the right, at its sole cost and expense, subject to the prior written approval of Landlord (which approval shall not be reasonable for Landlord unreasonably withheld or delayed) to withhold its consent to any modification, alteration or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect the structure of the Building, any of the Building’s systems, the appearance of construct a covered open walkway between the Building or and the value or utility 1194 Building and Tenant shall not be required to remove such walkway upon the termination of the Leased Premisesthis Lease. All such modifications, alterations or improvements, once so approvedapproved by Landlord, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article ARTICLE 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without (except to the extent Tenant has obtained Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayed's approval pursuant to Section 4.2). As used in this ArticleARTICLE, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the completion of the alteration, with a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.lighting

Appears in 1 contract

Samples: Lease (Juniper Networks Inc)

By Tenant. This Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises Building C Non-Standard Office Improvements until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not may be unreasonably withheldwithheld in Landlord’s sole discretion as to Non-Standard Office Improvements which affect the Building façade, conditioned structure, or delayed. Without limiting the generality of the foregoingsystems, Tenant acknowledges that it shall and otherwise such approval may be reasonable for Landlord to withhold its consent to any modification, alteration or improvement if, withheld in Landlord’s reasonable judgmentdiscretion. Landlord’s written approval shall, such modificationif applicable, alteration also contain Landlord’s election to require Tenant to remove the subject Non-Standard Office Improvements at the expiration or improvement would adversely affect the structure earlier termination of the Buildingthis Lease, any of the Building’s systems, the appearance of the Building or the value or utility of the Leased Premisesin which event Tenant shall be obligated to do so. All such modifications, alterations or improvements, once so approved, improvements shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned withheld or delayed), in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Outside Common Areas or (except the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedExclusive Use Common Areas). As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6)consent, shall be permitted to make alterations to the Leased Premises which do are not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, Non-Standard Office Improvements provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate in each calendar year, (b) Tenant shall timely provide Landlord the notice notices required pursuant to Paragraph 4.9 above, (b) Tenant shall have secured the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for such alterations, and shall provide copies of such approvals and permits to Landlord prior to commencing any work with respect to such alterations, and (c) Tenant shall provide Landlord, promptly following the notify Landlord in writing within thirty (30) days of completion of the alteration, with alteration and deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before the expiration or earlier termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Aruba Networks, Inc.)

By Tenant. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not may be unreasonably withheld, conditioned or delayedwithheld in Landlord's reasonable discretion. Without limiting the generality of the foregoing, Tenant acknowledges It is agreed that it shall be reasonable for Landlord to withhold its consent require Tenant to remove all or any modificationportion of such alterations, alteration modifications or improvement if, in Landlord’s reasonable judgment, such modification, alteration or improvement would adversely affect improvements at the structure end of the Building, any of the Building’s systems, the appearance of the Building or the value or utility of Lease Term and to fully restore the Leased Premises, provided that Landlord notifies Tenant of such requirements at the time Landlord grants its approval of the alterations, modifications, or improvements. All such modificationsalterations, alterations modifications or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed)Landlord, in substantial compliance with the aforementioned Landlord-approved plans and specifications thereforetherefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five least fifteen (515) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations alternations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises unless otherwise provided herein without Landlord’s prior consent, which shall not be unreasonably withheld, conditioned or delayedPremises. As used in this Article, the term "modifications, alterations alternations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s 's prior written consent (but subject to the other terms and conditions of this Article 6)consent, shall be permitted to make non-structural alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exteriorBuilding, provided that: (a) such alterations do not exceed $25,000 10,000 individually or $100,000 in the aggregate in each calendar yearaggregate, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall provide Landlord, promptly following the notify Landlord in writing within thirty (30) days of completion of the alteration, with alteration and deliver to Landlord a set of the plans and specifications therefor, either "as built" or marked to show construction changes made, and (d) if requested by Landlord, Tenant shall, on or before upon Landlord's request, remove the expiration or earlier alteration at the termination of this Lease, remove any such alteration that is not an improvement that would be typically found in an office space environment the Lease and restore the Leased Premises to their condition prior to such alteration, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Va Linux Systems Inc

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