Common use of Landlord Approval Clause in Contracts

Landlord Approval. Tenant will not make any Structural Alterations to the Premises without Landlord’s written consent, which consent may be granted or withheld in Landlord’s sole and absolute discretion. Tenant will not make any other Alterations without Landlord’s prior written consent, which consent Landlord will not unreasonably withhold or delay; provided, however, that no such consent shall be required (but Tenant must still notify Landlord or Property Manager thereof, in writing, except where the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations to the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs of the same do not exceed $100,000 in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be required. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterations, Tenant will deliver to Landlord plans and specifications for the Consent Alterations and names and addresses of all prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant will, before commencing the Consent Alterations, deliver to Landlord certificates evidencing the insurance coverages required by Section 8.2, copies of all necessary permits and licenses required to perform the Consent Alterations, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliance. Tenant will provide Landlord with copies of “as built” drawings of such Consent Alterations completed by Tenant or Tenant’s contractors, to the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractors. Tenant will construct all Alterations or cause all Alterations to be constructed (a) in the case of Consent Alterations, by a general contractor that Landlord approves in its reasonable discretion, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (e) in compliance with Landlord’s commercially reasonable rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Property.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Horizon Pharma PLC)

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Landlord Approval. Tenant will not make any Structural Alterations to the Premises without Landlord’s written consent, which consent may be granted or withheld in Landlord’s sole and absolute discretionany Alterations to the Common Area. Tenant will not make any other Alterations without Landlord’s prior written consent, which consent Landlord will shall not unreasonably withhold or delaywithhold; provided, however, that no such Landlord may condition its consent shall be required (but in its reasonable discretion. Notwithstanding the foregoing, Tenant must still notify Landlord or Property Manager thereofmay make cosmetic and other non-Structural Alterations to the interior of the Premises without Landlord’s prior written consent, in writing, except where provided that that the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with total cost of any such non-Structural Alterations to the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs of the same do does not exceed $100,000 10,000 in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non12 calendar-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be requiredmonth period. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterationsconsent, Tenant will deliver to Landlord complete plans and specifications for the Consent Alterations Alterations, and names and addresses of all will identify any prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant willTenant, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, will deliver to Landlord certificates evidencing the for Landlord’s reasonable approval proof of insurance coverages required by Section 8.2, copies of all necessary permits and licenses required to perform the Consent Alterationslicenses, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliancerequests. Tenant will provide Landlord with copies of “as built” drawings of such Consent not commence the Alterations completed by Tenant or Tenantbefore Landlord, in Landlord’s contractorsreasonable discretion, to approves the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractorsforegoing deliveries. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed (a) in the case of Consent Alterations, promptly by a general contractor that Landlord approves in its reasonable discretionlicensed and properly bonded contractor, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (e) in full compliance with all of Landlord’s commercially reasonable rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Property, if and to the extent Landlord has given Tenant prior written notice of any such rules and regulations. Notwithstanding anything in this Lease to the contrary, Landlord acknowledges and agrees that it has reviewed and approved Tenant’s plans for relocating certain equipment and products in the warehouse of the Building prior to the Commencement Date of this Lease, and such work shall not be deemed Alterations under this Lease even if this Lease becomes effective prior to the completion of such work.

Appears in 2 contracts

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

Landlord Approval. Tenant will not make any Structural Alterations to the Premises without Landlord’s written consent, which consent may be granted or withheld in Landlord’s sole and absolute discretionany Alterations to the Common Area. Tenant will not make any other Alterations without Landlord’s 's prior written consent, which consent Landlord will shall not unreasonably withhold or delaywithhold; provided, however, that no such Landlord may condition its consent shall be required (but Tenant must still notify Landlord or Property Manager thereof, in writing, except where the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations to the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs of the same do not exceed $100,000 in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be requiredits reasonable discretion. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterations's consent, Tenant will deliver to Landlord complete plans and specifications for the Consent Alterations Alterations, and names and addresses of all will identify any prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant willTenant, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, will deliver to Landlord certificates evidencing the for Landlord's reasonable approval proof of insurance coverages required by Section 8.2, copies of all necessary permits and licenses required to perform the Consent Alterationslicenses, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliancerequests. Tenant will provide Landlord with copies of “as built” drawings of such Consent not commence the Alterations completed by Tenant or Tenant’s contractorsbefore Landlord, to in Landlord's reasonable discretion, approves the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractorsforegoing deliveries. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed (a) in the case of Consent Alterations, promptly by a general contractor that Landlord approves in its reasonable discretionlicensed and properly bonded contractor, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (e) in full compliance with all of Landlord’s commercially reasonable 's rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Property.

Appears in 2 contracts

Samples: Lease Agreement (Aspirity Holdings LLC), Office Sublease (Aspirity Holdings LLC)

Landlord Approval. Tenant will not make any Structural Alterations to the Premises without Landlord’s written consent, which consent may be granted or withheld in Landlord’s sole and absolute discretionAlterations. Tenant will not make any other Alterations without Landlord’s 's prior written consent, which consent Landlord will not unreasonably may grant, withhold or delay; providedcondition in its sole, however, that no such consent shall be required (but Tenant must still notify Landlord or Property Manager thereof, in writing, except where the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations to the extent: (i) the same are solely decorative in nature, including, without limitation, painting absolute and carpeting (regardless of cost), or (ii) the costs of the same do not exceed $100,000 in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be requiredarbitrary discretion. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterations's consent, Tenant will deliver to Landlord plans and specifications for the Consent Alterations and names and addresses of all prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant will, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, deliver to Landlord copies of all contracts, certificates evidencing of insurance and certified copies of all endorsements for the insurance coverages required by Section 8.2, copies of any contractor safety programs, copies of all necessary permits and licenses required to perform the Consent Alterations, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliancerequests. Tenant will provide not commence the Alterations before Landlord with copies of “as built” drawings of such Consent Alterations completed by Tenant or Tenant’s contractorshas, to the extent that the Consent Alterations in question are Landlord's sole, absolute and arbitrary discretion, provided Landlord's written approval of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractorsforegoing deliveries. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed (a) in the case of Consent Alterations, promptly by a general contractor that Landlord approves in its writing in Landlord's reasonable discretion, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (e) during times reasonably determined by Landlord to minimize 0000 Xxxx Xxxxxx 8 9/29/04 Office Lease Agreement interference with other tenant's use and enjoyment of the Property, and (f) in full compliance with Landlordall of Master Lessor’s commercially reasonable rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Property, and (g) if Landlord elects, under Landlord's supervision and during hours reasonably determined by Landlord.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (ECC Capital CORP)

Landlord Approval. Tenant will not make any Structural Alterations to the Premises or any Alterations to the Common Area. Tenant shall have the right, without Landlord’s written prior consent, which consent may be granted or withheld to make Alterations other than Structural Alterations, provided that the cost of any single Alteration does not exceed $100,000.00. Other than as specifically described in Landlord’s sole and absolute discretion. the preceding sentence, Tenant will not make any other Alterations without Landlord’s prior written consent, which consent Landlord will not be unreasonably withhold withheld or delay; provided, however, that no such consent shall be required (but Tenant must still notify Landlord or Property Manager thereof, in writing, except where the other Alterations are de minimis, which written notice may be given by e-mail if made delayed subject to Property Manager) in connection with any such non-Structural Alterations to the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs of the same do not exceed $100,000 in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be required. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” reasonable conditions. Along with any request for Landlord’s consent or prior to commencing any Consent AlterationsAlterations for which Tenant does not require Landlord’s consent, Tenant will deliver to Landlord plans and specifications for the Consent Alterations and names and addresses of all prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent AlterationsAlterations or if consent is not needed, Tenant willTenant, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, will deliver to Landlord certificates evidencing the for Landlord’s reasonable approval copies of all contracts, proof of insurance coverages required by Section 8.2, copies of any contractor safety programs, copies of all necessary permits and licenses required to perform the Consent Alterations, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliancerequests. Tenant will provide not commence the Alterations before Landlord with copies of “as built” drawings of such Consent Alterations completed by Tenant or Tenant’s contractors, to receives the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractorsforegoing deliveries. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed (a) in the case of Consent Alterations, by a general contractor that Landlord approves in its reasonable discretion, (b) in a good and workmanlike manner, (cb) in compliance with all Laws, (dc) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, (d) promptly by a contractor approved by Landlord, which approval shall not be unreasonably withheld or delayed, and (e) in full compliance with all of Landlord’s commercially reasonable rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Property. All Alterations, other than Structural Alterations, made by Tenant may, at Tenant’s option, remain in the Premises after the expiration of the Term. If Landlord consents to any Structural Alterations by Tenant, and Landlord requires that such Structural Alterations be removed from the Premises at Tenant’s cost at the end of the Term, Landlord must so notify Tenant at the time Landlord consents to such Structural Alterations. Tenant shall not be required to remove the Tenant Improvements at the expiration or termination of the Term. Notwithstanding anything contained herein to the contrary, any Supplemental AC Systems installed by Tenant shall remain the personal property of Tenant and may be removed from or may remain in the Premises at any time during the Term and after the expiration of the Term, at Tenant’s sole option and at Tenant’s sole expense; provided, however, Tenant shall repair and restore any damage caused to the Premises or the Building as a result of such removal.

Appears in 1 contract

Samples: Office Lease Agreement (Royal Caribbean Cruises LTD)

Landlord Approval. Tenant will not make any Structural Alterations to the Premises Building without Landlord’s written consent, which consent may be granted given or withheld in Landlord’s sole and absolute discretion. Tenant will not make any other Alterations costing in excess of $25,000 without Landlord’s prior written consent, which consent Landlord will not unreasonably withhold or delay; provided, however, that no such consent shall be required (but Tenant must still notify Landlord or Property Manager thereof, may impose conditions in writing, except where the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations to the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs of the same do not exceed $100,000 in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be requiredits reasonable discretion. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterationsconsent, Tenant will deliver to Landlord plans and specifications for the Consent Alterations and names and addresses of all prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant willTenant, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, will deliver to Landlord certificates evidencing the for Landlord’s reasonable approval copies of all contracts, proof of insurance coverages required by Section 8.2, copies of any contractor safety programs, copies of all necessary permits and licenses required to perform the Consent Alterations, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliancerequests. Tenant will provide Landlord with copies of “as built” drawings of such Consent not commence the Alterations completed by Tenant or Tenantbefore Landlord, in Landlord’s contractorsreasonable discretion, to approves the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractorsforegoing deliveries. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed (a) in the case of Consent Alterations, promptly by a general contractor that Landlord approves in its reasonable discretionwriting in Landlord’s good faith business judgment, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (e) in full compliance with all of Landlord’s commercially reasonable rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Property.

Appears in 1 contract

Samples: Office Lease Agreement (Horizon Health Corp /De/)

Landlord Approval. Tenant will not make any Structural Alterations to the Premises without Landlord’s written consent, which consent may be granted or withheld in Landlord’s sole and absolute discretionany Alterations to the Common Area. Tenant will not make any other Alterations without Landlord’s prior written consent, which consent Landlord will not unreasonably withhold or delay; provided, however, that no such consent shall be required (but Landlord may require, as a condition of its consent, that Tenant must still notify Landlord or Property Manager thereof, in writing, except where remove the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations to at the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs end of the same do not exceed $100,000 Term and repair all damage caused by such removal. Landlord may also otherwise condition its consent in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be requiredits reasonable discretion. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterationsconsent, Tenant will deliver to Landlord plans and specifications for the Consent Alterations and names and addresses of all prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant willTenant, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, will deliver to Landlord certificates evidencing the for Landlord’s reasonable approval copies of all contracts, proof of insurance coverages required by Section 8.29.2, copies of any contractor safety programs, copies of all necessary permits and licenses required to perform the Consent Alterations, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliancerequests. Tenant will provide Landlord with copies of “as built” drawings of such Consent not commence the Alterations completed by Tenant or Tenantbefore Landlord, in Landlord’s contractorsreasonable discretion, to approves the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractorsforegoing deliveries. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed (a) in the case of Consent Alterations, promptly by a general contractor that Landlord approves in its writing in Landlord’s reasonable discretion, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (e) during times that Landlord reasonably determines in order to minimize interference with other tenants’ use and enjoyment of the Building, and (f) in full compliance with the Project Documents and all of Landlord’s commercially reasonable rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the PropertyBuilding. Notwithstanding anything to the contrary contained herein, Tenant shall have the right, without Landlord’s consent but with prior written notice to Landlord in compliance with the provisions of Section 9.4, to make cosmetic interior, non-structural Alterations to the Premises that do not involve or affect the Building’s electrical, plumbing, HVAC, mechanical or life safety systems, having an aggregate cost of $10,000.00 or less in each calendar year during the Term of this Lease, provided that all such Alterations shall be performed in compliance with the items (a), (b), (c), (d), (e) and (f) as set forth in the immediately preceding sentence of this Section 9.1.

Appears in 1 contract

Samples: Office Lease Agreement (Everside Health Group, Inc.)

Landlord Approval. Tenant will not make any Structural Alterations Alterations. Without limitation to the Premises without Landlord’s written consentforegoing, which consent may be granted or withheld in Landlord’s sole and absolute discretion. Tenant will not make any other Alterations which cost more than $25,000 in any calendar year or which modify the structural, mechanical, electrical, or fire protection sprinkler systems of the Building without Landlord’s prior written consent, which consent Landlord will not unreasonably withhold or delay; provided, however, that no such consent shall be required (but Tenant must still notify Landlord or Property Manager thereof, in writing, except where the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations to the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs of the same do not exceed $100,000 in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be required. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for LandlordXxxxxxxx’s consent to any Consent Alterationsconsent, Tenant Xxxxxx will deliver to Landlord plans and specifications for the Consent Alterations and names and addresses of all prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant will, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, deliver to Landlord copies of all contracts, certificates evidencing of insurance and certified copies of all endorsements for the insurance coverages required by Section 8.2, copies of any contractor safety programs, copies of all necessary permits and licenses required to perform the Consent Alterations, and such other information relating to the Consent Alterations as Landlord reasonably requested requests. Tenant will not commence the Alterations before Landlord has, in issuing its consent to Landlord’s reasonable discretion, provided Xxxxxxxx’s written approval of the same. Tenantforegoing deliveries, at its sole cost and expense, which approval Landlord will remove any Consent Alterations Tenant constructs without obtaining not unreasonably withhold or delay; provided that Landlord’s approval as provided in this Article 8 shall be deemed given if Landlord does not provide its approval or written reasons for withholding approval within 30 thirty (30) days after Landlordof Tenant’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliance. Tenant will provide Landlord with copies of “as built” drawings of such Consent Alterations completed by Tenant or Tenant’s contractors, to the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractorsrequest. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed (a) in the case of Consent Alterations, promptly by a general contractor that reasonably approved by Landlord approves in its reasonable discretionwriting, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance a manner that will minimize interference with all orders, rules other tenants’ use and regulations enjoyment of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functionsProperty, and (e) in full compliance with all of Landlord’s commercially reasonable rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Property. At the time approval is requested or granted, or upon Xxxxxx’s request as to improvements which do not require Landlord’s consent, as to any specific change or alteration, Landlord shall designate in writing which portion of such change or alteration shall be removed, repaired and restored at termination of this Lease and which portion may be surrendered at termination of this Lease without removal, repair and restoration. All Alterations, including the Tenant’s Improvements contemplated by the Exhibit “H” Plans and Specifications, shall remain as part of the Premises and be surrendered as part of the Premises upon termination of the Lease except and to the extent such Alterations constitute “trade fixtures” under applicable law or are Tenant’s Personal Property or are otherwise required or permitted to be removed. Further, in respect to items as to which no specific written approval is requested or granted, Landlord may require, upon termination of this Lease, the removal (and repair of resulting damage) of any such applicable improvement, alteration, addition or installation installed in the Premises. Notwithstanding the above, the initial Tenant’s Improvements contemplated by the Exhibit “H” Plans and Specifications shall not be removed by Tenant.

Appears in 1 contract

Samples: Warehouse Lease Agreement (Insignia Systems Inc/Mn)

Landlord Approval. Tenant will not make any Structural Alterations to the Premises without Landlord’s written consent, which consent may be granted or withheld in Landlord’s sole and absolute discretionAlterations. Tenant will not make any other Alterations without Landlord’s prior written consent, which consent Landlord will not unreasonably may grant, withhold or delaycondition in its sole, absolute and arbitrary discretion; provided, however, that no Tenant may make such consent other Alterations costing up to Twenty Thousand Dollars ($20,000) in the aggregate over any twelve (12) month period subject to Landlord’s consent, which will not be unreasonably withheld, delayed or conditioned. In addition, notwithstanding the foregoing, Tenant shall be required (but Tenant must still notify Landlord or Property Manager thereof, in writing, except where the entitled to make such other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations or to the extent: Premises, without the prior consent of Landlord, provided that (i) each such Alteration costs less than Two Thousand Five Hundred Dollars ($2,500) and the same are solely decorative in nature, including, without limitation, painting and carpeting aggregate cost of all Alterations during any twelve (regardless of cost12) month period does not exceed Five Thousand Dollars ($5,000), or (ii) the costs of the same do not exceed $100,000 in any single instance, but in the case of this clause (ii) Tenant will provide gives Landlord at least ten (10) Business Days prior written notice before commencing work on any such Alteration and delivers to Landlord with such notice the plans and specifications for the Alterations and the names and addresses of Tenantall contractors for the Alterations, and (iii) Tenant complies with the requirements of this Section 8.1 other than the requirement of obtaining Landlord’s intent consent. If specifically requested in writing by Tenant at the time Tenant requests Landlord’s consent to perform any such non-Structural Alterations, Landlord will state at the time it approves any such Alterations whether or not Tenant will be required to remove such approved Alterations prior to so performing, except that, in the case expiration of an emergency the Term or hazardous condition, only such notice as is practical under the circumstances shall be requiredearlier termination of this Lease. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterationsconsent, Tenant will deliver to Landlord plans and specifications for the Consent Alterations and names and addresses of all prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant will, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, deliver to Landlord copies of all contracts, certificates evidencing of insurance and certified copies of all endorsements for the insurance coverages required by Section 8.2, copies of any contractor safety programs, copies of all necessary permits and licenses required to perform the Consent Alterations, and such other information relating to the Consent Alterations as Landlord reasonably requested requests. Tenant will not commence the Alterations before Landlord has, in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as reasonable discretion, provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliance. Tenant will provide Landlord with copies of “as built” drawings of such Consent Alterations completed by Tenant or Tenant’s contractors, to the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractorsforegoing deliveries. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed (a) in the case of Consent Alterations, promptly by a general contractor that Landlord approves in its reasonable writing in Landlord’s sole, absolute and arbitrary discretion, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (e) during time reasonably determined by Landlord to minimize interference with other tenants’ use and enjoyment of the Property, and (f) in full compliance with all of Landlord’s commercially reasonable rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Property.

Appears in 1 contract

Samples: Office Lease Agreement (Shopping Com LTD)

Landlord Approval. The provisions of this Article are not applicable to the performance of Tenant’s Improvements, which shall be performed in accordance with the provisions of EXHIBIT “L” attached hereto and made a part hereof. Tenant will not make any Structural Alterations to the Premises without Landlord’s written consentor any Alterations to the Common Area. Except as set forth below, which consent may be granted or withheld in Landlord’s sole and absolute discretion. Tenant will not make any other Alterations without Landlord’s prior written consent, which consent Landlord will not unreasonably withhold withhold, condition or delay; provided, however, that no such consent shall be required (but Tenant must still notify Landlord or Property Manager thereof, in writing, except where the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations to the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs of the same do not exceed $100,000 in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be required. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterationsconsent, Tenant will deliver to Landlord plans and specifications for the Consent Alterations and names and addresses of all prospective contractors for the Alterations. In addition, Before commencing the Alterations or delivering (or accepting delivery of) any materials to be used in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Tenant will deliver to Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding reasonable approval copies of consent)all contracts, it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising proof of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant will, before commencing the Consent Alterations, deliver to Landlord certificates evidencing the insurance coverages required by Section 8.2, copies of any contractor safety programs, copies of all necessary permits and licenses required to perform the Consent Alterations, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliancerequests. Tenant will provide not commence the Alterations before Landlord, in Landlord’s reasonable discretion, approves the foregoing deliveries. If Landlord with copies of “as built” drawings of such Consent Alterations completed by Tenant or Tenant’s contractorsapproves the proposed Alterations, to the extent that the Consent Alterations in question are Landlord shall identify any of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractorsAlterations that Landlord reasonably determines to be Non-Customary Office Improvements that Landlord may require Tenant to remove upon the expiration or earlier termination of this Lease. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed (a) in the case of Consent Alterations, by a general contractor that Landlord approves in its reasonable discretionwriting, which approval shall not be unreasonably withheld, conditioned or delayed, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (e) during times that Landlord reasonably determines in order to minimize interference with other tenants’ use and enjoyment of the Property, and (f) in full compliance with all of Landlord’s commercially reasonable rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Property. Tenant shall have the right to select the contractors, subcontractors, engineers, and architects of its choice to perform its Alterations, subject to Landlord’s reasonable approval which shall not be unreasonably withheld, conditioned or delayed. Tenant shall have the right to construct internal stairways between full floors which are part of the Premises, from time to time, subject to restoration by Tenant as Non-Customary Office Improvements at the expiration of earlier termination of this Lease and subject to the terms of this Article 8 and to Landlord’s approval, which shall not be unreasonably withheld, conditioned or delayed. Landlord shall not charge any fee, surcharges, or any other charges in connection any tap in charges for connecting supplemental air conditioning, sprinklers, or other systems that are required by Tenant for the construction of the Premises. Anything herein to the contrary notwithstanding, Tenant shall provide Landlord prior written notice but shall not be required to obtain Landlord’s consent with respect to (a) any Alterations which are not Structural Alterations and that complies with the following requirements in each instance: (i) does not affect the roof or any area outside of the Premises; (ii) does not materially affect the electrical, plumbing, HVAC or mechanical systems in the Project or servicing the Premises, or the sprinkler or other life safety system; (iii) costs less than $200,000.00 for each such Alteration project in the aggregate (other than items set forth in clause (b); (iv) there is then existing an uncured Event of Default; and (v) Landlord’s insurance requirements are satisfied; and (b) any painting, decorating or installation of carpeting within the Premises, installation or relocation of any electrical outlets within the Premises, the removal, reconfiguration or installation of furniture including any power supply connected thereto, and/or the installation or relocation of low voltage wiring associated with any furniture, fixtures or equipment installed within the Premises. Notwithstanding the foregoing, in no event shall Tenant be required to provide Landlord notice in connection with any cosmetic Alterations performed in the Premises provided that the same are performed in a first class manner, consistent with other Class A office buildings in the Chicago suburban metropolitan area.

Appears in 1 contract

Samples: Office Lease Agreement (Paylocity Holding Corp)

Landlord Approval. Tenant will not make any Structural Major Alterations to the Premises without Landlord’s prior written consent, which consent Landlord may be granted grant, withhold or withheld condition in Landlord’s sole and absolute discretion. Tenant will not make any other Alterations without Landlord’s prior written consent, which consent Landlord will not unreasonably withhold condition or delay; provided, however, that no such consent shall be required (but Tenant must still notify Landlord or Property Manager thereof, in writing, except where the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations to the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs of the same do not exceed $100,000 in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be requiredwithhold. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterationsconsent, Tenant will deliver to Landlord plans and specifications for the Consent Alterations and names and addresses of all prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, if Landlord shall have the right fails to condition grant or withhold its consent to such Consent for any Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case receipt of a withholding of consentrequest for consent from Tenant, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if then Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall will be conclusively deemed to have consented to any Alterations that were the proposed Consent Alterationssubject of such request for consent. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant will, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, deliver to Landlord certificates evidencing the insurance coverages and copies of any bonds required by Section 8.2, copies of all necessary permits and licenses required to perform the Consent Alterationslicenses, and such other information relating to the Consent Alterations as Landlord reasonably requested requests. Tenant will not commence the Alterations before Landlord has, in issuing its consent to Landlord’s reasonable discretion, provided Landlord’s written approval of the sameforegoing deliveries. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 10 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliance. Tenant will provide Landlord with copies of “as built” drawings of such Consent Alterations completed by Tenant or Tenant’s contractors, to the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractors. Tenant will construct all Alterations or cause all Alterations to be constructed (a) in the case of Consent Alterations, by a general contractor that Landlord approves in its reasonable discretion, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (e) in compliance with Landlord’s commercially reasonable rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Property.

Appears in 1 contract

Samples: Tenant Lease Agreement (SXC Health Solutions Corp.)

Landlord Approval. Tenant will not make any Structural Major Alterations to the Premises without Landlord’s 's prior written consent, which consent Landlord may be granted grant, withhold or withheld condition in Landlord’s 's sole and absolute discretion. Tenant will not make any other Alterations without Landlord’s 's prior written consent, which consent Landlord will not unreasonably withhold condition or delaywithhold; provided, however, that no such consent shall be required (but so long as Tenant must still notify first delivers to Landlord or Property Manager a written summary of a proposed Alteration(s) with reasonably particularized detail as to the scope and projected cost thereof, and provides Landlord with a copy of the proposed plans and specifications (provided that if the Alteration does not require a permit and is otherwise so minor in writing, except where the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations scope that it does not rise to the extent: level of requiring plans and specifications, the summary alone will suffice) for such Alteration(s), and so long as (i) the same are solely decorative total costs of such Alteration(s) in nature, including, without limitation, painting any 12 month period will be less than $25,000 and carpeting (regardless of cost), or (ii) the costs Alteration will not affect the exterior of the same do not exceed $100,000 Building, the Building's plumbing, heating, mechanical, life safety, ventilation, air conditioning, or electrical systems or the structural elements of the Building, the structural integrity of the Building or the exterior appearance of the Building, in any single instancematerial or adverse way, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non-Structural Alterations Landlord's prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances written consent shall not be requireda requirement. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterations's consent, Tenant will deliver to Landlord plans and specifications for the Consent Alterations and names and addresses of all prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant will, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, deliver to Landlord certificates evidencing the insurance coverages and copies of any bonds required by Section 8.2, copies of all necessary permits and licenses required to perform the Consent Alterationslicenses, and such other information relating to the Consent Alterations as Landlord reasonably requested requests. Tenant will not commence the Alterations before Landlord has, in issuing its Landlord's reasonable discretion provided Landlord's written approval of the foregoing deliveries. If Landlord fails to deliver to Tenant Landlord's written approval or disapproval of such Alterations within 20 Business Days after Landlord's receipt of the foregoing deliveries, Landlord will be deemed to have approved Tenant's proposed Alterations as long as (a) Tenant's deliveries regarding those proposed Alterations include a notice which specifies in bold, conspicuous language that Landlord's failure to respond to the notice within 20 Business Days of receipt will be deemed a consent to the sameAlterations proposed in the notice, and (b) Tenant's proposed Alterations will not affect the exterior of the Building, the Building's plumbing, heating, mechanical, life safety, ventilation, air conditioning, or electrical systems or the structural elements of the Building, the structural integrity of the Building or the exterior appearance of the Building, in any material or adverse way. Unless Landlord otherwise specifically agrees in writing, any Alterations that are deemed to have been approved by Landlord pursuant to the immediately preceding sentence will be removed by Tenant, at its Tenant's sole cost and expenseexpense and in accordance with the terms and conditions of this Lease, at the end of the Term. Tenant will remove any Consent Alterations Tenant constructs without obtaining Landlord’s 's approval (or deemed approval) as provided in this Article 8 within 30 10 days after Landlord’s 's written request and request. At Landlord's written request, Tenant will thereafter fully and promptly repair and restore cause the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Lawsconstruction of, and Tenant is solely responsible for ensuring such compliance. Tenant will provide Landlord with copies of “as built” drawings of such Consent Alterations completed by Tenant or Tenant’s contractorspayment for, to the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractors. Tenant will construct all Alterations or cause all Alterations to be constructed (a) in the case of Consent Alterations, made through a construction escrow at a title company reasonably designated by a general contractor that Landlord approves in its reasonable discretion, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (e) in compliance with Landlord’s commercially reasonable rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Property.

Appears in 1 contract

Samples: Lease Agreement (Brightpoint Inc)

Landlord Approval. Tenant will not make any Structural Alterations to the Premises without Landlord’s written consent, which consent may be granted or withheld in Landlord’s sole and absolute discretionany Alterations to the Common Area. Tenant will not make any other Alterations without Landlord’s prior written consent, which consent Landlord will not unreasonably withhold or delay; provided, however, that no such consent shall be required (but Landlord may require, as a condition of its consent, that Tenant must still notify Landlord or Property Manager thereof, in writing, except where remove the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations to at the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs end of the same do not exceed $100,000 Term and repair all damage caused by such removal. Landlord may also otherwise condition its consent in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be requiredits reasonable discretion. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterationsconsent, Tenant will deliver to Landlord plans and specifications for the Consent Alterations and names and addresses of all prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant willTenant, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, will deliver to Landlord certificates evidencing the for Landlord’s reasonable approval copies of all contracts, proof of insurance coverages required by Section 8.2, copies of any contractor safety programs, copies of all necessary permits and licenses required to perform the Consent Alterations, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliancerequests. Tenant will provide Landlord with copies of “as built” drawings of such Consent not commence the Alterations completed by Tenant or Tenantbefore Landlord, in Landlord’s contractorsreasonable discretion, to approves the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractorsforegoing deliveries. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed (a) in the case of Consent Alterations, promptly by a general contractor that Landlord approves in its reasonable discretionan experienced and bondable duly licensed contractor, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (e) during times that Landlord reasonably determines in order to minimize interference with other tenants’ use and enjoyment of the Building or the Shopping Center, and (f) in full compliance with all of Landlord’s commercially reasonable rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the PropertyBuildings or the Shopping Center.

Appears in 1 contract

Samples: Office Lease Agreement (Pluralsight, Inc.)

Landlord Approval. Tenant will not make any Structural Alterations to the Premises without Landlord’s written consent, which consent may be granted or withheld in Landlord’s sole and absolute discretionany Alterations to the Common Area. Tenant will not make any other Alterations without Landlord’s 's prior written consent, which consent Landlord will shall not unreasonably withhold or delaywithhold; provided, however, that no such Landlord may condition its consent shall be required (but in its reasonable discretion. Notwithstanding the foregoing, Tenant must still notify Landlord or Property Manager thereofmay make cosmetic and other non-Structural Alterations to the interior of the Premises without Landlord’s prior written consent, in writing, except where provided that that the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with total cost of any such non-Structural Alterations to the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs of the same do does not exceed $100,000 5,000.00 in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non12 calendar-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be requiredmonth period. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterations's consent, Tenant will deliver to Landlord complete plans and specifications for the Consent Alterations Alterations, and names and addresses of all will identify any prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant willTenant, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, will deliver to Landlord certificates evidencing the for Landlord's reasonable approval proof of insurance coverages required by Section 8.210(b), copies of all necessary permits and licenses required to perform the Consent Alterationslicenses, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliancerequests. Tenant will provide Landlord with copies of “as built” drawings of such Consent not commence the Alterations completed by Tenant or Tenant’s contractorsbefore Landlord, to in Landlord's reasonable discretion, approves the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractorsforegoing deliveries. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed (ai) in the case of Consent Alterations, promptly by a general contractor that Landlord approves in its reasonable discretionlicensed and properly bonded contractor, (bii) in a good and workmanlike manner, (ciii) in compliance with all Laws, (div) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (ev) in full compliance with all of Landlord’s commercially reasonable 's rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Property.

Appears in 1 contract

Samples: Sublease of Building

Landlord Approval. Tenant will not make any Structural Alterations to the Premises without Landlord’s written consent, which consent may be granted or withheld in Landlord’s sole and absolute discretionany Alterations to the Common Area. Tenant will not make any other Alterations without Landlord’s 's prior written consent, which consent Landlord will shall not unreasonably withhold or delaywithhold; provided, however, that no such Landlord may condition its consent shall be required (but in its reasonable discretion. Notwithstanding the foregoing, Tenant must still notify Landlord or Property Manager thereofmay make cosmetic and other non-Structural Alterations to the interior of the Premises without Landlord’s prior written consent, in writing, except where provided that that the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with total cost of any such non-Structural Alterations to the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs of the same do does not exceed $100,000 5,000.00 in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non12 calendar-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be requiredmonth period. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent AlterationsXxxxxxxx's consent, Tenant Xxxxxx will deliver to Landlord complete plans and specifications for the Consent Alterations Alterations, and names and addresses of all will identify any prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant willTenant, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, will deliver to Landlord certificates evidencing the for Landlord's reasonable approval proof of insurance coverages required by Section 8.210(b), copies of all necessary permits and licenses required to perform the Consent Alterationslicenses, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliancerequests. Tenant will provide Landlord with copies of “as built” drawings of such Consent not commence the Alterations completed by Tenant or Tenant’s contractorsbefore Landlord, to in Landlord's reasonable discretion, approves the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractorsforegoing deliveries. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed (ai) in the case of Consent Alterations, promptly by a general contractor that Landlord approves in its reasonable discretionlicensed and properly bonded contractor, (bii) in a good and workmanlike manner, (ciii) in compliance with all Laws, (div) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (ev) in full compliance with all of Landlord’s commercially reasonable 's rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Property.

Appears in 1 contract

Samples: Sublease of Building

Landlord Approval. Tenant will not make any Structural Alterations structural changes, structural alterations, structural additions or structural improvements, nor any improvements which either are estimated to exceed $100,000.00 for any single item or related series of items in any 12-month period or materially adversely affect Building systems (collectively “Material Alterations”) to the Premises Demised Premises, without Landlord’s written consent, which consent may will not be granted unreasonably withheld, delayed or withheld in Landlord’s sole and absolute discretionconditioned if such Material Alterations do not materially reduce the value or integrity of the Building, nor materially impair its utility as an office building for a single user, nor materially decrease the useful life of the Building, nor materially decrease the market value of the Building. Tenant will not may make any other change, alteration, addition or improvement to the Demised Premises (“Non-Material Alterations”; Non-Material Alterations and Material Alterations are sometimes hereinafter collectively referred to as “Alterations”) without Landlord’s prior written consent, which and subject to the applicable requirements of this Lease, provided that Tenant shall give prompt written notice to Landlord that Tenant has made, or plans to make, any Non-Material Alterations. Landlord may require, as a condition of and at the time it gives its consent to any Material Alterations that Tenant remove the Material Alterations at the end of the Term and repair all damage caused by such removal. In addition, Landlord will not unreasonably withhold may require, by written notice given to Tenant within thirty (30) days following receipt of written notice from Tenant that Tenant has made, or delay; providedplans to make, howeverany Non-Material Alterations, that no such consent shall be required (but Tenant must still notify Landlord or Property Manager thereof, in writing, except where remove the other Non-Material Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations to at the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs end of the same do not exceed $100,000 in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform Term and repair all damage caused by such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be requiredremoval. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to consent, when required, and in any Consent event before undertaking any Non-Material Alterations or Material Alterations, Tenant will deliver to Landlord plans and specifications for the Consent Alterations and names and addresses of all prospective contractors for the Alterations. In addition, in connection with any Consent Alterations If Landlord is required to approve and approves the proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant willTenant, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, will deliver to Landlord certificates evidencing the for Landlord’s reasonable approval copies of all contracts, proof of insurance coverages required by Section 8.219.2, copies of any contractor safety programs, copies of all necessary permits and licenses required to perform the Consent Alterations, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliancerequests. Tenant will provide Landlord with copies of “as built” drawings of such Consent not commence the Alterations completed by Tenant or Tenantbefore Landlord, in Landlord’s contractorsreasonable discretion, to approves the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractorsforegoing deliveries. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed (a) in the case of Consent Alterations, promptly by a general contractor that Landlord approves in its writing in Landlord’s reasonable discretion, (b) in a good and workmanlike manner, (c) in compliance with all Lawsapplicable laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Demised Premises and any other body exercising similar functions, and (e) during times that Landlord reasonably determines in compliance order to minimize interference with Landlord’s commercially reasonable rules occupants of surrounding properties. Anything herein to the contrary notwithstanding, Tenant shall not be required to furnish plans (to the extent plans are not required by or submitted to the applicable governmental authority having jurisdiction) or copies of contracts with respect to any Non-Material Alterations but shall otherwise comply with the conditions and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Propertylimitations set forth in this Section 19.1.

Appears in 1 contract

Samples: Lease Agreement (Church & Dwight Co Inc /De/)

Landlord Approval. The Tenant will shall not make any Structural Alterations alteration, improvement or addition (collectively "Alterations") to the Premises without first (a) presenting to the Landlord plans and specifications therefor and obtaining the Landlord’s 's written consent, consent thereto (which consent may be granted or withheld in Landlord’s sole and absolute discretion. Tenant will not make any other Alterations without Landlord’s prior written consent, which consent Landlord will not unreasonably withhold or delay; provided, however, that no such consent shall be required (but Tenant must still notify Landlord or Property Manager thereofnot, in writing, except where the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations to the extent: case of (i) the same are solely decorative non-structural interior Alterations (excluding systems furniture alteration and non-structural alterations less than $7,500 in nature, including, without limitation, painting and carpeting (regardless of costeach instance), or (ii) Alterations which would not affect any electrical, mechanical, plumbing or other Building systems, be unreasonably withheld so long as such Alterations will not violate applicable law or the costs provisions of this Lease, or impair the value of the same do not exceed $100,000 in Premises, the Building or the rest of the Property or be visible from the exterior of the Building) and (b) obtaining any single instanceand all governmental permits or approvals for such Alterations, but in which are required by applicable law; provided, that (i) any and all contractors or workmen performing such Alterations must first be approved by the case of this clause Landlord, (ii) all work is performed in a good and workmanlike manner in compliance with all applicable codes, rules, regulations and ordinances, and (iii) the Tenant will provide Landlord with notice shall restore the Premises to its condition immediately before such Alterations were made, by not later than the date on which the Tenant vacates the Premises or the Termination Date, whichever is earlier. The Tenant, at its own expense, shall repair promptly any damage to the Building caused by bringing therein any property for its use, or by the installation or removal of such property, regardless of fault or by whom such damage is caused. As a condition for approving any Alterations on the Premises by the Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be required. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterations, Tenant will deliver to Landlord plans and specifications for the Consent Alterations and names and addresses of all prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent require the Tenant, or the Tenant's contractor, to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): furnish a bond in an amount equal to the estimated cost of construction with a corporate surety approved by the Landlord for (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or construction and (ii) payment and performance bonds in an amount not less than the full cost indemnification of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of and the same from Tenant (Tenant, as their interests may appear, against liens for labor and materials, which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord bond shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (furnished before any work has begun or is deemed to have approved) the proposed Consent Alterations, Tenant will, before commencing the Consent Alterations, deliver to Landlord certificates evidencing the insurance coverages required by Section 8.2, copies of all necessary permits and licenses required to perform the Consent Alterations, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliance. Tenant will provide Landlord with copies of “as built” drawings of such Consent Alterations completed by Tenant or Tenant’s contractors, to the extent that the Consent Alterations in question materials are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractors. Tenant will construct all Alterations or cause all Alterations to be constructed (a) in the case of Consent Alterations, by a general contractor that Landlord approves in its reasonable discretion, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (e) in compliance with Landlord’s commercially reasonable rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Propertydelivered.

Appears in 1 contract

Samples: Gse Systems Inc

Landlord Approval. Tenant will not make any Structural Alterations to the Premises without Landlord’s written consent, which consent may be granted or withheld in Landlord’s sole and absolute discretionAlterations. Tenant will not make any other Alterations, unless the cost of such Alterations is less than $25,000, without Landlord’s 's prior written consent, which consent Landlord will not unreasonably may grant, withhold or delay; provided, however, that no such consent shall be required (but Tenant must still notify Landlord or Property Manager thereof, condition in writing, except where the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations to the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs of the same do not exceed $100,000 in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be requiredits reasonable discretion. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterations's consent, Tenant will deliver to Landlord plans and specifications for the Consent Alterations and names and addresses of all prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if If Landlord fails to deliver any such notice respond to Tenant's request for consent to Alterations within such 10-seven Business Day periodDays, Tenant may deliver a second written notice to then Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall will be conclusively deemed to have consented to approved the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant will, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, deliver to Landlord copies of all contracts, certificates evidencing of insurance and certified copies of all endorsements for the insurance coverages required by Section 8.2, copies of any contractor safety programs, copies of all necessary permits and licenses required to perform the Consent Alterations, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliancerequests. Tenant will provide not commence the Alterations before Landlord with copies of “as built” drawings of such Consent Alterations completed by Tenant or Tenant’s contractorshas, to the extent that the Consent Alterations in question are Landlord's reasonable discretion, provided Landlord's written approval of the type for which “as built” drawings are customarily preparedforegoing deliveries; provided, promptly after if Landlord does not respond to such drawings are prepared by Tenant’s contractorsdeliveries within seven Business Days, then Landlord will be deemed to have approved them. Tenant will construct all approved Alterations (or Alterations not requiring Landlord's approval) or cause all approved Alterations (or Alterations not requiring Landlord's approval) to be constructed (a) in the case of Consent Alterations, promptly by a general contractor approved by Landlord in writing (provided that Landlord approves in its reasonable discretionneed not approve the contractor if the Alterations will cost less than $25,000), (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance a manner that will minimize interference with all orders, rules other tenants' use and regulations enjoyment of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functionsProperty, and (e) in full compliance with all of Landlord’s commercially reasonable 's rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Property.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Fund Xiii L P)

Landlord Approval. Tenant will not make any Structural Alterations to the Premises without Landlord’s written consent, which consent may be granted or withheld in Landlord’s sole and absolute discretionany Alterations to the Common Area. Tenant will not make any other Alterations without Landlord’s prior written consent, which consent Landlord will not unreasonably withhold or delay; provided, however, that no such consent shall be required (but Landlord may require, as a condition of its consent, that Tenant must still notify Landlord remove all or Property Manager thereof, in writing, except where the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations to the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs portion of the same do not exceed $100,000 in any single instance, but in Alterations at the case end of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform the Term and repair all damage caused by such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be requiredremoval. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterationsconsent, Tenant will deliver to Landlord plans and specifications for the Consent Alterations and names and addresses of all prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant willTenant, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, will deliver to Landlord certificates evidencing the for Landlord’s reasonable approval copies of all contracts, proof of insurance coverages required by Section 8.29.2, copies of any contractor safety programs, copies of all necessary permits and licenses required to perform the Consent Alterations, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliancerequests. Tenant will provide Landlord with copies of “as built” drawings of such Consent not commence the Alterations completed by Tenant or Tenantbefore Landlord, in Landlord’s contractorsreasonable discretion, to approves the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractorsforegoing deliveries. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed (a) in the case of Consent Alterations, promptly by a general contractor that Landlord approves licensed and bondable contractor, experienced in its reasonable discretionconstruction of improvements of the type and character contemplated by such Alterations, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (e) during times that Landlord reasonably determines in order to minimize interference with other tenants’ use and enjoyment of the Property, and (f) in full compliance with all of Landlord’s commercially reasonable rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Property. Notwithstanding the foregoing: Landlord shall provide its consent to Tenant’s proposed Alterations as long as (a) no Event of Default has occurred and is continuing under this Lease and Tenant makes the deliveries contemplated by this Section 9.1, and (b) such Alterations to the Premises are cosmetic or decorative in nature, do not affect the mechanical, electrical or structural systems of the Building or the exterior of the Building, do not require the issuance of a building permit, and are estimated to cost less than One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) in the aggregate during any calendar year.

Appears in 1 contract

Samples: Office Lease Agreement (Digital River Inc /De)

Landlord Approval. Tenant will not make any Structural Alterations to the Premises without Landlord’s written consentAlterations, all of which consent may will be granted or withheld made by Landlord as provided in Landlord’s sole and absolute discretionSection 7.2.2. Except as hereafter provided, Tenant will not make any other Alterations without Landlord’s 's prior written consent, which consent Landlord will not unreasonably may grant, withhold or delay; provided, however, that no such consent shall be required (but Tenant must still notify Landlord or Property Manager thereof, condition in writing, except where the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations to the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs of the same do not exceed $100,000 in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be requiredits reasonable discretion. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterations's consent, Tenant will deliver to Landlord plans and specifications for the Consent Alterations and names and addresses of all prospective contractors for the Alterations. In additionDepending on the type of Alteration for which Landlord's consent is being sought, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregateif Landlord reasonably deems it necessary, as a condition to Landlord's approval, Landlord shall have may require the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion review of the Alterations, proposed plans and specifications by a third party consultant(s) or (ii) payment and performance bonds in an amount not less than the full cost by qualified employees of the Alterationsproperty manager, if any. The reasonable costs and expenses incurred by Landlord to third party consultants (including affiliated property managers, but only if the salary of such property manager's employee making the review is not a part of Operating Expenses) shall be paid by Tenant. Landlord itself shall deliver notice of not charge a fee for its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice review of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, proposed Alteration plans and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterationsspecifications. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant will, before commencing delivering or accepting delivery of any materials to be used in connection with the Consent Alterations, deliver to Landlord certificates evidencing the for Landlord's reasonable approval copies of all contracts, proof of insurance coverages required by Section 8.2, copies of any contractor safety programs, copies of all necessary permits and licenses required to perform the Consent Alterations, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the samerequests. Tenant, at its sole cost and expense, will remove any Consent For those Alterations Tenant constructs without obtaining requiring Landlord’s approval as provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliance's consent. Tenant will provide Landlord with copies of “as built” drawings of such Consent not commence the Alterations completed by Tenant or Tenant’s contractors, to the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractorsbefore obtaining Landlord's approval. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed (a) in the case of Consent Alterations, promptly by a general contractor that Landlord approves in its writing in Landlord's reasonable discretion, (b) in a good and workmanlike manner, . (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (e) in full compliance with all of Landlord’s commercially reasonable 's rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the PropertyProperty which are generally applicable to all office tenants of the Building and which are reasonable in content. Notwithstanding the foregoing, provided no Structural Alterations are required, Tenant shall not be required to obtain Landlord's prior written consent for (i) Alterations consisting of painting, other wall coverings or installing or replacing floor coverings, and (ii) other Alterations (excluding Structural Alterations) the reasonably estimated costs of which does not exceed $25,000.00 in the aggregate of reasonably concurrent Alterations.

Appears in 1 contract

Samples: Multitenant Office Deed of Lease Agreement (Sm&a Corp)

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Landlord Approval. Tenant will not make any Structural Alterations to the Leased Premises or any Alterations to the Common Areas, without Landlord’s prior written consent, which consent may be granted or withheld in Landlord’s sole and absolute discretion. Tenant will not make any other Alterations without Landlord’s prior written consent, which consent Landlord will not unreasonably withhold withhold, condition or delay; provided, however, that no Landlord may require, as a condition of its consent, that Tenant remove the Alterations at the end of the Lease Term and repair all damage caused by such consent shall be required (but Tenant must still notify Landlord or Property Manager thereof, in writing, except where the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations removal. Notwithstanding anything to the extent: (i) contrary contained herein, Tenant shall have the same are solely decorative in nature, includingright, without limitation, painting and carpeting (regardless of cost), or (ii) the costs of the same do not exceed $100,000 in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be required. Any Alterations which require Landlord’s consent hereunder are referred and in compliance with all other provisions of this Section, to herein as “Consent Alterations.” make any non-structural alterations to the Leased Premises which do not materially impact the Buildings mechanical or electrical systems, do not adversely affect the Building’s appearance or value, and the cost of which does not exceed Fifteen Thousand Dollars ($15,000.00) per project, provided that Tenant gives Landlord fifteen (15) business days prior written notice of any such alterations, along with copies of plans and specifications related thereto. Along with any request for Landlord’s consent to any Consent Alterationsconsent, Tenant will deliver to Landlord plans and specifications for the Consent Alterations and names and names, addresses of all prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant willTenant, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, will deliver to Landlord certificates evidencing the for Landlord’s reasonable approval copies of all contracts, proof of insurance coverages required by Section 8.27.03(b), copies of any contractor safety programs, copies of all necessary permits and licenses required to perform the Consent Alterations, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliancerequests. Tenant will provide Landlord with copies of “as built” drawings of such Consent not commence the Alterations completed by Tenant or Tenantbefore Landlord, in Landlord’s contractorsreasonable discretion, to approves the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractorsforegoing deliveries. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed (ai) in the case of Consent Alterations, promptly by a general contractor that Landlord approves in its writing in Landlord’s reasonable discretion, (bii) in a good and workmanlike manner, (ciii) in compliance with all Lawsapplicable laws, regulations and building codes, (div) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Leased Premises and any other body exercising similar functions, (v) during times that Landlord reasonably determines in order to minimize interference with other tenants’ use and enjoyment of the Building, and (evi) in full compliance with all of Landlord’s commercially reasonable rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Property. For purposes hereof, “Alterations” means any changes, alterations, additions or improvements to any portion of the Leased Premises or the Building, and “Structural Alterations” means any Alterations involving the structural, mechanical, electrical, plumbing, fire/life safety or heating, ventilating and air conditioning systems of the Building.

Appears in 1 contract

Samples: Office Lease (Aerpio Pharmaceuticals, Inc.)

Landlord Approval. Tenant will not make any Structural Alterations to the Premises without Landlord’s written consent, which consent may be granted or withheld in Landlord’s sole and absolute discretionany Alterations to the Common Areas. Tenant will not make any other Alterations without Landlord’s prior written consent, which consent Landlord will not unreasonably withhold or delay; provided, however, that no such consent shall be required (but Landlord may require, as a condition of its consent, that Tenant must still notify Landlord or Property Manager thereof, in writing, except where remove the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations to at the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs end of the same do not exceed $100,000 Term and repair all damage caused by such removal. Landlord may also otherwise condition its consent in any single instanceits reasonable discretion and take into account the cost of Landlord’s insuring the Alterations under Section 10.2.1, but in the case of this clause and to what extent (iiif any) Tenant will provide Landlord with notice of be required to contribute to such cost directly (as opposed to through Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case Share of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be requiredExpenses). Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for LandlordXxxxxxxx’s consent to any Consent Alterationsconsent, Tenant will deliver to Landlord a Tenant Work Permit application (the form of which is available at xxxxx://xxx.xxxxxxxxxxxx.xxx/tenant-work-permits), plans and specifications for the Consent Alterations and names and names, addresses of all prospective contractors for the Alterations. In addition, and cost information necessary in connection with any Consent Alterations proposed by Tenant that would determining the cost in excess of $250,000 in Landlord’s insuring the aggregatesame, Landlord shall have the right to condition its consent to as described above (which cost information will be updated and confirmed for such Consent Alterations purpose upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations). If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant willTenant, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, will deliver to Landlord certificates evidencing the for Landlord’s reasonable approval copies of all contracts, proof of insurance coverages required by Section 8.2, copies of any contractor safety programs, copies of all necessary permits and licenses required to perform the Consent Alterations, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliancerequests. Tenant will provide Landlord with copies of “as built” drawings of such Consent not commence the Alterations completed by Tenant or Tenantbefore Landlord, in Landlord’s contractorsreasonable discretion, to approves the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractorsforegoing deliveries. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed (a) in the case of Consent Alterations, promptly by a general contractor that Landlord approves in its writing in Landlord’s commercially reasonable discretion, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters any local, state or federal entity having jurisdiction over the Premises and any other body exercising similar functions, and (e) during times that Landlord reasonably determines in order to minimize interference with other tenants’ use and enjoyment of the Property, and (f) in full compliance with all of Landlord’s commercially reasonable rules and regulations applicable to third third-party contractors, subcontractors and suppliers performing work at the Property. Notwithstanding the foregoing, however, Landlord’s consent shall not be required for any Alteration that is not a Structural Alteration that does not adversely affect any Building systems and that costs $56,000 or less on a per project basis, or purely cosmetic or decorative changes to the Premises. In addition, subject to Landlord’s reasonable plan approval, Tenant shall have the right to install an aiphone and card reader at all entry doors, and a supplemental HVAC system within the Premises.

Appears in 1 contract

Samples: Office Lease Agreement

Landlord Approval. Tenant will not make any Structural Alterations to the Premises without Landlord’s written consent, which consent may be granted or withheld in Landlord’s sole and absolute discretionany Alterations to the Common Area. Tenant will not make any other Alterations without Landlord’s 's prior written consent, which consent Landlord will not unreasonably withhold or delay; provided, however, that no such consent shall be required (but Tenant must still notify Landlord or Property Manager thereof, may impose conditions in writing, except where the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations to the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs of the same do not exceed $100,000 in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be requiredits reasonable discretion. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterations's consent, Tenant will deliver to Landlord plans and specifications for the Consent Alterations and names and addresses of all prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant willTenant, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, will deliver to Landlord certificates evidencing the for Landlord's reasonable approval copies of all contracts, proof of insurance coverages required by Section 8.2, copies of any contractor safety programs, copies of all necessary permits and licenses required to perform the Consent Alterations, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliancerequests. Tenant will provide Landlord with copies of “as built” drawings of such Consent not commence the Alterations completed by Tenant or Tenant’s contractorsbefore Landlord, to in Landlord's reasonable discretion, approves the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractorsforegoing deliveries. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed (a) in the case of Consent Alterations, promptly by a general contractor that Landlord approves in its writing in Landlord's reasonable discretion, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (e) in full compliance with all of Landlord’s commercially reasonable 's rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Property.

Appears in 1 contract

Samples: Office Lease Agreement (Airspan Networks Inc)

Landlord Approval. Tenant will not make any Structural Alterations to the Premises without Landlord’s written consent, which consent may be granted or withheld in Landlord’s sole and absolute discretionany Alterations to the Common Area. Tenant will not make any other Alterations without Landlord’s 's prior written consent, which consent Landlord will not unreasonably withhold or delay; provided, however, that no such consent shall be required (but Landlord may require, as a condition of its consent, that Tenant must still notify Landlord or Property Manager thereof, in writing, except where remove the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations to at the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs end of the same do not exceed $100,000 Term and repair all damage caused by such removal. Landlord may also otherwise condition its consent in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be requiredits reasonable discretion. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterations's consent, Tenant will deliver to Landlord plans and specifications for the Consent Alterations and names and addresses of all prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant willTenant, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, will deliver to Landlord certificates evidencing the for Landlord's reasonable approval copies of all contracts, proof of insurance coverages required by Section 8.2, copies of any contractor safety programs, copies of all necessary permits and licenses required to perform the Consent Alterations, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliancerequests. Tenant will provide Landlord with copies of “as built” drawings of such Consent not commence the Alterations completed by Tenant or Tenant’s contractorsbefore Landlord, to in Landlord's reasonable discretion, approves the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractorsforegoing deliveries. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed (a) in the case of Consent Alterations, promptly by a general contractor that Landlord approves in its reasonable discretionan experienced and bondable duly licensed contractor, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (e) during times that Landlord reasonably determines in order to minimize interference with other tenants' use and enjoyment of the Building or the Shopping Center, and (f) in full compliance with all of Landlord’s commercially reasonable 's rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the PropertyBuildings or the Shopping Center.

Appears in 1 contract

Samples: Office Lease Agreement (Pluralsight, Inc.)

Landlord Approval. Tenant will not make any Structural Alterations to the Premises without Landlord’s written consentor any Alterations outside of the Premises. Tenant may from time to time during the Term make, which consent at its own cost and expense, any reasonable nonstructural Alterations in the interior of the Premises, provided that such Alterations do not affect any building systems (including HVAC, electrical, and plumbing) and the aggregate cost therefor in any one instance does not exceed Dollars ($ ) and provided further the Alterations are not visible from the exterior of the Premises. Any nonstructural Alteration that: (a) is visible from the exterior of the Premises (regardless of the cost thereof); or (b) exceeds Dollars ($ ) in costs, may be granted or withheld in Landlord’s sole and absolute discretion. Tenant will not make any other Alterations without made only with Landlord’s prior written consent, which consent Landlord will not be unreasonably withhold withheld, delayed or delay; provided, however, that no such consent shall be required (but Tenant must still notify Landlord or Property Manager thereof, in writing, except where the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations to the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs of the same do not exceed $100,000 in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be requiredconditioned. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterationsconsent, Tenant will deliver to Landlord plans and specifications for the Consent Alterations and names and addresses of all prospective contractors for the Alterations. In addition, Tenant will use contractors reasonably designated or approved by Landlord to perform any and all work on or in connection with any Consent Alterations proposed by Tenant that would cost in excess the roof, roof membrane, sprinkler/fire alarm system, and electrical, mechanical, plumbing, heating and air conditioning systems and other building systems and equipment of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay or for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent AlterationsPremises. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant willTenant, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, will deliver to Landlord certificates evidencing the Landlord, for Landlord’s reasonable approval, copies of all contracts, proof of insurance coverages required by under Section 8.28.3, copies of any contractor safety programs, copies of all necessary permits and licenses required to perform the Consent Alterations, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliancerequests. Tenant will provide Landlord with copies of “as built” drawings of such Consent not commence any Alterations completed by before Landlord, in Landlord’s reasonable discretion, approves the foregoing deliveries. All Alterations Tenant or Tenant’s contractors, to the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractors. Tenant makes hereunder will construct all Alterations or cause all Alterations to be constructed (a) in the case of Consent Alterations, promptly by a general contractor that Landlord approves approved in its reasonable discretionwriting by Landlord, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules free of any liens for labor and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functionsmaterials, and (e) in full compliance with any reasonable requirements Landlord may impose, including maintenance by Tenant of adequate liability and workmen’s compensation insurance. Any Alterations not requiring Landlord’s commercially reasonable rules consent under this Section 8.1 is herein referred to as a “Minor Change.” Tenant will provide written notice to Landlord of any Minor Change and regulations applicable a reasonably detailed description of the same not less than fifteen (15) days prior to third party contractorsmaking such Minor Change, subcontractors and suppliers performing work at which notice may be given by email to the PropertyProperty Manager, provided that such email is sent read receipt requested.

Appears in 1 contract

Samples: Project Office Lease Agreement

Landlord Approval. Tenant will not make any Structural Major Alterations to the Premises without Landlord’s prior written consent, which consent Landlord may be granted grant, withhold or withheld condition in Landlord’s sole and absolute discretion. Tenant will not make any other Alterations without Landlord’s prior written consent, which consent Landlord will not unreasonably condition or withhold or delay; provided, however, that no such consent (and shall be required (but Tenant must still notify Landlord granted or Property Manager thereof, in writing, except where the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations to the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs of the same do not exceed $100,000 in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice denied within ten Business Days of Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be requiredwritten request therefor). Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterationsconsent, Tenant will deliver to Landlord plans and specifications for the Consent Alterations and names and addresses of all prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant will, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, deliver to Landlord certificates evidencing the insurance coverages and copies of any bonds required by Section 8.2, copies of all necessary permits and licenses required to perform the Consent Alterationslicenses, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent requests. Tenant will not commence the Alterations before Landlord has provided Landlord’s written approval of the foregoing deliveries (or has failed to provide such written approval within ten Business Days after Tenant’s delivery of the sameforegoing). Tenant, at its sole cost and expense, Tenant will remove any Consent Alterations that Tenant constructs without obtaining Landlord’s approval (to the extent required hereunder) as provided in this Article 8 within 30 days ten Business Days after Landlord’s written request and request, unless Landlord has notified Tenant, in writing, that such removal will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2not be required. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliance. Tenant will provide Landlord with copies of “as built” drawings of such Consent Alterations completed by Tenant or Tenant’s contractors, Notwithstanding anything herein to the extent contrary, Tenant may make Alterations (that the Consent Alterations in question are of the type for which “as built” drawings are customarily preparednot Major Alterations) without obtaining Landlord’s ‘prior written consent, promptly after such drawings are prepared by Tenant’s contractors. Tenant will construct all Alterations or cause all Alterations to be constructed provided that (a) the aggregate costs of such Alterations do not exceed $500,000.00 in any one calendar year, or $2,000,000.00 during the case of Consent AlterationsTerm, by a general contractor that Landlord approves in its reasonable discretion, and (b) in Tenant has delivered prior written notice of such Alterations to Landlord, as well as the budget and costs thereof, together with a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations copy of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functionsplans therefor (in cases where plans or a permit are required). Further, Landlord’s consent shall not be required with respect to cosmetic changes (such as changing carpets, floor coverings, wall coverings, and (e) in compliance with Landlord’s commercially reasonable rules paint, cabling and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Propertywiring).

Appears in 1 contract

Samples: Warehouse Lease Agreement (Honest Company, Inc.)

Landlord Approval. Tenant will not make any Structural Major Alterations to the Premises without Landlord’s written consent, which consent may be granted or withheld in Landlord’s sole and absolute discretion. Tenant will not make any other Alterations without Landlord’s prior written consent, which consent Landlord will not unreasonably withhold withhold, condition or delay; provided. Without Landlord’s prior consent, however, that no such consent Tenant shall be required (but Tenant must still notify Landlord or Property Manager thereofentitled to make cosmetic, in writing, except where the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural structural Alterations to the extent: Premises which (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or do not constitute Major Alterations; (ii) do not reduce the costs overall quality of the same leasehold improvements in the Premises; and (iii) do not exceed exceed, either singularly or in the aggregate, more than One Hundred Thousand and No/100 Dollars ($100,000 100,000.00) in any single instancetwelve (12) month period (collectively, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be requireda “Permitted Change”). Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterationsconsent, Tenant will deliver to Landlord plans and specifications specifications, to the extent applicable, for the Consent Alterations and names and addresses of all prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant will, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, deliver to Landlord certificates evidencing the insurance coverages and copies of any bonds required by Section 8.2, copies of all necessary permits and licenses required to perform the Consent Alterationslicenses, and such other information relating to the Consent Alterations as Landlord reasonably requests. Tenant will not commence the Alterations before Landlord has, in Landlord’s reasonable discretion, provided Landlord’s written approval of the foregoing deliveries. In any event, Landlord shall deliver its written approval or disapproval of any requested Alterations not later than ten (10) days after Tenant has provided all necessary information required in issuing accordance with the immediately preceding sentence, and if Landlord fails to approve or disapprove said requested Alterations within said ten (10) day period, Tenant may provide a second notice requesting approval, and if Landlord fails to approve or disapprove of the requested Alterations or Major Alterations within five (5) days following receipt of such second notice, Landlord shall be deemed to have granted its consent approval to the same. Except for any Permitted Change, Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 thirty (30) days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliance. Tenant will provide Landlord with copies of “as built” drawings of such Consent Alterations completed by Tenant or Tenant’s contractors, to the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractors. Tenant will construct all Alterations or cause all Alterations to be constructed (a) in the case of Consent Alterations, by a general contractor that Landlord approves in its reasonable discretion, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (e) in compliance with Landlord’s commercially reasonable rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Property.

Appears in 1 contract

Samples: Office Lease Agreement (Fender Musical Instruments Corp)

Landlord Approval. Tenant will not make any Structural Alterations to the Premises without Landlord’s written consent, which consent may be granted or withheld in Landlord’s sole and absolute discretionPremises. Tenant will not make any other Alterations without Landlord’s prior written consent, which consent Landlord will shall not unreasonably withhold or delaywithhold; provided, however, that no such Landlord may condition its consent shall be required (but in its reasonable discretion. Notwithstanding the foregoing, Tenant must still notify Landlord or Property Manager thereofmay make Alterations costing less than $10,000 per year without Landlord’s consent, in writing, except where so long as the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-not Structural Alterations to the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs of the same do not exceed $100,000 in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be requiredAlterations. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterationsconsent, Tenant will deliver to Landlord complete plans and specifications for the Consent Alterations Alterations, and names and addresses of all will identify any prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant willTenant, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, will deliver to Landlord certificates evidencing the for Landlord’s reasonable approval proof of insurance coverages required by Section 8.2, copies of all necessary permits and licenses required to perform the Consent Alterationslicenses, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliancerequests. Tenant will provide Landlord with copies of “as built” drawings of such Consent not commence the Alterations completed by Tenant or Tenantbefore Landlord, in Landlord’s contractorsreasonable discretion, to approves the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractorsforegoing deliveries. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed (a) in the case of Consent Alterations, promptly by a general contractor that Landlord approves in its reasonable discretionlicensed and properly bonded contractor, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (e) in full compliance with all of Landlord’s commercially reasonable rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Property.

Appears in 1 contract

Samples: Lease Agreement (Xata Corp /Mn/)

Landlord Approval. Tenant will shall not make make, or suffer to be made, any Structural Alterations alterations, improvements or additions in, on, or about, or to the Premises or any part thereof without the prior written approval of Landlord’s written consent, which consent may approval shall not be granted unreasonably withheld or withheld delayed. Subject to this Section 10.2, Landlord conceptually approves Tenant's significant augmentation of the network room and network cabling in Landlord’s sole and absolute discretionthe Premises. Tenant will shall submit to Landlord two sets of design drawings for Landlord's review and approval prior to start of work. Landlord's consent shall be affixed or attached to one set of the drawings and returned to the Tenant. Said Landlord consent is not make any other Alterations without Landlord’s prior written consentrequired for the physical attachment or utility hook-up of Tenant's personal property, which consent Landlord will not unreasonably withhold fixtures, or delay; providedequipment on the Premises, however, that no Tenant shall restore damaged surfaces following the removal of these items at the expiration of the Lease, nor is such Landlord consent required for routine repairs to the Premises' utility systems provided they do not compromise the performance of such systems and meet established practices and code requirements. If Landlord consents to Tenant's making any alterations, improvements, or additions, Tenant shall be required responsible for notifying Landlord at least (but Tenant must still notify 3) business days before work can begin for Landlord or Property Manager thereof, in writing, except where the other Alterations are de minimisto post notice of non- responsibility, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations to the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs of the same do not exceed $100,000 in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be required. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterations, Tenant will deliver to Landlord plans and specifications for the Consent Alterations and names and addresses of all prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the remain posted until completion of the Alterationsalterations, additions or (ii) payment and performance bonds in an amount not less than the full cost of the Alterationsimprovements. Landlord shall deliver notice of its consent If any alteration, addition or withholding of consent in connection with any Consent Alterations proposed change requested by Tenant within 10 Business Days after and approved by Landlord receives notice results in a requirement of the same from Tenant (which notice any law, regulation, ordinance, order of Landlord shallany public agency, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant will, before commencing the Consent Alterations, deliver to Landlord certificates evidencing the insurance coverages required by Section 8.2, copies of all necessary permits and licenses required to perform the Consent Alterations, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided shall promptly make the same in accordance with the provisions of this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition10, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliance. Tenant will provide Landlord with copies of “as built” drawings of such Consent Alterations completed by Tenant or Tenant’s contractors, to the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractors. Tenant will construct all Alterations or cause all Alterations to be constructed (a) except in the case of Consent Alterationssuch an alteration, by et al being required in the absence of any Tenant alteration during the Term, in which case Landlord shall be solely responsible for making the required alteration. At the completion of an alteration or addition, Tenant shall submit to Landlord's Palo Alto engineering department a general contractor that Landlord approves in its reasonable discretion, (b) in a good and workmanlike manner, (c) in compliance complete record "as-built" set of blue print drawings which accurately depict the new conditions together with all Laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (e) in compliance with Landlord’s commercially reasonable rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Propertyconcealed work.

Appears in 1 contract

Samples: Lease Agreement (Noosh Inc)

Landlord Approval. Tenant will not make any Structural Alterations to the Premises without Landlord’s written consent, which consent may be granted or withheld in Landlord’s sole and absolute discretionCommon Area. Tenant will not make any other Alterations without Landlord’s 's prior written consent, which consent Landlord will not unreasonably withhold or delay; provided, however, that no such Landlord may impose conditions upon its consent shall be required (but Tenant must still notify Landlord or Property Manager thereof, in writing, except where the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations to the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs of the same do not exceed $100,000 in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be requiredits reasonable discretion. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterations's consent, Tenant will deliver to Landlord plans and specifications for the Consent Alterations and names and addresses of all prospective contractors for the Alterations. In additionIf Landlord approves the proposed Alterations, Tenant, before delivering or accepting delivery of any materials to be used in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant will, before commencing the Consent Alterations, will deliver to Landlord certificates evidencing the for Landlord's reasonable approval copies of all contracts, proof of insurance coverages required by Section 8.2, copies of any contractor safety programs, copies of all necessary permits and licenses required to perform the Consent Alterations, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to requests. Tenant will not commence the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without before obtaining Landlord’s 's approval as provided in this Article 8 within 30 days after of the foregoing. Landlord’s written request 's approval of plans and specifications for any Alterations will thereafter fully and promptly repair and restore the Premises and Property not be construed to its previous condition, subject to Section 10.3.2. No approval constitute a representation or inspection of Alterations warranty by Landlord constitutes any representation or agreement by Landlord that the Alterations comply as to compliance with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliance. Tenant will provide Landlord with copies of “as built” drawings of such Consent Alterations completed by Tenant or Tenant’s contractors, to the extent that the Consent Alterations in question are structural, engineering or other design of the type for which “Premises or the Property or as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractorsto the quality or fitness of any materials used. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed (a) in the case of Consent Alterations, promptly by a general contractor that Landlord approves in its reasonable writing in Landlord's sole discretion, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (e) in full compliance with all of Landlord’s commercially reasonable 's rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Property. Notwithstanding the foregoing, provided Tenant notifies Landlord 10 days prior to commencing any work permitted by this paragraph, Tenant will be permitted to perform Alterations which are in keeping with the standards of the Premises and do not materially or adversely affect the structural, electrical or mechanical systems of the Premises or the Building and which do not cost more than $50,000 for an individual change, and which do not in the aggregate cost more than $150,000 per project, without the necessity of having to obtain Landlord's consent but otherwise subject to all of the foregoing provisions of this section except the third and fourth sentences and in clause (a) of the last sentence of the first paragraph of this section. Each of the amounts set forth in this paragraph will be adjusted on the first day of each Lease Year by the change in the CPI for the calendar month two months before the first day of the Lease Year, compared to the CPI for the month two months before the first calendar month of the Term. Within 30 days after substantially completing the installation of any Alteration, whether the Alterations require Landlord's prior consent pursuant to the foregoing of this section, Tenant will deliver to Landlord "as-built" drawings showing all changes to the Premises or the Building.

Appears in 1 contract

Samples: Office Lease Agreement (Blue Nile Inc)

Landlord Approval. Tenant will not make any Structural Alterations to the Premises without Landlord’s written consent, which consent may be granted or withheld in Landlord’s sole and absolute discretionany Alterations to the Common Area. Tenant will not make any other Alterations without Landlord’s prior written consent, which consent Landlord will not unreasonably withhold or delay; provided, . Provided however, without Landlord’s prior written consent, Tenant may make Alterations that no such consent shall be required (but Tenant must still notify Landlord or Property Manager thereof, in writing, except where the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations to the extent: do not (i) require the same are solely decorative in natureissuance of any permit, includingauthorization or approval under the Laws, without limitation, painting and carpeting (regardless of cost), or (ii) the costs exceed an estimated cost per project to complete of the same do not $25,000.00, and (iii) exceed a total expenditure within any twelve (12) month period of $100,000 25,000.00. Landlord may impose conditions to consent in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be requiredits reasonable discretion. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterationsconsent, Tenant will deliver to Landlord plans and specifications for the Consent Alterations and names and addresses of all prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant willTenant, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, will deliver to Landlord certificates evidencing the for Landlord’s reasonable approval copies of all contracts, proof of insurance coverages required by Section 8.2, copies of any contractor safety programs, copies of all necessary permits and licenses required to perform the Consent Alterations, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliancerequests. Tenant will provide not commence the Alterations before Landlord, in Landlord’s reasonable discretion, approves the foregoing deliveries; provided however, Landlord with copies will be deemed to have approved the deliveries in the event Landlord does not deliver to Tenant a written notice of “as built” drawings of such Consent Alterations completed by Tenant or Tenant’s contractors, disapproval within ten (10) Business Days after the date the foregoing deliveries are delivered to the extent that the Consent Alterations in question are of the type Landlord for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractorsapproval. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed (a) in the case of Consent Alterations, promptly by a general contractor that Landlord approves in its reasonable writing in Landlord’s sole and absolute discretion, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (e) in full compliance with all of Landlord’s commercially reasonable rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Property.

Appears in 1 contract

Samples: Office Lease Agreement (Wells Mid-Horizon Value-Added Fund I LLC)

Landlord Approval. Tenant will not make any Structural Alterations to the Premises without Landlord’s written consent, which consent may be granted (other than the approved Tenant Improvements) or withheld in Landlord’s sole and absolute discretionany Alterations to the Common Area. Tenant will not make any other Alterations without Landlord’s prior written consent, which consent Landlord will shall not unreasonably withhold or delaywithhold; provided, however, that no such Landlord may condition its consent shall be required (but in its reasonable discretion. Notwithstanding the foregoing, Tenant must still notify Landlord or Property Manager thereofmay make cosmetic and other non-Structural Alterations to the interior of the Premises without Landlord’s prior written consent, in writing, except where provided that that the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with total cost of any such non-Structural Alterations to the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs of the same do does not exceed $100,000 5,000.00 in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non12 calendar-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be requiredmonth period. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterationsconsent, Tenant will deliver to Landlord complete plans and specifications for the Consent Alterations Alterations, and names and addresses of all will identify any prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Alterations. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. If Landlord approves (or is deemed to have approved) the proposed Consent Alterations, Tenant willTenant, before commencing the Consent Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Alterations, will deliver to Landlord certificates evidencing the for Landlord’s reasonable approval proof of insurance coverages required by Section 8.2, copies of all necessary permits and licenses required to perform the Consent Alterationslicenses, and such other information relating to the Consent Alterations as Landlord reasonably requested in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s approval as provided in this Article 8 within 30 days after Landlord’s written request and will thereafter fully and promptly repair and restore the Premises and Property to its previous condition, subject to Section 10.3.2. No approval or inspection of Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliancerequests. Tenant will provide not commence the Alterations before Landlord, in Landlord’s reasonable discretion, approves the foregoing deliveries. Landlord with copies will notify Tenant of “as built” drawings its approval or disapproval within 5 Business Days following Landlord’s receipt of such Consent Alterations completed all documents and information required by Tenant this Section 8.1 or Tenant’s contractors, to the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared otherwise reasonably requested by Tenant’s contractorsLandlord. Tenant will construct all approved Alterations or cause all approved Alterations to be constructed (a) in the case of Consent Alterations, promptly by a general contractor that Landlord approves in its reasonable discretionlicensed and properly bonded contractor, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (e) in full compliance with all of Landlord’s commercially reasonable rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Property.

Appears in 1 contract

Samples: Lease Agreement (Datalink Corp)

Landlord Approval. Except as otherwise provided in this Article 8, Tenant will not may, at its own expense, and without Landlord’s consent, make any Structural Alterations to the Premises without Landlord’s written consent, which consent may be granted or withheld in Landlord’s sole and absolute discretionthat are not Major Alterations. Tenant will not make any other Major Alterations without Landlord’s prior written consent, which consent Landlord will not be unreasonably withhold withheld, conditioned or delay; provided, however, that no such consent shall be required (but Tenant must still notify Landlord or Property Manager thereof, in writing, except where the other Alterations are de minimis, which written notice may be given by e-mail if made to Property Manager) in connection with any such non-Structural Alterations to the extent: (i) the same are solely decorative in nature, including, without limitation, painting and carpeting (regardless of cost), or (ii) the costs of the same do not exceed $100,000 in any single instance, but in the case of this clause (ii) Tenant will provide Landlord with notice of Tenant’s intent to perform such non-Structural Alterations prior to so performing, except that, in the case of an emergency or hazardous condition, only such notice as is practical under the circumstances shall be requireddelayed. Any Alterations which require Landlord’s consent hereunder are referred to herein as “Consent Alterations.” Along with any request for Landlord’s consent to any Consent Alterationsconsent, Tenant will deliver to Landlord plans and specifications for the Consent Major Alterations and names and addresses of all prospective contractors for the Alterations. In addition, in connection with any Consent Alterations proposed by Tenant that would cost in excess of $250,000 in the aggregate, Landlord shall have the right to condition its consent to such Consent Alterations upon receipt from Tenant either (at Tenant’s election): (i) reasonable financial information to establish that Tenant has a reasonably sufficient net worth and credit to pay for the completion of the Alterations, or (ii) payment and performance bonds in an amount not less than the full cost of the Major Alterations. Landlord shall deliver notice of notify Tenant at the time it gives its consent to any Major Alterations whether or withholding not Landlord will require Tenant to remove any interior, non-structural portion of consent in connection with any Consent Alterations proposed by Tenant within 10 Business Days after Landlord receives notice Major Alteration at the expiration or earlier termination of the same from Tenant (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 10-Business Day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within two Business Days of Landlord’s receipt of such second notice, Landlord shall be conclusively deemed to have consented to the proposed Consent AlterationsLease. If Landlord approves (or is deemed to have approved) the proposed Consent Major Alterations, Tenant will, before commencing the Consent Major Alterations or delivering (or accepting delivery of) any materials to be used in connection with the Major Alterations, deliver to Landlord certificates evidencing the insurance coverages and copies of any bonds required by Section 8.2, copies of all necessary permits and licenses required to perform the Consent Alterationslicenses, and such other information relating to the Consent Alterations as Landlord reasonably requested requests. Tenant will not commence the Major Alterations before Landlord has, in issuing its consent to the same. Tenant, at its sole cost and expense, will remove any Consent Alterations Tenant constructs without obtaining Landlord’s reasonable discretion, provided Landlord’s written approval as of the foregoing deliveries. Landlord will provide such written approval or disapproval within fifteen (15) days after Tenant’s request. If Landlord has not provided in this Article 8 written approval or disapproval within 30 five (5) days after Landlord’s written receipt of a reminder notice from Tenant that provides Landlord failed to approve or disapprove the request and for the Major Alteration within the fifteen (15) day period, Landlord will thereafter fully and promptly repair and restore the Premises and Property have deemed to its previous condition, subject to Section 10.3.2have approved Tenant’s request for approval of such Major Alterations. No approval or inspection of any Alterations by Landlord constitutes any representation or agreement by Landlord that the Alterations comply with sound architectural or engineering practices or with all applicable Laws, and Tenant is solely responsible for ensuring such compliance. Tenant will provide Landlord with copies of “as built” drawings of such Consent Alterations completed by Tenant or Tenant’s contractors, to the extent that the Consent Alterations in question are of the type for which “as built” drawings are customarily prepared, promptly after such drawings are prepared by Tenant’s contractors. Tenant will construct all Alterations or cause all Alterations to be constructed (a) in the case of Consent Alterations, by a general contractor that Landlord approves in its reasonable discretion, (b) in a good and workmanlike manner, (c) in compliance with all Laws, (d) in accordance with all orders, rules and regulations of the Board of Fire Underwriters having jurisdiction over the Premises and any other body exercising similar functions, and (e) in compliance with Landlord’s commercially reasonable rules and regulations applicable to third party contractors, subcontractors and suppliers performing work at the Property.

Appears in 1 contract

Samples: Lease Agreement (UserTesting, Inc.)

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