Common use of Leasehold Improvements Clause in Contracts

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 8 contracts

Sources: Triple Net Office Lease Agreement, Triple Net Office Lease Agreement, Triple Net Office Lease Agreement (Franklin Financial Network Inc.)

Leasehold Improvements. a. Following completion of Landlord’s Work (defined in Exhibit C hereto) and Tenant’s acceptance of the Premises from Landlord, subject to the “punch list” items and latent defects identified in accordance with Section 1(b) above, Tenant accepts the Premises same “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEASEHOLD IMPROVEMENTS OR TO LANDLORD’S WORK, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant shall be entitled to a Tenant Improvement Allowance (defined and set forth in Exhibit C). Notwithstanding the Tenant Improvement Allowance, Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Except as may be covered by Tenant’s Improvement Allowance, Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 7 contracts

Sources: Triple Net Office Lease Agreement (Franklin Financial Network Inc.), Triple Net Office Lease Agreement (Franklin Financial Network Inc.), Triple Net Office Lease Agreement (Franklin Financial Network Inc.)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant's expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because 's request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.

Appears in 5 contracts

Sources: Office Lease Agreement (Idine Rewards Network Inc), Office Lease Agreement (Omnisky Corp), Office Lease Agreement (PLM International Inc)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant’s possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant’s expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.

Appears in 4 contracts

Sources: Office Lease Agreement (Ipayment Inc), Office Lease Agreement (Ipayment Inc), Office Lease Agreement (Saflink Corp)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except Except for Minor Work (as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoinghereinafter defined), Tenant shall have not construct any Leasehold Improvements or otherwise alter the right to make interior, non-structural alterations to the Leased Premises without Landlord’s consentprior approval, so long and not until Landlord shall have first approved the plans and specifications therefor, which approvals shall not be unreasonably withheld. All such Leasehold Improvements and alterations (including Minor Work) shall be constructed and installed by Tenant at Tenant’s expense, using a licensed contractor first approved by Landlord (except such approval shall not be required for Minor Work), in substantial compliance with the approved plans and specifications therefor (if such plans and specifications are required hereunder) and in strict accordance with all Laws and Private Restrictions. All such construction and installation shall be done in a good and workmanlike manner using new materials (or such other materials as such Landlord shall expressly permit in writing) of good quality. Tenant shall not commence construction of any Leasehold Improvements or alterations do not until (i) affect the structure or electricalall required governmental approvals and permits shall have been obtained, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant all requirements regarding insurance imposed by this Lease shall be responsible for the cost of such alterations or signs. have been satisfied, and (iii) Tenant shall have given Landlord at least five (5) days’ prior written notice of its intention to commence such construction. The term “Minor Work,” as used herein, shall mean any construction or Leasehold Improvements or alteration of the right Leased Premises not involving any structural change or change in the character of the improvements, and involving a cost of less than one hundred thousand dollars ($100,000), provided that, for purposes of determining such cost, multiple construction or alteration projects shall be aggregated to install its trade fixtures the extent they are related to each other, whether undertaken simultaneously or sequentially. Landlord shall respond to Tenant’s requests for approval under this Paragraph 5.1 promptly (and equipment inimmediately in the event of emergency) and in any event within fifteen (15) business days after receipt of such request. All Leasehold Improvements shall remain the property of Tenant during the Lease Term but shall not be damaged, upon altered or removed from the Leased Premises. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements shall be surrendered to Landlord as a part of the realty and about shall then become Landlord’s property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the Premisesvalue or cost thereof; provided, however, that if Landlord shall require Tenant to remove any Leasehold Improvements in accordance with the provisions of Paragraph 15.1, then Tenant shall so remove the same on or before such Leasehold Improvements prior to the expiration of this Lease, and if so requested by Landlord, promptly after any or sooner termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalLease Term. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 3 contracts

Sources: Industrial Real Property Lease (Thermadyne Australia Pty Ltd.), Industrial Real Property Lease (Thermadyne Australia Pty Ltd.), Industrial Real Property Lease (Thermadyne Australia Pty Ltd.)

Leasehold Improvements. a. The facilities, materials and work to be furnished, installed and performed in the Premises by Landlord, at its expense, are hereinafter referred to as “Landlord’s Work”. Landlord shall utilize Building standard materials. In all other respects Tenant accepts the premises in their “as is” condition. Such other facilities, materials and work which may be undertaken by or for the account and at the expense of Tenant to equip, decorate and furnish the Premises for Tenant’s occupancy are hereinafter referred to as AS IS” without any agreementsTenant’s Work”. Landlord’s approval of the plans, representations, understandings specification and working drawings for Tenant’s work shall create no responsibility or obligations liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Recognizing that the building is large and the needs of the tenants as to perform any alterationsspace may vary from time to time, repairs or improvements except as and in order for the Landlord to accommodate Tenant and prospective tenants, Landlord expressly set forth reserves the right, prior to and during the Term, at the Landlord’s sole expense, to move Tenant from the Premises and relocate Tenant in this Leaseother space of the Landlord’s choosing of approximately the same dimensions and size within the Building. ADDITIONALLYDuring a relocation period, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Landlord will use reasonable efforts not to unduly interfere with the Tenant’s business activities and to substantially complete the relocation within a reasonable time under all then-existing circumstances. Landlord’s obligation for the expenses of relocation will be the actual cost of relocating Tenant and Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent exercise of its election to samerelocate Tenant will not release Tenant in whole or in part from its obligations hereunder for the full Term. Notwithstanding the foregoingNo rights granted in this Lease to Tenant, Tenant shall have including the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure of quiet enjoyment will be deemed breached or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises interfered with by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameexercise of relocation right reserved herein.

Appears in 3 contracts

Sources: Lease Agreement (Cleartronic, Inc.), Lease Agreement (Cleartronic, Inc.), Lease Agreement (Cleartronic, Inc.)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) At its sole cost and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoingexpense, Tenant shall have make the right improvements to the Leased Premises detailed on Exhibit C attached hereto. In making such improvements, the Tenant shall submit plans for such improvements to the Landlord for approval, which approval shall not be unreasonably withheld or delayed. The Tenant shall use a contractor to make interiorsuch improvements using a contractor approved by the Landlord, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do which approval shall not (i) affect the structure be unreasonably withheld or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premisesdelayed. Tenant shall make or cause to be responsible for made such improvements promptly, in a good workmanlike manner, in compliance with all applicable permits and authorizations and building and zoning laws and all laws, in accordance with the cost orders, rules and regulations of the Board of Fire Insurance Underwriters and any other body hereafter exercising similar functions having or asserting jurisdiction over the Leased Premises, and according to the plans approved by Landlord. All such alterations improvements shall become the property of Landlord at the expiration or signs. Tenant termination of the Lease Term and shall have be surrendered with the right to install its trade fixtures and equipment in, upon and about the Leased Premises; provided, however, that Landlord may condition its consent to any such improvements to a condition requiring Tenant shall to remove the same on or before any such improvements upon the expiration of this Lease, and if so requested by Landlord, promptly after any or termination of this Lease; the Lease Term and providedrestoring the Leased Premises to the condition which existed on the date Tenant took possession, further, subject to normal wear and tear and casualty and condemnation. In the event that Tenant shall promptly thereafter repair all damage caused desires to cause such improvements to be made prior to the Commencement Date and provided the Leased Premises by reason of is not otherwise occupied, Tenant is hereby granted a license to enter into the Leased Premises for such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit)purpose, losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant subject to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term obligations of this LeaseTenant under Section 6.3 hereof. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 3 contracts

Sources: Lease Agreement (ProNAi Therapeutics Inc), Lease Agreement (ProNAi Therapeutics Inc), Lease Agreement (ProNAi Therapeutics Inc)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant's expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because 's request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, if any, will be considered to be Required Removables. In addition, Tenant shall cause not be required to remove any portion of the same to be canceled or discharged Tenant Improvements at the end of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameTerm.

Appears in 2 contracts

Sources: Annual Report, Office Lease Agreement (Infospace Com Inc)

Leasehold Improvements. a. Tenant accepts At its sole cost and expense, Landlord shall make the improvements to the Leased Premises “AS IS” without detailed on Exhibit D attached hereto in the time period(s) provided on such Exhibit D. Landlord shall make or cause to be made such Exhibit D improvements promptly, in a good workmanlike manner, in compliance with all applicable permits and authorizations and building and zoning laws and all laws, in accordance with the orders, rules and regulations of the Board of Fire Insurance Underwriters and any agreementsother body hereafter exercising similar functions having or asserting jurisdiction over the Leased Premises, representations, understandings or obligations on and according to the part plans approved by Landlord. All such improvements shall become the property of Landlord to perform any alterations, repairs at the expiration or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior termination of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) Lease Term and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for surrendered with the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Leased Premises; provided, however, that Landlord may condition its consent to any such improvements to a condition requiring Tenant shall to remove the same on or before any such improvements upon the expiration of this Lease, and if so requested by Landlord, promptly after any or termination of this Lease; the Lease Term and providedrestoring the Leased Premises to the condition which existed on the date Tenant took possession, further, subject to normal wear and tear and excepting condemnation or any casualty not caused by the gross negligence or willful misconduct of Tenant. In the event that Tenant shall promptly thereafter repair all damage caused desires to cause such improvements to be made prior to the Commencement Date and provided the Leased Premises by reason of is not otherwise occupied, Tenant is hereby granted a license to enter into the Leased Premises for such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit)purpose, losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant subject to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term obligations of this LeaseTenant under Section 6.3 hereof. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 2 contracts

Sources: Lease (Esperion Therapeutics, Inc.), Lease (Esperion Therapeutics, Inc.)

Leasehold Improvements. a. Tenant accepts shall not construct any Leasehold Improvements or otherwise alter the Leased Premises “AS IS” without Landlord’s prior approval, if the cost thereof exceeds five thousand dollars ($5,000) per work of improvement, and not until Landlord shall have first approved the plans and specifications therefor, which approvals shall not be unreasonably withheld, conditioned or delayed. In no event shall Tenant make any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Lease Premises nor post which could affect the structural integrity or attach or affix to the exterior design of the Premises, any signs, air conditioners or other objects Building without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent consent. All Leasehold Improvements constructed by Tenant shall be constructed by Tenant at Tenant’s expense, using a licensed contractor first reasonably approved by Landlord in substantial compliance with the approved plans and specifications therefor. All construction done by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until: (i) all required governmental approvals and permits shall have been obtained; (ii) all requirements regarding insurance imposed by this Lease have been satisfied; (iii) Tenant shall have given Landlord at least five days’ prior written notice of its intention to same. Notwithstanding commence such construction; (iv) Tenant shall have notified Landlord by telephone of the foregoingcommencement of construction on the day it commences; and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount mutually satisfactory to Landlord and Tenant (but in the right event Landlord and Tenant cannot reasonably agree, then in an amount reasonably satisfactory to make interior, non-structural alterations Landlord) if there are any perils relating to the Premises without proposed construction not covered by the insurance carried pursuant to article 9 of this Lease. All Leasehold Improvements shall remain the property of Tenant during the Lease Term but shall not be damaged, altered, or removed by Tenant from the Leased Premises. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements shall be surrendered to Landlord as a part of the realty and shall then become Landlord’s consentproperty unless Landlord and Tenant otherwise agree in writing, so long as such alterations do not (i) affect the structure and Landlord shall have no obligation to reimburse Tenant for all or electrical, plumbing, or mechanical systems any portion of the Premises; value or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premisesthereof; provided, however, that if Landlord shall require Tenant shall to remove any Leasehold Improvements in accordance with the same on or before the expiration provisions of section 15.1 of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that then Tenant shall promptly thereafter repair all damage caused so remove such Leasehold Improvements prior to the Premises expiration of the Lease Term or by reason a later date mutually agreed upon in writing by Landlord and Tenant. Landlord shall not have the right to require Tenant to remove any Leasehold Improvements or alterations at the end of the Lease Term unless Landlord specifically reserved such right at the time it approved the installation of such installation Leasehold Improvement or removalalteration by written notice (“Removal Notice”). c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 2 contracts

Sources: Multi Tenant Space Lease (Nevro Corp), Multi Tenant Space Lease (Nevro Corp)

Leasehold Improvements. a. Tenant accepts A. The parties shall make the improvements to the Premises as provided in the attached Exhibit 1. In all other respects, Tenant agrees to accept the Premises on an “AS IS” without basis, and Landlord has no obligation to do or pay for any agreementsleasehold improvements or plans. Except as expressly provided in the Initial Lease, representationsAmendment No. 1 or this Amendment, understandings Tenant shall not be entitled to any tenant improvement allowance, leasehold improvements or other work, or any free rent period or other economic incentives that may have been provided to Tenant in connection with entering into the Initial Lease or any prior Amendment. B. Provided that Tenant is not in monetary default (beyond any applicable notice and cure period) under the Lease, Landlord shall provide Swing Space (as hereafter defined) to Tenant on the following terms and conditions: (1) The Swing Space shall consist of approximately 3,500 to 5,000 rentable square feet of contiguous space at a location in the Building as designated by Landlord. (2) Tenant shall give at least thirty (30) days written notice to Landlord of the date Tenant will commence construction of the Tenant Improvements (“Construction Commencement Date”). Landlord shall deliver the Swing Space to Tenant as of the Construction Commencement Date, and Tenant may thereafter occupy the Swing Space for a limited term (“Swing Space Term”) commencing on the Construction Commencement Date and continuing thereafter until the earlier to occur of: (a) Substantial Completion of the Tenant Improvements in the Premises pursuant to the attached Exhibit 1; or (b) August 31, 2019. (3) Landlord shall not be liable nor shall the Lease be impaired by any delay or inability to deliver possession of the Swing Space; provided, that if Landlord is unable to deliver possession of the Swing Space to Tenant on or before the Construction Commencement Date, Tenant shall have the right, at its option and as its sole remedy, at any time after the Construction Commencement Date designated by Tenant and before delivery of the Swing Space, to elect to terminate its right to the Swing Space under this Paragraph 4B upon fifteen (15) days’ written notice to Landlord (“Swing Space Termination Notice”), and if the Swing Space is not delivered to Tenant within such fifteen (15) day period, Landlord shall pay the sum of $50,000.00 to Tenant within thirty (30) days after Landlord receives Tenant’s Swing Space Termination Notice, and neither Landlord nor Tenant shall have any further rights or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions relating to the Premises nor post or attach or affix Swing Space under this Paragraph 4B. In the event Landlord fails to pay the exterior sum of $50,000.00 to Tenant within such thirty (30) day period, then Tenant may deliver a second notice (an “Offset Notice”) to Landlord that specifies that the Swing Space Termination Notice has been given pursuant to Paragraph 4.B(3) of this Amendment and the unpaid amount of such $50,000, and that states conspicuously in bold type and in all capital letters at the top of the Premisesfirst page of such Offset Notice: “LANDLORD’S FAILURE TO PAY THE UNPAID AMOUNT OF SUCH $50,000 WITHIN TEN (10) DAYS AFTER RECEIPT OF THIS OFFSET NOTICE SHALL AUTHORIZE TENANT TO OFFSET SUCH UNPAID AMOUNT AGAINST THE MINIMUM RENTAL NEXT DUE UNDER THE LEASE”, any signs, air conditioners or other objects without memorializing and if Landlord fails to pay such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoingunpaid amount within such ten-day period, Tenant shall have the right to make interior, non-structural alterations offset such unpaid amount against its Rent obligation as provided for in Paragraph 3.A. above in an amount not to exceed $50,000.00. (4) Tenant shall not be obligated to pay any Minimum Rental or Tenant’s Pro Rata Share of Real Estate Taxes and Operating Expenses with respect to the Premises without Swing Space during the Swing Space Term. (5) The Swing Space shall be delivered in “AS IS” condition. Any alterations or improvements, including the installation of telecommunications and computer cabling and equipment, desired by Tenant in the Swing Space shall be subject to Landlord’s consentprior written consent (not to be unreasonably withheld) and shall be performed at Tenant’s sole expense. (6) Except as otherwise provided in this Paragraph or unless clearly inapplicable, so long as such alterations do not Tenant’s occupancy of the Swing Space shall be on all of the terms and conditions of the Lease, including, without limitation, the insurance and indemnity provisions of the Lease but excluding the payment of rent. Within ten (i10) affect days after written request by Landlord from time to time, Tenant shall execute a written confirmation concerning the structure or electricalterm, plumbinglocation, or mechanical systems any other matter relating to the Swing Space. (7) Upon the expiration or termination of the Premises; Swing Space Term, Tenant shall completely vacate and surrender the Swing Space to Landlord in as good condition as when Tenant took possession (including the removal of any telecommunications and computer cabling and equipment installed by Tenant at Tenant’s expense), ordinary wear and tear excepted. The expiration or (ii) decrease the value termination of the Swing Space Term shall not terminate or modify the Lease Term with respect to the Premises. . (8) If Tenant holds over in the Swing Space after the termination or expiration of the Swing Space Term, in addition to Landlord’s other rights and remedies under the law and the Lease: (a) Tenant shall be responsible pay Minimum Rental for the cost Swing Space at an annual rate of such alterations or signs. $16.00 per rentable square foot plus Tenant’s Pro Rata Share of Real Estate Taxes and Operating Expenses at the same rate per rentable square foot then payable by Tenant shall have the right to install its trade fixtures and equipment in, upon and about for the Premises; provided, however, that computed on a daily basis for each day Tenant shall remove remains in possession of the same on Swing Space for up to two (2) months after the termination or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Leasethe Swing Space Term; and provided(b) if Tenant holds over in the Swing Space beyond such two (2) additional months, furtherLandlord shall continue to pay such holdover rent but Landlord shall be entitled to immediately and lawfully retake possession of the Swing Space and to recover from Tenant all costs, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit)damages sustained by Landlord. (9) During the Swing Space Term, losses, liabilities, or causes of action arising out of or relating Landlord reserves the right to any alterations, additions or improvements made by have access to the Swing Space upon reasonable prior notice to Tenant to perform its duties and obligations under the PremisesLease and to inspect and show the Swing Space. If the Swing Space is part of a larger undemised space, Landlord may at any time construct demising walls, doorways and corridors (at Landlord’s sole expense) with respect to the Swing Space and such additional space (including, without limitation, performing any associated demolition, separation, relocation and repair work). Said additional space, which does not constitute the Swing Space, shall be known as the “Non-Swing Space”. Tenant acknowledges that any such construction may be performed during Tenant’s occupancy and normal business hours; and Landlord and Tenant shall cooperate to reasonably minimize any interference with the performance of the construction and Tenant’s use of the Swing Space. Except as otherwise agreed in writing between the parties, Tenant shall not occupy any portion of any such Non-Swing Space, including, but not limited towithout limitation, work not completed in a workmanlike manner and any contractor’s, mechanics’ use for office purposes or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term incidental uses such as storage of this Leasefiles or equipment. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 2 contracts

Sources: Lease Amending Agreement, Lease Amending Agreement (Winmark Corp)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord All improvements in and to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including any signsAlterations (defined in Section 9.03) (collectively, air conditioners “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, shall remove any Cable (defined in Section 9.01 below). In addition, Landlord, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at Tenant’s expense, to remove any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (the Cable and such other items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, including any Landlord Work, as such term may be defined in the Work Letter attached as Exhibit C, may request in writing that Landlord advise Tenant whether the Alteration, including any Landlord Work, or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the alteration or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameimprovements are Required Removables. Notwithstanding the foregoing, Tenant shall have the right to make interiorLandlord agrees that, non-structural alterations to except for any Cable, the Premises without Landlord’s consentimprovements identified on the Space Plans (as defined in the Work Letter attached as Exhibit C), so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems specifically shown thereon as of the Premises; or (ii) decrease the value of the Premises. Tenant date hereof, shall not be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removaldeemed Required Removables. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 2 contracts

Sources: Office Lease Agreement (Akebia Therapeutics, Inc.), Office Lease Agreement (Akebia Therapeutics, Inc.)

Leasehold Improvements. a. Tenant accepts (a) Lessee shall comply with the Premises provisions of Schedule 2 attached hereto entitled AS ISConstruction of Initial Leasehold Improvements.without any agreements, representations, understandings or obligations on Lessor shall be responsible only for the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth costs and expenses described in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions Schedule 3 and only to the Premises nor post or attach or affix extent that they do not exceed the respective allowances indicated in Schedule 3. All installations in excess thereof shall be for Lessee’s account, and Lessee shall pay, as additional rent hereunder, to the exterior Lessor an amount equal to Lessor’s actual cost therefor, including associated architectural and engineering fees, if any, plus a management cost recovery fee of ten percent (10%) to cover overhead within ten (10) days after being invoiced therefor. Additionally, Lessee shall pay all ad valorem taxes and increased insurance premiums that are payable on account of any of the Premisesleasehold improvements that are in addition to those items (or the quantities thereof) described on Schedule 3 hereto. Failure by Lessee to pay any sums described in Section 26(a) or the Schedules hereto in full within ten (10) days after its receipt of an invoice therefor will constitute failure to pay rent when due and an event of default by Lessee hereunder, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in giving rise to all remedies available to Lessor under this lease and at law for nonpayment of rent. Lessee shall deliver to Lessor a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems copy of the Premises; “as-built” plans and specifications made in or (ii) decrease the value of to the Premises. Tenant shall be responsible for It is stipulated that time is of the cost essence in connection with Lessee’s compliance with the terms of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalSchedule 2. c. Tenant (b) Lessee shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs not be deemed to be the agent or representative of suit), losses, liabilities, or causes of action arising out of or relating to Lessor in making any such alterations, physical additions or improvements made by Tenant to the Premises, includingand shall have no right, but not limited topower or authority to encumber any interest in the Project in connection therewith other than Lessee’s leasehold estate under this Lease. However, work not completed in a workmanlike manner and should any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises Project or any interest therein (other than Lessee’s leasehold estate hereunder) by reason of TenantLessee’s acts or omissions or because of a claim against TenantLessee or its contractors, Tenant Lessee shall cause the same to be canceled cancelled or discharged of record by bond or otherwise within thirty ten (3010) days after notice by LandlordLessor. If Tenant Lessee shall fail to cancel or discharge said lien or liens, within said thirty ten (3010) day period, Landlord which failure shall be deemed to be a default hereunder, Lessor may, at its sole optionoption and in addition to any other remedy of Lessor hereunder, cancel or discharge the same and upon LandlordLessor’s demand, Tenant Lessee shall promptly reimburse Landlord Lessor for all reasonable costs incurred in canceling or discharging such lien or liens, including attorney fees in connection with same.

Appears in 2 contracts

Sources: Office Lease Agreement (Dexterity Surgical Inc), Office Lease Agreement (Dexterity Surgical Inc)

Leasehold Improvements. a. All improvements constructed by Tenant accepts in the Premises (collectively, AS ISLeasehold Improvementsor “Tenant's Work”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant given within sixty (60) days of the date the Leasehold Improvements are installed, may require Tenant to remove any agreementsLeasehold Improvements that are provided by or for the benefit of Tenant and Landlord determines Tenant shall remove (collectively referred to as “Required Removables”). Without limitation, representationsit is agreed that Required Removables may include internal stairways, understandings or obligations on demountable partitions, raised floors, floor reinforcements, vaults, rolling file systems and structural alterations and modifications of any type, special fire suppression systems and equipment. The Required Removables designated by Landlord shall be removed by Tenant before the part Termination Date. Tenant's possession of Landlord the Premises shall be subject to perform any alterations, repairs or improvements except as expressly set forth in all of the terms and conditions of this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions including the obligation to pay Rent on a per diem basis at the Premises nor post or attach or affix to rate in effect for the exterior last month of the Premises, Term. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove any signs, air conditioners Required Removables or other objects without memorializing such proposed alterations, attachments, or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant's expense, may remove and obtaining Landlord’s prior written consent to samedispose of the Required Removables and perform the required repairs. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section 9.03), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within ten (10) Business Days after receipt of Tenant’s acts 's request, Landlord shall advise Tenant in writing as to which portions of the Alteration, if any, will constitute Required Removables. Landlord represents to Tenant that there is asbestos (“ACM”) in the ceiling of the Premises and unless same is required to be removed by applicable environmental Law, shall remain in the Premises. If applicable environmental Law requires that said ACM be removed as a result of Tenant's Work, or omissions or because of if Tenant's Work disturbs any ACM in the Center and as a claim against Tenantresult, the ACM must be removed pursuant to applicable Laws, Tenant shall cause remove same as part of Tenant's Work and in conformance with applicable environmental Law. In the same event that any other tenant in the Center performs work to be canceled or discharged of record by bond or otherwise its space that disturbs ACM within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day periodthe Premises, Landlord may, at its sole option, cancel or discharge will cause said tenant to comply with applicable laws with regard to the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameremoval of said ACM within the Premises.

Appears in 2 contracts

Sources: Office Lease (Basis Global Technologies, Inc.), Office Lease (Basis Global Technologies, Inc.)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreementsshall, representationsat its own cost and expense, understandings or obligations on the part of Landlord to perform any alterations, repairs or furnish and install all leasehold improvements. Said improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable shall be subject to Landlord) and obtaining Landlord’s 's prior written consent to samethereto and shall be in accordance with the plans and specifications first approved by Landlord. Notwithstanding the foregoing, Tenant covenants and agrees that all work done by Tenant shall have be performed in full compliance with all laws, rules, orders, ordinances, directions, regulations, and requirements of all governmental agencies, offices, departments, bureaus and board having jurisdiction and in full compliance with the right to make interiorrules, non-structural alterations to orders, directors, regulations and requirements of the Pacific Fire Rating Bureau and of any similar body. Tenant shall keep the Premises without Landlord’s consentand all improvements thereon, so long as such alterations do free from all liens and claims of mechanics, labors, materialmen and others for work done and materials furnished to Tenant and Tenant shall not (i) affect the structure create or electrical, plumbing, suffer to be created any lien or mechanical systems of the Premises; or (ii) decrease the value of encumbrance on the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment inAll alterations, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterationsdecorations, additions or improvements upon the Premises made by Tenant to shall, unless Landlord elects otherwise, become the property of Landlord, and shall remain upon, and be surrendered with the Premises, includingas a part thereof, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive at the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion end of the Premises Lease term, except that Landlord may, by reason of Tenant’s acts or omissions or because of a claim against written notice to Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within given at least thirty (30) days after notice prior to the end of the Lease term, require Tenant to remove all improvements installed by Tenant, and Tenant shall repair or, at Landlord's option, pay to Landlord all costs arising from such removal. All articles or personal property and all business and trade fixtures, machinery, and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises, shall be and remain the property of Tenant and may be removed by Tenant at any time during the term of this Lease when Tenant is not in default hereunder. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day periodremove all of its effects from the Premises upon termination of this Lease for any cause whatsoever, Landlord may, at its sole option, cancel or discharge remove the same in any manner that Landlord shall choose, and store said effects with liability to Tenant for loss thereof, and Tenant agrees to pay Landlord upon demand any and all expense incurred in such removal, including court costs and attorney’s fees and storage charges on such effects for any length of time that the same shall be in Landlord's possession, or Landlord may, at its option, without notice, sell said effects or any of the same, at private sale and without legal process, for such price as Landlord may obtain and apply the proceeds of such sale upon any amounts due under this lease from Tenant to Landlord and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samethe expense incident to the removal of and sale of said effects.

Appears in 2 contracts

Sources: Lease Agreement (Global Food Technologies, Inc.), Lease Agreement (Global Food Technologies, Inc.)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined in Section IX.A.) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold improvements that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlords shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to five days after the Termination Date for the sole purpose of removing the Required Removables. Tenant’s possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant’s expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within ten days after receipt of Tenant’s acts or omissions or because request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, if any, will be considered to be Required Removables. Tenant shall cause not be required to remove any cable or wiring installed in the same to be canceled or discharged Premises as part of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameLeasehold Improvements.

Appears in 2 contracts

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

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premisesother than Tenant’s personal property and trade fixtures (collectively, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord“Leasehold Improvements”) shall be owned by Landlord and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within thirty (30) days prior to the Termination Date, may require Tenant to remove, at Tenant’s consentexpense, so long as such alterations do not the following (ithe “Required Removables”): (1) affect Cable (defined in Section 9.1) installed by or for the structure exclusive benefit of Tenant and located in the Premises or electrical, plumbing, or mechanical systems other portions of the PremisesPremises or the Property; and (2) any Leasehold Improvements and Alterations that are performed by or for the benefit of Tenant (ii) decrease including, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type). The Required Removables designated by Landlord shall be removed by Tenant before the value of the PremisesTermination Date. Tenant shall be responsible for repair damage caused by the cost installation or removal of such alterations Required Removables, if Tenants fails to remove any Required Removables or signs. Tenant shall have the right to install its trade fixtures and equipment inperform related repairs in a timely manner, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; at Tenant’s expense, may remove and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion dispose of the Premises by reason of Tenant’s acts or omissions or because of a claim against Required Removables and perform the required repairs. Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. If Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (as defined in this Lease), may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration will be designated as a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall fail advise Tenant in writing as to cancel or discharge said lien or lienswhich portions of the Alteration, if any, will be considered to be Required Removables, and if Landlord does not respond within said thirty such ten (3010) day period, such Alterations will not be considered Required Removables (and, in such event, Landlord may, at its sole option, cancel or discharge shall not have the same and upon Landlord’s demand, right under the second sentence of this Section 8 to later require Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging to remove such liens, including attorney fees in connection with sameAlterations).

Appears in 2 contracts

Sources: Sublease Agreement, Landlord's Consent to Sublease (Zymogenetics Inc)

Leasehold Improvements. a. Tenant accepts Any trade fixtures, unattached and movable equipment or furniture, or other personalty brought into the Premises “AS IS” by Tenant ("Tenant's Property") shall be owned and insured by Tenant. Tenant shall remove all such Tenant's Property from the Premises in accordance with the terms of Article XXXV hereof. Any and all alterations, additions and improvements to the Premises, including any built-in furniture (collectively, "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant. Landlord may, nonetheless, at any agreementstime prior to the expiration or earlier termination of this Lease or Tenant's right to possession, representationsrequire Tenant to remove any Leasehold Improvements performed by or for the benefit of Tenant and all electronic, understandings phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables within ten (10) Business Days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or obligations on earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the part of Landlord Required Removables, Tenant shall repair any damage caused by such removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition. If Tenant fails to remove any specified Required Removables or to perform any alterationsrequired repairs and restoration within the time period specified above, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLYLandlord, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASEat Tenant's sole cost and expense, LANDLORD MAKES NO WARRANTIESmay remove, EXPRESS OR IMPLIEDstore, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior sell and/or dispose of the PremisesRequired Removables and perform such required repairs and restoration work. Tenant, within fifteen (15) days after demand from Landlord, shall reimburse Landlord for any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures and all reasonable costs incurred by Landlord in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameconnection with the Required Removables. Notwithstanding the foregoing, Tenant may request in writing at the time it submits its plans and specifications for an alteration, addition or improvement, that Landlord advise Tenant whether Landlord will require Tenant to remove, at the termination of this Lease or Tenant's right to possession hereunder, such alteration, addition or improvement, or any particular portion thereof and Landlord shall advise Tenant within twenty (20) days after receipt of Tenant's request as to whether Landlord will require removal; provided, however, Landlord shall have the right to make interiorrequire Tenant to remove any vault, non-stairway, raised floor or structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to installed in the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term regardless of this Leasewhether Landlord timely notified Tenant that it would require such removal. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 2 contracts

Sources: Standard Form Office Lease (Viewlocity Inc), Office Lease (Viewlocity Inc)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreementsAll Leasehold Improvements shall, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth provided in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to remain upon the Premises nor post at the end of the Term without compensation to Tenant. “Leasehold Improvements” shall mean and include all Initial Tenant Work and other leasehold improvements from time to time existing in or attach or affix to the exterior of the Premises, including without limitation any signssuch leasehold improvements (if any) that exist as of the Term Commencement Date under this Lease or that are made by or for the benefit of Tenant (or any party acting under or through Tenant) before the Term Commencement Date or thereafter from time to time during the Term. Landlord, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a by written notice to Tenant work letter (in form acceptable to Landlord) and obtaining at the time of Landlord’s prior written consent approval of the plans therefor, may require Tenant, at Tenant’s expense, to sameremove at the end of the Term any Leasehold Improvements that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Required Removables”). Notwithstanding the foregoingRequired Removables may include, Tenant shall have the right to make interiorwithout limitation, non-laboratory fixtures, laboratory equipment and specialized improvements for laboratory uses, raised floors, private baths and showers, vaults, rolling file systems, slab penetrations, structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure and modifications and any Cable installed by or electrical, plumbing, or mechanical systems on behalf of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the PremisesTenant; provided, however, that Tenant that, notwithstanding anything to the contrary contained in this Lease, but subject to Section 5 of Exhibit F attached hereto, Required Removables shall remove not include the Dedicated Venting System, the Back-Up Power and Supplemental System (as defined below), typical intercommunicating internal stairways or staircases or any standard core restroom facilities, the same on shall not be required to be removed by Tenant at the end of the Term, and Landlord shall indicate in writing at the time of Landlord’s approval of the Construction Documents whether or not such improvements are required to be removed by Tenant at the end of the Term. The Required Removables shall be removed by Tenant before the expiration of this Lease, and if so requested by Landlord, promptly after any or earlier termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalLease in accordance with Section 20. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 2 contracts

Sources: Office Lease Agreement (Haemonetics Corp), Office Lease Agreement (Haemonetics Corp)

Leasehold Improvements. a. (a) Tenant accepts shall receive from Landlord a tenant improvement allowance of $1,846,305.00 (the Premises AS IS” without T.I. Allowance”) to be used for the purpose of purchasing, constructing and/or installing improvements to the Expansion Space. Landlord will cause the Expansion Space to be promptly prepared in accordance with the Work Letter attached as Exhibit B which hereby amends and replaces any agreementsprior work letter. (b) If for any reason the Expansion Space should not he ready for occupancy by the Expansion Space Commencement Date, representationsLandlord shall not be liable or responsible for any claims, understandings damages or obligations on liabilities in connection therewith or by reason thereof, except for the part of Landlord to perform any alterations, repairs or improvements except rent abatement as expressly specifically set forth in this Lease. ADDITIONALLYExhibit B. Landlord shall provide Tenant a copy of the Use and Occupancy Certificate for the shell space (i.e. an occupancy certificate which remains subject to furniture and equipment installation by Tenant) upon completion of the improvements as set forth in Exhibit B which is attached hereto, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASEand, LANDLORD MAKES NO WARRANTIESif requested by Tenant, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVEDthe final Use and Occupancy Certificate upon completion of Tenant’s installation of furniture and equipment. b. (c) Tenant agrees that it will shall not make no exterior or structural allow to be made any alterations or physical additions in or to the Premises, or place safes, vaults or other heavy furniture or equipment within the Premises, without first obtaining the written consent of Landlord which consent shall not he unreasonably withheld so long as said alterations do not adversely impact on Building systems or structure. Provided, however, that any such alterations or physical additions to the Premises nor post such as trade fixtures, machinery, and equipment that are installed by Tenant and removable without adverse impact on the Building systems or attach structure shall remain the property of Tenant. All repairs, alterations or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) additions that affect the structure Building’s structural components or electricalthe Building’s mechanical, plumbing, or mechanical electrical and plumbing systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations made solely by Landlord or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalcontractor. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. d) Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises Building by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameplus an administrative fee equal to fifteen percent (15%) of such costs.

Appears in 2 contracts

Sources: Office Lease Agreement (Emdeon Inc.), Office Lease Agreement (Emdeon Inc.)

Leasehold Improvements. a. Tenant accepts Lessor shall complete the leasehold improvements to the Additional Demised Premises “AS IS” without as set forth in Exhibit "B", Work Letter, attached hereto and made a part hereof (the "Leasehold Improvements"). Lessor is under no obligation to make any agreements, representations, understandings structural or obligations on the part of Landlord to perform any other alterations, repairs decorations, additions, or improvements in or to Additional Demised Premises except as expressly set forth in this Exhibit "B". By taking possession of the Additional Demised Premises, it shall be conclusive evidence that Lessee has inspected the Additional Demised Premises (and has sufficient knowledge and expertise to make such inspection or has caused the Additional Demised Premises to be inspected on its behalf by one or more persons with such knowledge and expertise), that Lessee has accepted the Additional Demised Premises as being in good and satisfactory condition, suitable for the purposes herein intended and that the same comply fully with Lessor's covenants and obligations under the Lease with respect to the construction of Leasehold Improvements, except for any punch list items agreed to in writing by Lessor and Lessee. Lessee acknowledges and agrees that Lessor has made no representation or warranty, express or implied, as to the habitability, suitability, quality, condition or fitness of the Additional Demised Premises and Lessee waives, to the extent permitted by applicable law, any patent defects in the Additional Demised Premises and any claims arising therefrom, save and except those arising from any construction or repair obligations of Lessor expressly provided for in the Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions Notwithstanding anything contained in the immediately preceding two paragraphs to the contrary, Lessor shall provide a one time additional lessee improvement allowance of up to Ten Thousand and 00/100 Dollars ($10,000.00) for the completion of leasehold improvements within the Original Demised Premises nor post or attach or affix to (the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same"Additional Lessee Improvement Allowance"). Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant Lessor's Additional Lessee Improvement Allowance shall be responsible for the cost of such alterations or signsavailable to Lessee through and including December 31, 2002. Tenant Lessor shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise pay Lessee within thirty (30) days after notice upon Lessor's receipt of Lessee's paid invoices, lien waivers, and other documentation reasonably required by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameLessor.

Appears in 2 contracts

Sources: Lease Amendment (SBS Technologies Inc), Lease (SBS Technologies Inc)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreementsAll Leasehold Improvements shall, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth provided in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to remain upon the Premises nor post or attach or affix to at the exterior end of the PremisesTerm without compensation to Tenant. “Leasehold Improvements” shall mean and include all Initial Tenant Work, any signs, air conditioners Alterations and other leasehold improvements from time to time existing in or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, includingincluding without limitation any such leasehold improvements (if any) that exist as of the applicable Delivery Date or Term Commencement Date under this Lease or that are made by or for the benefit of Tenant (or any party acting under or through Tenant) before the Term Commencement Date or thereafter from time to time during the Term. Landlord, by written notice to Tenant at the time of its approval of the Initial Tenant Work or Alteration, as applicable, may require Tenant, at Tenant’s expense, to remove any Initial Tenant Work or Alteration or portion thereof that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, private baths and showers, vaults, rolling file systems, structural alterations and modifications and any Cable installed by or on behalf of Tenant, but not limited toshall specifically exclude, work not completed in a workmanlike manner and without limitation, any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion Cable existing as of the Premises by reason applicable Delivery Date for each Phase Premises. If Landlord fails to notify Tenant of Tenant’s acts the requirement to remove such Initial Tenant Work, Alteration or omissions portion thereof at the time of its approval, such Initial Tenant Work or because of Alteration shall be deemed not to be a claim against TenantRequired Removable, and Tenant shall cause have no obligation to remove it at the same to be canceled or discharged end of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.the

Appears in 2 contracts

Sources: Office Lease Agreement (Klaviyo, Inc.), Office Lease Agreement (Klaviyo, Inc.)

Leasehold Improvements. a. Tenant accepts Subject to the terms of Section 8 below, effective upon the Commencement Date, Sublessor shall convey to Sublessee ownership of all of the Current Leasehold Improvements located on the Premises and owned by Sublessor as of the Commencement Date. Such conveyance shall be AS ISas is” without representations or warranties of any agreementskind whatsoever, representationsexpress, understandings implied or obligations statutory. Concurrently with the execution of this Sublease, Sublessor shall execute a ▇▇▇▇ of sale in the form attached hereto as Exhibit D (the “▇▇▇▇ of Sale”). Such ▇▇▇▇ of Sale shall be deemed delivered by Sublessor to Sublessee only upon the commencement of this Sublease, and, if this Sublease does not commence, shall be void ab initio and of no effect. In the event of termination of this Sublease by reason of a default on the part of Landlord to perform Sublessee, the Current Leasehold Improvements, together with any alterations, repairs or other leasehold improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions made subsequent to the Premises nor post or attach or affix Commencement Date (“Future Leasehold Improvements”; the Current Leasehold Improvements and the Future Leasehold Improvements being sometimes collectively referred to herein as the “Leasehold Improvements”), shall automatically become the property of Sublessor. In the event of an early termination of this Sublease not due to the exterior fault of Sublessee, all such Leasehold Improvements shall be conveyed by Sublessee to Sublessor and Sublessor shall pay to Sublessee the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the fair market value of the PremisesLeasehold Improvements valued as of the date of termination and with fair market value calculated as provided below. Tenant shall be responsible In order to effect such conveyance (or, at Sublessor’s option in the event of a termination for Sublessee’s default, to confirm the cost ownership of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitLeasehold Improvements), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the PremisesSublessee shall take such actions and execute such documents as Sublessor may reasonably require, including, but not limited towithout limitation, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because execution of a claim against Tenant, Tenant shall cause the same to be canceled or discharged ▇▇▇▇ of record by bond or otherwise within thirty (30) days after notice by Landlordsale for such Leasehold Improvements. If Tenant shall fail Sublessee fails or refuses to cancel execute such documents or discharge said lien or lienstake such actions, within said thirty (30) day periodSublessee hereby appoints Sublessor as its attorney-in-fact with authority to execute such documents and take such actions, Landlord may, at its sole option, cancel or discharge the same which appointment is coupled with an interest and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameis irrevocable.

Appears in 2 contracts

Sources: Sublease Rights Agreement (Tesoro Corp /New/), Berth 121 Sublease Rights Agreement (Tesoro Logistics Lp)

Leasehold Improvements. a. Tenant accepts Any trade fixtures, unattached and movable equipment or furniture, or other personalty brought into the Premises “AS IS” by Tenant ("Tenant's Property") shall be owned and insured by Tenant. Tenant shall remove all such Tenant's Property from the Premises in accordance with the terms of Article XXXV hereof. Any and all alterations, additions and improvements to the Premises, including any built-in furniture (collectively, "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant. Landlord may, nonetheless, at any agreementstime prior to, representationsor within six (6) months after, understandings the expiration or obligations on earlier termination of this Lease or Tenant's right to possession, require Tenant to remove any Leasehold Improvements performed by or for the part benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables within ten (10) days after written notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by such removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition, ordinary wear, tear and casualty excepted. If Tenant fails to remove any specified Required Removables or to perform any alterationsrequired repairs and restoration within the time period specified above, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLYLandlord, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASEat Tenant's sole cost and expense, LANDLORD MAKES NO WARRANTIESmay remove, EXPRESS OR IMPLIEDstore, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior sell and/or dispose of the PremisesRequired Removables and perform such required repairs and restoration work. Tenant, within five (5) days after demand from Landlord, shall reimburse Landlord for any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures and all reasonable costs incurred by Landlord in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameconnection with the Required Removables. Notwithstanding the foregoing, Tenant may request in writing at the time it submits its plans and specifications for an alteration, addition or improvement, that Landlord advise Tenant whether Landlord will require Tenant to remove, at the termination of this Lease or Tenant's right to possession hereunder, such alteration, addition or improvement, or any particular portion thereof andLandlord shall advise Tenant within twenty (20) days after receipt of Tenant's request as to whether Landlord will require removal; provided, however, Landlord shall have the right to make interiorrequire Tenant to remove any vault, non-stairway, raised floor or structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to installed in the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term regardless of this Leasewhether Landlord timely notified Tenant that it would require such removal. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 2 contracts

Sources: Sublease (Acacia Research Corp), Office Lease (Acacia Research Corp)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord All improvements in and to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including any signsAlterations (defined in Section 9.03) (collectively, air conditioners or “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, shall remove all Cable (defined in Section 9.01 below). In addition, Landlord, by written notice delivered to Tenant at least 30 days prior to the Termination Date, may require Tenant, at Tenant’s expense, to remove any Alterations (the Cable and such other objects items collectively are referred to as “Required Removables”). At the time of approval by Landlord of the final plans for the Tenant Improvements, Landlord shall inform Tenant as to which, if any, of the Tenant Improvements will constitute Required Removables. Required Removables shall include, without memorializing such proposed alterationslimitation, attachmentsinternal stairways, or fixtures in a Tenant work letter raised floors, personal baths and showers, vaults, supplemental HVAC units (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameassociated mechanical infrastructure), rolling file systems and structural alterations and modifications and specialized non-standard office improvements (game room, bowling alley, etc.). Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration, including any initial Alterations or Tenant Improvements, may request in writing that Landlord advise Tenant whether the improvement is a Required Removable. In such event, if Landlord approves the Alteration(s) in question, Landlord shall have the right advise Tenant concurrently with such approval as to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems which portions of the Premises; proposed Alterations or (ii) decrease other improvements are Required Removables. Required Removables shall be removed by Tenant before the value of the PremisesTermination Date. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to by the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including removal of Required Removables to Landlord’s reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlordsatisfaction. If Tenant shall fail fails to cancel or discharge said lien or liens, within said thirty (30) day periodperform its obligations in a timely manner, Landlord may, may perform such work at its sole option, cancel or discharge the same and upon LandlordTenant’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameexpense.

Appears in 2 contracts

Sources: Office Lease Agreement (ForgeRock, Inc.), Office Lease Agreement (ForgeRock, Inc.)

Leasehold Improvements. a. Tenant accepts Any trade fixtures, unattached and movable equipment or furniture, or other personalty brought into the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. by Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord"Tenant's Property") shall be owned and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premisesinsured by Tenant. Tenant shall be responsible for the cost of remove all such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to Tenant's Property from the Premises by reason in accordance with the terms of such installation or removal. c. Tenant shall indemnify Article XXXV hereof. Any and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or and improvements made by Tenant to the Premises, includingincluding any built-in furniture (collectively, but not limited "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant. Landlord may, nonetheless, at any time prior to, work not completed in a workmanlike manner and any contractor’sor within six (6) months after, mechanics’ the expiration or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term earlier termination of this Lease. d. Should Lease or Tenant's right to possession, require Tenant to remove any contractor’sLeasehold Improvements performed by or for the benefit of Tenant and all electronic, mechanic’s or other liens be filed against any portion of phone and data cabling as are designated by Landlord (the Premises by reason of "Required Removables") at Tenant’s acts or omissions or because of a claim against Tenant's sole cost. In the event that Landlord so elects, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise remove such Required Removables within thirty ten (3010) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by Landlordsuch removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition. If Tenant shall fail fails to cancel remove any specified Required Removables or discharge said lien or liensto perform any required repairs and restoration within the time period specified above, Landlord, at Tenant's sole cost and expense, may remove, store, sell and/or dispose of the Required Removables and perform such required repairs and restoration work. Tenant, within said thirty five (305) day perioddays after demand from Landlord, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for any and all reasonable costs incurred in canceling or discharging such liens, including attorney fees by Landlord in connection with samethe Required Removables.

Appears in 2 contracts

Sources: Standard Form Office Lease (Ritz Interactive, Inc.), Office Lease (Aht Corp)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlorda) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant HLL shall have the right to make interiorelect, non-and in the circumstances described in Section 2.4(a) and this Section 2.6 the obligation to elect, upon 10 days prior written notice to Holdings, to fund the cost of any change to be made to any Vessel at the time that funding therefor is required under the applicable MOA, and to designate such change as a leasehold improvement (each a “Leasehold Improvement”); provided that any such change does not constitute a structural alterations change to the Premises without Landlord’s consentsubject Vessel and will not materially reduce its market value. If HLL makes any Leasehold Improvement to any Vessel, so long as title to such alterations do not Leasehold Improvement shall vest in and remain the property of (i) affect HLL to the structure or electricalextent that such Leasehold Improvement shall be readily removable from the Vessel without causing any material damage to the Vessel, plumbing, or mechanical systems of the Premises; or and (ii) decrease the value Owner to the extent that such Leasehold Improvement shall not be readily removable from the Vessel without causing material damage to the Vessel. Any change to any Vessel that HLL has funded as a Leasehold Improvement pursuant to this Section 2.6 shall not be taken into consideration in the determination of the PremisesAdjusted Average Purchase Price of such Vessel. Tenant To the maximum extent possible, and subject to Section 2.6(b), HLL shall elect to designate each change or modification to a Vessel as a Leasehold Improvement pursuant to this Section 2.6. (b) If any change or modification to a Vessel that does not constitute a structural change would cause the Adjusted Average Purchase Price of such Vessel to exceed Fifty-six Million US Dollars ($56,000,000), HLL shall be responsible for the cost of required to make such alterations change or signs. Tenant modification as a Leasehold Improvement and shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of fund such installation or removalLeasehold Improvement in accordance with Section 2.6(a) above. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 2 contracts

Sources: Agreement to Acquire and Charter (Horizon Lines, Inc.), Agreement to Acquire and Charter (Horizon Lines, Inc.)

Leasehold Improvements. a. Tenant accepts Subject to the terms of Section 8 below, effective upon the Commencement Date, Sublessor shall convey to Sublessee ownership of all Leasehold Improvements located on the Premises and owned by Sublessor. Such conveyance shall be AS ISas is” without representations or warranties of any agreementskind whatsoever, representationsexpress, understandings implied or obligations statutory. Concurrently with the execution of this Sublease, Sublessor shall execute a ▇▇▇▇ of sale in the form attached hereto as Exhibit D (the “▇▇▇▇ of Sale”). Such ▇▇▇▇ of Sale shall be deemed delivered by Sublessor to Sublessee only upon the commencement of this Sublease, and, if this Sublease does not commence, shall be void ab initio and of no effect. In the event of a termination of this Sublease (a) by reason of a default on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the PremisesSublessee; or (iib) decrease due to the expiration of the Master Lease, the foregoing Leasehold Improvements, together with any other improvements made subsequently, shall automatically become the property of Sublessor. In the event of an early termination of this Sublease not due to the expiration of the Master Lease and not due to the fault of Sublessor or Sublessee, all such Leasehold Improvements shall be conveyed by Sublessee to Sublessor and Sublessor shall pay to Sublessee the fair market value of the PremisesLeasehold Improvements valued as of the date of termination and with fair market value calculated as provided below. Tenant shall be responsible for If the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises Sublease is by reason of Sublessor’s default or as a result of Sublessor’s election to terminate in accordance with the provisions of Section 10, below, in which case, in addition to any other obligations of Sublessor to Sublessee, all such installation or removal. c. Tenant Leasehold Improvements shall indemnify be conveyed by Sublessee to Sublessor and hold Landlord harmless from Sublessor shall pay to Sublessee the fair market value of the Leasehold Improvements valued as of the date of termination and against all costs with fair market value calculated as provided below. In order to effect such conveyance (including reasonable attorneys’ fees and costs or, at Sublessor’s option in the event of suita termination for Sublessee’s default, to confirm the ownership of such improvements), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the PremisesSublessee shall take such actions and execute such documents as Sublessor may reasonably require, including, but not limited towithout limitation, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because execution of a claim against Tenant, Tenant shall cause the same to be canceled or discharged ▇▇▇▇ of record by bond or otherwise within thirty (30) days after notice by Landlordsale for such improvements. If Tenant shall fail Sublessee fails or refuses to cancel execute such documents or discharge said lien or lienstake such actions, within said thirty (30) day periodSublessee hereby appoints Sublessor as its attorney-in-fact with authority to execute such documents and take such actions, Landlord may, at its sole option, cancel or discharge the same which appointment is coupled with an interest and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameis irrevocable.

Appears in 2 contracts

Sources: Terminal 2 Sublease Rights Agreement (Tesoro Corp /New/), Terminal 2 Sublease Rights Agreement (Tesoro Logistics Lp)

Leasehold Improvements. a. Tenant accepts Landlord shall construct in the Premises “AS IS” without any agreements, representations, understandings or obligations the Leasehold Improvements (including the three (3) alternates) as are described on the part Tenant Improvement Summary below dated May 2, 2012 and the Preliminary Plan attached hereto as Exhibit “C1”. For clarity, the Landlord acknowledges and agrees that at the end of the Lease term (due to expiration or earlier termination in accordance with the terms of the Lease), the generator being provided will be owned in full by Tenant and Tenant may, at the expiration or earlier termination of the Agreement, remove such generator and upon removal Tenant shall repair any damage caused by such removal. In addition to the summary below, Landlord shall provide, based upon mutually acceptable plans, an allowance of One Hundred Thousand dollars ($100,000.00) to perform any alterationsbe utilized within the 13,250 SF “Expansion Premises” described on Exhibit “B” herein, repairs such being the Expansion Premises. This allowance shall be applied to coincide with an April 1, 2014 Base Rental Commencement Date or improvements except as expressly set forth such earlier date if Tenant gives Landlord written notice of such in accordance with the terms of this Lease. ADDITIONALLYAny modification to this summary shall be mutually agreed to by Landlord and Tenant with the cost difference reflected accordingly on any unamortized cost associated herein. The following Rules and Regulations are prescribed by Landlord in order to provide and maintain, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix best of Landlord’s ability, orderly, clean and desirable Premises, building and parking facilities for the tenants therein and to the exterior regulate conduct in and use of the Premises, any signs, air conditioners or other objects without memorializing the Building and parking facilities in such proposed alterations, attachments, or fixtures a manner as to minimize interference by others in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion proper use of the Premises by reason of Tenant. In the following Rules and Regulations, all references to Tenant include not only Tenant, but, also, Tenant’s acts or omissions or because of a claim against Tenantagents, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liensservants, within said thirty (30) day periodemployees, Landlord mayinvitees, at its sole optionlicensees, cancel or discharge the same and upon Landlord’s demandvisitors, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such lienspermitted assignees, including attorney fees in connection with same.and/or sublessees:

Appears in 2 contracts

Sources: Commercial Lease Agreement (Mavenir Systems Inc), Commercial Lease Agreement (Mavenir Systems Inc)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant, except that Tenant may remove its vacuum system equipment prior to the exterior Termination Date, provided Tenant shall repair any damage caused by the installation or removal of such vacuum system equipment. Tenant shall remove, at Tenant's expense, unless Landlord, by written notice to Tenant otherwise advises Tenant within 30 days prior to the Termination Date that Tenant shall not remove, the following: (1) Cable (defined in Section 10(a)) installed by or for the exclusive benefit of Tenant and that is located within the Premises; (2) Auxiliary Generator and/or Fuel Supply (defined in Section 10(c)) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Building; and (3) any or all Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard laboratory or office improvements (collectively referred to as "Required Removables"). Notwithstanding anything contained herein to the contrary, Landlord agrees that the Initial Alterations shall not be deemed Required Removables and may remain on the Premises at the end of the term and although Tenant shall not be required to remove any of the Initial Alterations, Tenant may remove the vacuum system equipment as provided above. Without limitation, it is agreed that Required Removables may include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems, building and roof penetrations, and property and equipment (including, without limitation, laboratory related equipment) permanently affixed to the Premises or to the Building systems, and structural alterations and modification of any type. The Required Removables designated by Landlord to be removed shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove any Required Removables required by Landlord to be removed or perform related repairs in a timely manner, Landlord, at Tenant's expense, may remove and dispose of such Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. If Landlord elects to retain any of the Required Removables, Tenant covenants that (i) such Required Removables will be surrendered in good condition, free and clear of all liens and encumbrances and (ii) if Cable is to be surrendered, it shall be left in safe condition, properly labeled at each end and in each telecommunications/electrical closet and junction box. Tenant may remove its trade fixtures, so long as such fixtures are not permanently affixed to the Building or the Building systems and not contained in or located above the ceiling, outside the demising walls, beneath the floor of the Premises or in the interior walls of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible time it requests approval for the cost of such alterations Initial Alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs for a proposed Alteration (including reasonable attorneys’ fees and costs of suitdefined in Section 10 (c)), lossesmay request in writing that Landlord advise Tenant whether the Initial Alterations, liabilities, the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts Initial Alterations or omissions or because of the Alteration will be designated as a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty Required Removable. Within ten (3010) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day periodreceipt of Tenant's request, Landlord mayshall advise Tenant in writing as to which portions of the Alteration, at its sole optionif any, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samewill be considered to be a Required Removable.

Appears in 2 contracts

Sources: Lease Agreement (Kolltan Pharmaceuticals Inc), Lease Agreement (Kolltan Pharmaceuticals Inc)

Leasehold Improvements. a. Tenant accepts shall receive a tenant improvement allowance of $18.00 per rentable square foot (the “Allowance”). Landlord will prepare the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlordaccordance with Tenant’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premisesapproved plans; provided, however, Landlord shall not be required (nor shall Tenant be allowed) to install any improvements that are not compatible with Landlord’s plans and specifications for the Building or which are not approved by Landlord or Landlord’s architect. The cost of any Tenant Improvements in excess of $18.00 per rentable square foot shall be borne by Tenant in accordance with the terms of the Work Letter Agreement attached hereto as Exhibit “B”. b. If for any reason the Premises should not be ready for occupancy by the Commencement Date, Landlord shall not be liable or responsible for any claims, damages or liabilities in connection therewith or by reason thereof. Notwithstanding the above, Landlord recognizes that time is of the essence for Tenant to occupy the premises by the Commencement Date stated herein. Landlord will use its best efforts to take, or cause to be taken, any and all reasonable and necessary steps within Landlord’s dominion and control to ensure that the leasehold improvements as set forth on the construction documents prepared by Design Collective and dated August 10,1999 are complete so as to allow Tenant occupancy by the Commencement Date. Should Landlord have cause for concern as to the timely substantial completion of the leasehold improvements as set forth herein, it shall notify Tenant accordingly and permit Tenant the opportunity to prioritize, to the extent practible, the work on leasehold improvements to facilitate Tenant’s possession and occupancy with functionality of the premises most critical to Tenant’s business operations. Tenant shall remove notify Landlord in timely fashion of the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused improvements most criticial to the Premises by reason of such installation or removalTenant’s operation. c. Tenant shall not make or allow to be made any alterations or physical additions in or to the Premises, or place safes, vaults or other heavy furniture or equipment within the Premises, without first obtaining the written consent of Landlord which consent shall not be unreasonably withheld so long as said alterations do not impact on Building systems or structure and are not visible from outside the Premises. All repairs, alterations or additions that affect the Building’s structural components or the Building’s mechanical, electrical and plumbing systems shall be made solely by Landlord or its contractor. d. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialmanmaterialmen’s liens asserted in connection therewith. This indemnification obligation No portion of Landlord’s interest in the Building shall survive the Term be subject to attachment on account of this Lease. d. any work performed by or on account of Tenant, and Tenant shall provide written notice of same to all of its contractors. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises Building by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameplus an administrative fee equal to fifteen percent (15%) of such costs.

Appears in 2 contracts

Sources: Office Lease Agreement, Office Lease Agreement (Active Network Inc)

Leasehold Improvements. a. The following provisions govern Leasehold Improvements constructed by Tenant: A. Tenant accepts shall not construct any Leasehold Improvements or otherwise alter the Premises “AS IS” without Landlord's prior approval if such action results in the demolition, removal, or material alteration of existing Improvements (including partitions, wall and floor coverings, ceilings, lighting fixtures or other utility installations) and if the cost of such construction or alteration exceeds Fifteen Thousand Dollars ($15,000) per work of improvement or if the cost of Leasehold Improvements done, under construction, or for which approval is sought during any agreementscalendar quarter exceeds Twenty-Five Thousand Dollars ($25,000). With respect to any Leasehold Improvements which must be approved by Landlord pursuant to the immediately preceding sentence, representationsTenant shall not commence construction of such Leasehold Improvements until Landlord shall have first approved the plans and specifications therefor, understandings or obligations on the part of which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord to perform shall have received Tenant's request for such approval. In no event shall Tenant make any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post which could significantly affect the structural integrity or attach or affix to the exterior design of the Premises, any signs, air conditioners or other objects Premises without memorializing such proposed alterations, attachments, or fixtures Landlord's prior approval. B. All Leasehold Improvements requiring Landlord's approval shall be installed by Tenant in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant work letter shall not commence construction of any Leasehold Improvements until (in form acceptable to i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, and (iii) if reasonably requested by Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to make interior, non-structural alterations Landlord if there are any perils relating to the Premises without proposed construction not covered by insurance carried pursuant to Article 9. If Landlord so requests in writing with respect to Leasehold Improvements requiring Landlord’s consent's prior approval, so long as Tenant shall inform Landlord of Tenant's scheduled date for commencement of construction at least five (5) days prior to such alterations do not date of commencement. C. At all times during the Lease Term, (i) affect Tenant shall maintain all plans and change orders prepared in connection with the structure construction of any Leasehold Improvements which required a building permit or electricalother governmental approval, plumbing, or mechanical systems of the Premises; or and (ii) decrease the value of the Premises. Tenant shall be responsible for the cost provide to Landlord copies of such alterations or signsplans and change orders (and, to the extent Tenant causes such to be prepared for its own use, "As-Built" plans) at any time that Landlord requests copies thereof. D. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to install its trade fixtures and equipment in, upon and about remove only the Premises; provided, however, that Tenant shall remove the same on or before the expiration following kinds of this Lease, and if Leasehold Improvements so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair long as it repairs all damage caused by the installation thereof and returns the Premises to the Premises by reason condition existing prior to the installation of such installation Leasehold Improvements: (i) built-in cabinets, file drawers and bookcases; (ii) computer room air conditioning; (iii) canteen equipment; (iv) office cubicle systems; and (v) ornamental statues. At the expiration or removal. c. sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not remove shall indemnify be surrendered to Landlord as a part of the realty and hold shall then become Landlord's property, and Landlord harmless from and against shall have no obligation to reimburse Tenant for all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason value or cost thereof. However, if Landlord so requires, at the expiration or earlier termination of Tenant’s acts or omissions or because of a claim against Tenantthe Lease Term, Tenant shall cause remove any Leasehold Improvements designated for removal by Landlord and shall restore the same Premises to be canceled or discharged the condition existing prior to the installation of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail such Leasehold Improvements to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.extent necessary to return the Premises to substantially the

Appears in 2 contracts

Sources: Lease (United Defense Lp), Lease (United Defense Lp)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems, laboratory equipment and structural alterations and modifications of any signs, air conditioners type. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant’s expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs of same incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 business days after receipt of Tenant’s acts or omissions or because request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.

Appears in 2 contracts

Sources: Office Lease Agreement (Collegium Pharmaceutical, Inc), Office Lease Agreement (Collegium Pharmaceutical Inc)

Leasehold Improvements. a. Tenant accepts shall not construct any Leasehold ---------------------- Improvements or otherwise alter the Premises “AS IS” without Landlord's prior approval if such action results in the removal or alteration of any agreementsmaterial portion of existing Improvements (including wall and floor coverings, representationsceilings, understandings lighting fixtures or obligations on other utility installations) and (a) the part cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to perform any alterations, repairs the Premises which could significantly affect the structural integrity or improvements except as expressly set forth the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises reconfigure demountable walls and partitions without Landlord’s 's prior written consent, so long as . All such alterations do approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) affect the structure or electricalall required governmental approvals and permits shall have been obtained, plumbing, or mechanical systems of the Premises; or (ii) decrease the value all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the Premises. commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be responsible made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the cost Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of such alterations or signsTenant during the Lease Term. Tenant shall have the right to install its trade fixtures remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and equipment inreturns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, upon all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and about shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the Premisesvalue or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the same on provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or before (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration of this Lease, and if so requested by Landlord, promptly after any or earlier termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalLease Term. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 2 contracts

Sources: Lease (Objective Systems Integrators Inc), Lease (Objective Systems Integrators Inc)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, includingincluding any Alterations (collectively, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation “Leasehold Improvements”) shall survive remain upon the Premises at the end of the Term of this Lease. d. Should any contractor’swithout compensation to Tenant. Landlord, mechanic’s or other liens be filed against any portion of the Premises however, by reason of Tenant’s acts or omissions or because of a claim against Tenant, written notice to Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within at least thirty (30) days after notice prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable (defined in Section 9.01) installed by or for the benefit of Tenant for the purposes of the installation of telecommunications equipment, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal restrooms and showers, vaults, rolling file systems and structural alterations and modifications. Landlord agrees that Initial Alterations shall not be Required Removables so long as such Initial Alterations are consistent with the schematic drawing/floorplan attached as Exhibit L (provided that the IT Room shown thereon will not contain a raised floor and that the library shown thereon will not contain any rolling file). The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant shall fail fails to cancel or discharge said lien or liens, within said thirty (30) day periodperform its obligations in a timely manner, Landlord maymay perform such work at Tenant’s expense. Tenant, at its sole optionthe time it requests approval for a proposed Alteration, cancel may request in writing that Landlord advise Tenant whether the Alteration or discharge any portion of the same Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. However, it is agreed that Required Removables shall not include any usual office improvements such as gypsum board, partitions, ceiling grids and upon Landlord’s demandtiles, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liensfluorescent lighting panels, including attorney fees in connection with samebuilding standard doors and non-glued down carpeting.

Appears in 2 contracts

Sources: Office Lease Agreement (Oxford Immunotec Global PLC), Office Lease Agreement (Oxford Immunotec Global PLC)

Leasehold Improvements. a. Tenant accepts shall not construct any Leasehold Improvements or otherwise alter the Premises “AS IS” or Project without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent approval and not until Landlord shall have first approved the plans and specifications therefor (in each case not to samebe unreasonably withheld or delayed). Notwithstanding In no event shall Tenant make any alterations to the foregoingPremises or Project which could affect the structural integrity or the exterior design of the Premises or Project. All such approved Leasehold Improvements shall be installed by Tenant at Tenant’s expense using a licensed contractor first reasonably approved by Landlord in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained and copies of same have been provided to Landlord, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least ten (10) days prior written notice of its intention to commence such construction, and (iv) if requested by Landlord in its reasonable discretion, Tenant shall have the right obtained or caused its general contractor to make interior, non-structural alterations obtain contingent liability and broad form builders risk insurance and/or completion and performance bonds in an amount reasonably satisfactory to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for pay to Landlord a fee of 3 percent (3%) of the total cost of design and construction of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by work for Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to ’s services in protecting the Premises by reason of such installation or removal. c. Tenant and shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs expenses incurred in canceling or discharging such liens, including attorney fees by Landlord in connection with samethe review, approval and supervision of any Leasehold Improvements made by Tenant. All Leasehold Improvements shall remain the property of Tenant during the Lease Term, but shall not be damaged, altered, or removed from the Premises. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements shall be removed from the Premises in accordance with the provisions of Section 16.2.

Appears in 2 contracts

Sources: Lease Agreement (Avago Technologies Manufacturing (Singapore) Pte. Ltd.), Lease Agreement (Avago Technologies LTD)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including any Alterations (defined in Section 9.03) but excluding Tenant’s Property (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant (including, but not limited to, work not completed any pantry and kitchen appliances installed by or for Tenant), provided that Tenant, at its expense, removes any Required Removables (as hereinafter defined), including any Cable (defined in Section 9.01 below), in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant (the “Removal Notice”) delivered prior to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a workmanlike manner nature that would require removal and any contractor’srepair costs that are materially in excess of the removal and repair costs associated with standard office improvements (the Cable and such other items collectively are referred to as “Required Removables”). Required Removables shall include, mechanics’ or materialman’s liens asserted without limitation, vending machines, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause have an obligation to remove the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same to as contemplated by the immediately preceding sentence. The Required Removables shall be canceled removed by Tenant before the Expiration Date or discharged earlier termination of record by bond this Lease or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said following the date of the Removal Notice if the date of the Removal Notice is not at lease thirty (30) day perioddays prior to the Expiration Date or earlier termination date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord maymay perform such work at Tenant’s expense. Tenant, at its sole optionthe time it requests approval for a proposed Alteration, cancel may request in writing that Landlord advise Tenant whether the Alteration, or discharge any portion thereof, is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameAlteration are Required Removables.

Appears in 2 contracts

Sources: Office Lease Agreement, Office Lease Agreement (Loxo Oncology, Inc.)

Leasehold Improvements. a. Except as otherwise provided, Landlord shall, at its expense, complete the improvements/modifications at Building 60 as shown on the plans and specifications as submitted by the Spectrum Design Group’s dated January 5, 2007, of which the design specifications and finishes shall be similarly consistent with such finishes as outlined in the previously submitted drawings dated September 1, 2006. Landlord shall perform any other work, requested by Tenant, at Tenant’s sole cost and expense. Additionally, Landlord shall provide Tenant accepts with an Allowance (“Landlord Allowance”) in the amount of $60,000.00, which will be utilized by Tenant to offset design and relocation expenses associated for the renovations to and their physical move into 60 Corporate W▇▇▇▇ (the “Costs”). Tenant will submit to Landlord copies of paid invoices for such Costs on a monthly basis and, within five (5) business days from their receipt thereof, Landlord shall reimburse Tenant for said costs. Landlord’s Allowance shall be available for Tenant’s use until December 31, 2008 after which date any unused portion of the Allowance shall be forfeited by Tenant.” Tenant covenants and agrees that upon expiration of the term of this Lease, including any extension thereof, Tenant, at the election of Landlord, will remove all tenant improvements other than those which are part of the Work, and return the Premises “AS IS” without any agreements, representations, understandings or obligations on to Landlord in the part of Landlord to perform any alterations, repairs or improvements except same condition as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the PremisesCommencement Date, any signs, air conditioners or other objects without memorializing except for reasonable wear and tear and occurrences pursuant to Sections 13 and 14 hereof. Landlord agrees to exercise such proposed alterations, attachments, or fixtures election by notifying Tenant in a Tenant work letter (in form acceptable writing 90 days prior to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and or any extension terms, if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalextended. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 1 contract

Sources: Lease Agreement (Harris Interactive Inc)

Leasehold Improvements. a. (a) Tenant hereby accepts the Premises “AS ISas-iswithout any agreementssubject to Landlord’s obligation to deliver the Premises in compliance with Exhibit C attached hereto. Tenant hereby agrees that the provisions of Exhibit D shall govern the construction of Tenant’s initial leasehold improvements. Once construction of the improvements has commenced and subject to Section 9.02(1) herein, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to construct the Premises nor post or attach or affix improvements in a commercially reasonable and diligent manner in accordance with Exhibit D attached hereto. Landlord agrees to the exterior of deliver the Premises, at Landlord’s expense, in Base Building Condition, as defined in Exhibit C attached hereto, on the Effective Date. (b) Notwithstanding any signslanguage contained herein or in Exhibit D to the contrary, air conditioners if for any reason the Premises should not be ready for occupancy by the Commencement Date, Landlord shall not be liable or responsible for any claims, damages or liabilities in connection therewith or by reason thereof, however, the respective Rental Commencement Dates shall be extended on a day-for-day basis for each day of Landlord Delay, subject to the terms of Exhibit D. (c) Except for Permitted Alterations (as defined below), Tenant shall not make or allow to be made any improvements, alterations or physical additions in or to the Premises, or place safes, vaults or other objects heavy furniture or equipment within the Premises, without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and first obtaining Landlord’s prior the written consent of Landlord which consent shall not be unreasonably withheld so long as said alterations are not unsightly from outside the Premises. Tenant shall deliver to sameLandlord a copy of the “as-built” plans and specifications for all alterations or physical additions so made in or to the Premises. Notwithstanding the foregoing, Tenant shall have the right to make interiornon-structural, non-structural MEP (mechanical, electrical, plumbing) alterations to (including painting and carpeting) without the Premises without Landlord’s consentconsent of Landlord (“Permitted Alterations”), so long as (i) Tenant notifies Landlord in writing of its intention to do such work at least ten (10) days prior to the initiation of such work, (ii) if any are prepared, Tenant provides to Landlord a copy of plans and specifications for such work, a construction schedule and a list of contractors and subcontractors, (iii) such alterations do not cause excessive loads on the Building and its systems and are not visible from the exterior of the Premises, and (iv) Tenant obtains and furnishes to Landlord required building permits and certificates of occupancy, if any are required. Subject to Landlord’s reasonable prior approval of such improvements as part of Tenant’s Construction Documents, Landlord hereby acknowledges and agrees that Tenant shall be entitled to make improvements to the portion of the Building fire stairways that connect any floors occupied solely by Tenant. Such improvements may include, without limitation, paint, wallcoverings, carpeting or other floor covering, decorative railing, upgraded lighting and upgraded ceilings. Any and all such improvements shall be subject to compliance with applicable Building code requirements. (d) Approval by Landlord of any of Tenant’s drawings and plans and specifications prepared in connection with any alterations, improvements, modifications or additions to the Premises or the Project shall not constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications, or alterations, improvements, modifications or additions to which they relate, for any use, purpose or conditions, but such approval shall merely be the consent of Landlord as required hereunder. Any and all furnishing, equipping and improving of or other alteration and addition to the Premises shall be: (i) affect made at Tenant’s sole cost, risk and expense, and Tenant shall pay for Landlord’s actual third-party, out-of-pocket costs incurred to review the structure plans and specifications for any such alterations or electrical, plumbing, or mechanical systems of the Premisesadditions; or (ii) decrease performed in a prompt, good and workmanlike manner with labor and materials of such quality as Landlord may reasonably require; (iii) constructed in accordance with all plans and specifications approved in writing by Landlord prior to the value commencement of any such work (except for Permitted Alterations), which approval shall not be unreasonably withheld, conditioned or delayed; (iv) prosecuted diligently and continuously to completion so as to cause no interference with the normal business operations of other tenants in the Building, the performance of Landlord’s obligations under this lease or any mortgage or ground lease covering or affecting all or any part of the PremisesBuilding or the Land and any work being done by contractors engaged by Landlord with respect to or in connection with the Building; (v) performed by contractors approved in writing by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; and (vi) Tenant shall obtain and furnish Landlord with a copy of the DeKalb County building permit and certificate of occupancy if required for any such improvement, and Tenant shall have no (and hereby waives all) right to payment or compensation for such building permit or certificate of occupancy. Tenant shall be responsible for the cost notify Landlord upon completion of such alterations, improvements, modifications or additions and Landlord shall inspect same for workmanship and compliance with the approved plans and specifications. Tenant and its contractors shall comply with all reasonable requirements Landlord may impose on Tenant or its contractors with respect to such work (including but not limited to, insurance, indemnity and bonding requirements), and shall deliver to Landlord a complete copy of the “as-built” or final plans and specifications for all alterations or signsphysical additions so made in or to the Premises (except for Permitted Alterations) within thirty (30) days of completing the work. Landlord will not be entitled to any construction management fee in connection with any Permitted Alterations but will be entitled to charge a five percent (5%) construction management fee for any other alterations, physical additions, modifications or improvements in or to the Premises for which Tenant selects Landlord to supervise such work. (e) All alterations, physical additions, modifications or improvements in or to the Premises (including fixtures) shall, when made, become the property of Landlord and shall have the be surrendered to Landlord upon termination or expiration of this lease or termination of Tenant’s right to install its trade fixtures and equipment in, upon and about occupy the Premises, whether by lapse of time or otherwise, without any payment, reimbursement or compensation therefor; provided, however, that (i) Tenant shall retain title to and shall remove from the Premises movable equipment or furniture owned by Tenant, and (ii) Tenant repairs any damage caused thereby. Notwithstanding any of the foregoing to the contrary, Landlord shall have the right to require Tenant to remove any fixtures or leasehold improvements, alterations, additions or improvements including, without limitation, Tenant’s initial improvements to the Premises which are of a type not customary for normal office buildout (e.g., raised flooring, safes or vaults, dining rooms, etc.) including, without limitation, any cabling located outside of the Premises which shall include any cabling in the Building risers, chase, or between floors; provided, however, Landlord may only require such removal upon expiration or earlier termination of this lease if Landlord notified Tenant at the time Landlord approved Tenant’s plans that removal would be required. Landlord shall not have the right to require Tenant to remove standard office cabling or other computer or communication wiring that is located solely in the Premises. If Tenant does not remove such alterations, additions or improvements which Landlord is entitled to and requires Tenant to remove, Landlord has the right to remove the same on or before the expiration of this Lease, at Tenant’s sole cost and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalexpense. c. (f) Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialmanmaterialmen’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. (g) Tenant shall have no power to act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the reversion or other estate of Landlord, the Project or the Premises. Should any contractor’s, mechanic’s or other liens liens, however, be filed against any portion of the Premises Project by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled cancelled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liensliens by bonding or otherwise in accordance with Georgia law, within said thirty (30) day 30)-day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs actually incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 1 contract

Sources: Lease Agreement (Homebanc Corp)

Leasehold Improvements. a. Tenant accepts shall comply with the Tenant improvement schedule attached hereto and made a part hereof as Exhibit "B". The Leased Premises “AS IS” without shall be remodeled and improved in accordance with Exhibit "B" and plans and specifications submitted and signed by Tenant. Landlord shall provide Tenant with a finish allowance of $15.00/square foot of Net Rentable Area ($111,405.00), plus demolition as set forth on Exhibit B-2 (the "Allowance"), to include space planning and design, construction, relocation costs, architectural and construction management, and MEP drawings. The Allowance shall include costs for demolition of partitions as shown on Exhibit "B-2" attached hereto. After receipt of the approved working drawings and pricing letter agreement described in said Exhibit "B", Landlord will partition and prepare said Leased Premises in accordance therewith; however, Landlord shall not be required to install any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs partitions or improvements except as expressly set forth which are not in this Leaseconformity with the plans and specifications for the Building or which are not approved by Landlord or Landlord's architect, and Landlord shall be required to bear the expense of installing only the items listed in Exhibit "B" hereto which can be installed at a cost not to exceed the Allowance. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior All installations in excess of the PremisesAllowance ("Tenant's Costs") shall be for Tenant's account, any signsand Tenant shall pay, air conditioners or other objects without memorializing such proposed alterationsas additional rent hereunder, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord, an amount therefor equal to Landlord's actual cost thereof, including associated architectural and engineering fees, if any, plus an additional charge of fifteen percent (15%) and obtaining Landlord’s prior written consent to samecover overhead, promptly upon being invoiced therefor. Notwithstanding the foregoingAdditionally, Tenant shall have the right pay all ad valorem taxes and increased insurance premiums that are payable on account of any of Tenant's improvements that are in addition to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not those items (ior quantities thereof) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premisesdescribed on Exhibit "B" hereto. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made Failure by Tenant to the Premises, including, but not limited to, work not completed pay any sums described in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted this Section 3.01 in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise full within thirty (30) days after notice its receipt of an invoice therefor will constitute failure to pay rent when due and an event of default by Tenant hereunder, giving rise to all remedies available to Landlord under this Lease and at law for nonpayment of rent. It is stipulated that time is of the essence in connection with Tenant's compliance with the terms of Exhibit "B". Landlord may make insubstantial changes in its preparation of the Leased Premises without Tenant's approval. Landlord may make substantial changes in its preparation of the Leased Premises only with Tenant's approval, which approval shall not be unreasonably withheld. Upon completion by Landlord of the work to be performed by it in preparation of the Leased Premises substantially in accordance with Exhibit "B", Landlord will tender possession of such premises to Tenant, and Tenant will accept and occupy the Leased Premises, if completed pursuant to Exhibit "B", subject to punch list items which Landlord will complete as soon as reasonably possible. The work to be performed by Landlord in the preparation of the Leased Premises shall be deemed to have been completed substantially in accordance with Exhibit "B", notwithstanding that adjustments may be required to be made by Landlord in its work and that minor items of Landlord's work have not been fully completed, so long as Tenant would be able to use the Leased Premises for the purpose provided hereunder upon performance of Tenant's own construction and installation of its fixtures and equipment. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Completion substantially in accordance with Exhibit "B" by Landlord may, at its sole optionbut need not be, cancel evidenced by a certificate of completion or discharge the same and upon certificate of substantial completion issued by Landlord’s demand's architect. Subject to Section 3.03, after such tender of possession by Landlord, Tenant may enter the Leased Premises under all the terms and conditions of this Lease (except that no rental shall promptly reimburse be payable until the commencement of the term as specified in Article 4 hereof) for the purpose of performing its construction work in the Leased Premises and installing its fixtures. Entry into possession by Tenant will constitute acknowledgment by Tenant that the Leased Premises are in the condition called for by this Lease and that Landlord for has performed all reasonable costs incurred in canceling or discharging such liensof Landlord's visible obligations relating to preparation of the Leased Premises, including attorney fees in connection with samebut subject to punch list items.

Appears in 1 contract

Sources: Lease Agreement (Pinnacle Global Group Inc)

Leasehold Improvements. a. Tenant accepts A. Except as otherwise specifically provided elsewhere in this Lease or in the Work Letter Agreement, if any, attached hereto as Exhibit C and incorporated herein, all installations and improvements now or hereafter placed on or in the Premises “AS IS” without any agreementsby Landlord shall be for Tenant's account and at Tenant's cost, representations, understandings or obligations on the part of which cost shall be payable by Tenant to Landlord to perform any upon demand as additional Rent. B. Any and all alterations, repairs or additions and improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signsall attached furniture, air conditioners equipment and non-trade fixtures (collectively, "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant. Any unattached and movable equipment or furniture, trade fixtures or other objects without memorializing such proposed alterationspersonalty of Tenant ("Tenant's Property") shall be owned and insured by Tenant. Landlord may, attachmentsnonetheless, require Tenant to remove any Leasehold Improvements performed by or fixtures in a for the benefit of Tenant work letter and all electronic, phone and data cabling as are designated by Landlord (in form acceptable to Landlordthe "Required Removables") and obtaining Landlord’s prior written consent to sameat Tenant's sole cost. Notwithstanding In the foregoingevent that Landlord so elects, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as remove such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same Required Removables on or before the expiration of this Lease, and if so requested by Landlord, promptly after any or earlier termination of this Lease; Lease and provided, further, that Tenant shall promptly thereafter repair all any damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail fails to cancel or discharge said lien or liens, within said thirty (30) day periodremove the Required Removables after Landlord's request therefor, Landlord maymay remove, store or dispose of the Required Removables at its sole optionTenant's cost, cancel or discharge the same and upon Landlord’s repair any damage caused by such removal and Tenant shall pay Landlord as additional Rent hereunder, on demand, all such costs. Landlord shall not require Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging to remove any usual office improvements such liensas gypsum board, including attorney fees in connection with samepartitions, ceiling grids and tiles, fluorescent lighting panels, building standard doors and carpeting.

Appears in 1 contract

Sources: Office Lease (Tenera Inc)

Leasehold Improvements. a. Landlord at Landlord’s cost agrees to provide those improvements in the Leased Premises set forth on Exhibit B attached hereto. No later than July 15,2004, Tenant accepts shall provide Landlord or Landlord’s agent with a detailed floor plan layout, together with working drawings and written instructions (hereinafter “Tenant’s Plans”), sufficiently detailed to enable Landlord to construct the Premises various improvements indicated by Tenant on Tenant’s Plans. Landlord shall have 15 days after receipt thereof to notify Tenant of its approval of Tenant’s Plans, which approval shall not be unreasonably withheld. If the Tenant’s Plans or any part thereof are disapproved by Landlord, Landlord shall notify Tenant of the reason of such disapproval in writing. After notice of disapproval, Tenant shall submit revised Tenant’s Plans for Landlord’s approval within 15 days, and this process shall continue until the Tenant’s Plans are approved by Landlord. Landlord shall indicate on Tenant’s Plans which improvements or work are in addition to the work or improvements called for on Exhibit B. Such work or improvements will hereinafter be referred to as AS ISExtra Work.without any agreements, representations, understandings or obligations The Extra Work shall be as detailed and described on the part of Landlord Exhibit F hereto. The time required to perform any alterationsExtra Work shown on Tenant’s Plans will be indicated by Landlord at the time of approval of Tenant’s Plans and, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLYif the time necessary for the installation and completion of the Extra Work extends beyond the commencement of the Lease term, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASEsuch term shall commence with no abatement of rent, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions notwithstanding the Landlord’s inability to complete the work prior to the Premises nor post or attach or affix to the exterior beginning of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a term. After Tenant’s Plans have been approved by both Tenant work letter (in form acceptable to and Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to may not make interior, non-structural changes and alterations to the Premises in Tenant’s Plans without Landlord’s consentadvance written approval. In addition, so long as Tenant agrees to reimburse Landlord immediately for such approved changes and alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible in Tenant’s Plans in an amount equal to Landlord’s actual cost for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures design and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason construction of Tenant’s acts changes or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameimprovements.

Appears in 1 contract

Sources: Lease (Southwest Casino Corp)

Leasehold Improvements. a. Tenant accepts shall not construct any Leasehold Improvements or otherwise alter the Leased Premises “AS IS” without any agreementsLandlord's prior approval if the cumulative cost therefore over the Term of this Lease exceeds One Thousand Dollars ($1,000.00) or such work affects the structural parts, representationsbuilding systems, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the PremisesBuilding. In no event shall improvement work be undertaken by Tenant until Landlord shall have first approved the plans and specifications therefore, any signswhich approvals shall not be unreasonably withheld. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense, air conditioners or other objects without memorializing such proposed alterationsusing a licensed and financially sound contractor first approved by Landlord, attachments, or fixtures in substantial compliance with the approved plans and specifications therefor. All construction done by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant work letter shall not commence construction of any Leasehold improvements until (in form acceptable to Landlorda) all required governmental approvals and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoingpermits shall have been obtained, (b) all requirements regarding insurance imposed by this Lease shall have been satisfied, (c) Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not given Landlord at least five (i5) affect the structure or electrical, plumbing, or mechanical systems days prior written notice of the Premises; or actual date for which such construction shall commence, (iid) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have notified Landlord by telephone of the right commencement of construction on the day it commences, and (e) Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to install its trade fixtures Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. All Leasehold Improvements shall remain the property of Tenant during the Lease Term but shall not be altered or removed from the Leased Premises. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements shall be surrendered to Landlord as part of the realty and equipment inshall then become Landlord's property, upon and about Landlord shall have no obligation to reimburse Tenant for all or any portion of the Premisesvalue or cost thereof; provided, however, that if Landlord requires Tenant to remove any Leasehold Improvements in accordance with the provisions of Article 15, then Tenant shall so remove such Leasehold Improvements and restore the same on or before Leased Premises to their condition prior to the installation of such improvements prior to the expiration of this Lease, and if so requested by Landlord, promptly after any or sooner termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused the Lease Term. As a condition to the Landlord’s prior approval for any Leasehold Improvements, Landlord may require Tenant to increase the amount of the Security Deposit to an amount necessary to restore the Leased Premises by reason to their condition prior to the installation of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit)improvements, losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same which amount is to be canceled or discharged of record determined by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liensLandlord in its sole, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samegood faith discretion.

Appears in 1 contract

Sources: Lease Agreement (Knightscope, Inc.)

Leasehold Improvements. a. Tenant accepts Any trade fixtures, unattached and movable equipment or furniture, or other personalty brought into the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. by Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord"Tenant's Property") shall be owned and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premisesinsured by Tenant. Tenant shall be responsible for the cost of remove all such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to Tenant's Property from the Premises by reason in accordance with the terms of such installation or removal. c. Tenant shall indemnify Article XXXV hereof. Any and hold Landlord harmless from all alterations. additions and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, includingincluding any built-in furniture (collectively "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, but not limited all without compensation, allowance or credit to Tenant. Landlord may, nonetheless, at any time prior to, work not completed in a workmanlike manner and any contractor’sor within six (6) months after, mechanics’ the expiration or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term earlier termination of this Lease. d. Should Lease or Tenant's right to possession, require Tenant to remove any contractor’sLeasehold Improvements performed by or for the benefit of Tenant and all electronic, mechanic’s or other liens be filed against any portion of phone and data cabling as are designated by Landlord (the Premises by reason of "Required Removables") at Tenant’s acts or omissions or because of a claim against Tenant's sole cost. In the event that Landlord so elects, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise remove such Required Removables within thirty ten (3010) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by Landlordsuch removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition. If Tenant shall fail fails to cancel remove any specified Required Removables or discharge said lien or liensto perform any required repairs and restoration within the time period specified above, Landlord, at Tenant's sole cost and expense, may remove, store, sell and/or dispose of the Required Removables and perform such required repairs and restoration work. Tenant, within said thirty five (305) day perioddays after demand from Landlord, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for any and all reasonable costs incurred in canceling or discharging such liens, including attorney fees by Landlord in connection with samethe Required Removables.

Appears in 1 contract

Sources: Office Lease Agreement (RDC International Inc)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions and to the Premises nor post or attach or affix to (but excluding Tenant’s furniture, trade fixtures, signage and equipment), including any Alterations (collectively, “Leasehold Improvements”) shall remain upon the exterior Premises at the end of the Premises, any signs, air conditioners or other objects Term without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable compensation to Tenant. Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that by written notice to Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within at least thirty (30) days after notice prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable (defined in Section 9.01) installed by or for the benefit of Tenant, and (b) any Alterations (including, without limitation, the Tenant’s Work) that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office and manufacturing improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant shall fail fails to cancel or discharge said lien or liens, within said thirty (30) day periodperform its obligations in a timely manner, Landlord maymay perform such work at Tenant’s expense. Tenant, at its sole optionthe time it requests approval for a proposed Alteration, cancel may request in writing that Landlord advise Tenant whether the Alteration or discharge any portion of the same Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. However, it is agreed that Required Removables shall not include any usual office or manufacturing improvements such as gypsum board, partitions, ceiling grids and upon Landlord’s demandtiles, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liensfloor tiles, including attorney fees in connection with samefluorescent lighting panels, HVAC equipment, Building standard doors and non-glued down carpeting.

Appears in 1 contract

Sources: Lease Agreement (Cogentix Medical Inc /De/)

Leasehold Improvements. a. Tenant accepts Any trade fixtures, unattached and movable equipment or furniture, or other personalty brought into the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. by Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord"Tenant's Property") shall be owned and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premisesinsured by Tenant. Tenant shall be responsible for the cost of remove all such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to Tenant's Property from the Premises by reason in accordance with the terms of such installation or removal. c. Tenant shall indemnify Article XXXV hereof. Any and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or and improvements made by Tenant to the Premises, includingincluding any built-in furniture (collectively, but not limited to"Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, work not completed in a workmanlike manner and all without compensation, allowance or credit to Tenant. Landlord may, nonetheless, at any contractor’s, mechanics’ time within six (6) months after the expiration or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term earlier termination of this Lease. d. Should Lease or Tenant's right to possession, require Tenant to remove any contractor’sLeasehold Improvements performed by or for the benefit of Tenant and all electronic, mechanic’s or other liens be filed against any portion of phone and data cabling as are designated by Landlord (the Premises by reason of "Required Removables") at Tenant’s acts or omissions or because of a claim against Tenant's sole cost. In the event that Landlord so elects, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise remove such Required Removables within thirty ten (3010) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by Landlordsuch removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition. If Tenant shall fail fails to cancel remove any specified Required Removables or discharge said lien or liensto perform any required repairs and restoration within the time period specified above, Landlord, at Tenant's sole cost and expense, may remove, store, sell and/or dispose of the Required Removables and perform such required repairs and restoration work. Tenant, within said thirty five (305) day perioddays after demand from Landlord, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for any and all reasonable costs incurred in canceling or discharging such liens, including attorney fees by Landlord in connection with samethe Required Removables.

Appears in 1 contract

Sources: Office Lease (Symbion Inc/Tn)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including any Alterations (defined in Section 9.03) (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant (including, but not limited to, work not completed any pantry and kitchen appliances installed by or for Tenant), provided, however, and notwithstanding the foregoing, Tenant shall, at Tenant’s expense, remove all Required Removables (as hereinafter defined), including any Cable installed by Tenant (defined in a workmanlike manner and Section 9.01 below), in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant (the “Removal Notice”) given at the time of its consent to any contractor’sAlteration, mechanics’ or materialman’s liens asserted provided Tenant has requested in writing that Landlord identify any Required Removables in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanicwith Landlord’s consent to such Alteration (or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise delivered within thirty (30) days after Landlord receives written notice by of Tenant’s desire to perform a Cosmetic Alteration (as hereinafter defined)), may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (the Cable and such other items collectively are referred to as “Required Removables”). If Required Removables shall also include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in this Lease, Tenant shall fail have an obligation to cancel remove the Required Removables specifically enumerated in this sentence upon the expiration or discharge said lien earlier termination of this Lease whether or liens, not Landlord delivers notice to Tenant requiring removal of the same as contemplated by the immediately preceding sentence. The Required Removables shall be removed by Tenant before the Expiration Date or earlier termination of this Lease or within said thirty (30) day perioddays following the date of the Removal Notice if the date of the Removal Notice is not at lease thirty (30) days prior to the Expiration Date or earlier termination date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may, may perform such work at its sole option, cancel or discharge the same and upon LandlordTenant’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameexpense.

Appears in 1 contract

Sources: Office Lease Agreement (Cara Therapeutics, Inc.)

Leasehold Improvements. a. Landlord agrees to construct and install the Leasehold Improvements (herein so called) which are generally described in preliminary drawings and design criteria attached hereto as Exhibit “B” and made a part hereof. Immediately after the execution hereof Landlord and Tenant accepts will cooperate with one another to prepare final plans and specifications for the Premises construction and installation of the Leasehold Improvements. Such final plans and specifications, when approved in writing by Landlord and Tenant, shall be attached to this Lease as Exhibit AS ISB-▇without any agreements, representations, understandings and shall become a part hereof. No failure or obligations refusal on the part of Landlord Tenant to perform any alterations, repairs approve final plans and specifications within a reasonable time after the execution hereof shall render this Lease void or improvements except as expressly voidable nor shall it delay the Commencement Date set forth in this Leaseparagraph l(d) hereof. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. No delay caused by Tenant agrees that it will make no exterior during the construction or structural alterations or additions to the Premises nor post or attach or affix to the exterior installation of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding Leasehold Improvements shall delay the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration Commencement Date of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of Lease from what it would have been had such installation or removal. c. Tenant shall indemnify and hold delay not occurred. Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord mayshall, at its sole optioncost, cancel procure all building and other permits required for the construction of the Leasehold Improvements as contemplated by this paragraph 5, and Landlord shall pay all mitigation fees, impact fees, tap-in and connection fees or discharge other fees assessed against Landlord incidental to such construction. Landlord and Tenant acknowledge that the same Landlord has computed the Basic Rental by budgeting an allowance of $238,710.12 (the “Allowance”) for Interior Tenant Improvements (herein so called) to be constructed within the Building. Both parties acknowledge that the Allowance is not a firm budget nor a final estimate of costs. Should the total cost of the Interior Tenant Improvements exceed the Allowance, the annual Basic Rental shall be automatically increased by an amount equal to 10% of such excess. Similarly, should the total cost of the interior Tenant Improvements be less than the Allowance, the annual Basic Rental shall be automatically decreased by an amount equal to 10% of such savings. Within a reasonable time following the Commencement Date, Landlord and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling execute an amendment to this Lease setting forth the final annual Basic Rental and monthly Basic Rental resulting from any increases or discharging such liensdecreases, including attorney fees in connection with sameif any, set forth above.

Appears in 1 contract

Sources: Industrial Lease Agreement (Collegiate Pacific Inc)

Leasehold Improvements. a. 9.1 Tenant accepts to take space "as is" and shall at its cost, construct its leasehold improvements. The above notwithstanding, Landlord has in accordance with specific agreement with Tenant, made certain modifications to the Premises “AS IS” without demised space at no cost to Tenant. Landlord further warrants that modifications which were made for the previous Tenant and which continue to exist were made in accordance with Federal and Local code provisions and that a Certificate of Occupancy was duly tendered by the Borough of New Providence. Tenant, has been in possession of the demised space under a sub-lease since May 1, 1995 and hereby affirms that the space as defined under Clause 1 of this Lease was tendered in satisfactory condition. 9.2 Tenant acknowledges that except as herein otherwise expressly provided, neither Landlord nor any agreements, representations, understandings or obligations on the part agent of Landlord to perform has made any alterations, repairs representation or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions warranty with respect to the Premises nor post or attach the Building or affix with respect to the exterior suitability of either for the Premisesconduct of Tenant's business, nor has Landlord agreed to undertake any signsmodification, air conditioners alteration or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations improvement to the Premises without Landlord’s consent, so long except as indicated above. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such alterations time in satisfactory condition. (a) Tenant shall not do not (i) nor permit anything to be done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate or affect any fire or other insurance upon the structure Building or electrical, plumbingany of its contents, or mechanical systems cause a cancellation of any insurance policy covering said Building or any part thereof or any of its contents, nor shall Tenant sell or permit to be kept, used or sold in or about said Premises any articles which may be prohibited by standard form policy of fire insurance. (b) Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Premises; Building, or (ii) decrease injure or annoy them, or use or allow the value of Premises to be used for an unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance in or about the Premises. Tenant shall not commit or suffer to be responsible for committed any waste in or upon the Premises. Tenant shall not bring onto the Premises any apparatus, equipment or supplies that may overload the Premises or the Building or any utility or elevator systems or jeopardize the structural integrity of the Building or any part thereof. (c) Tenant shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with, and at its sole cost and expense shall promptly comply with, any Legal Requirement now in force or which may hereafter be enacted or promulgated relating to the condition, use or occupancy of the Premises, excluding structural changes. The judgment of any court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any Legal Requirement, shall be inclusive of the fact as between Landlord and Tenant. 9.4 In the event Tenant shall require any work in addition to Landlord's work, it shall advise Landlord of such requirement and Landlord shall submit in writing to Tenant the extra cost of such alterations or signsadditional work, together with the details of the scope of such work to be performed ("Extra Tenant Work"). In the event Tenant requests Extra Tenant Work, it shall have pay the right cost thereof to install its trade fixtures Landlord within fifteen (15) days after written requisition thereof and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested certification by Landlord, promptly after any termination of this Lease; and provided, further, 's architect that the Extra Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalWork has been completed as required. c. Tenant 9.5 Landlord covenants and agrees that all Landlord's Work shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed be performed in a good and workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Leaseaccordance with all applicable laws and regulations. d. Should any contractor’s, mechanic’s or other liens 9.6 The Premises shall be filed against any portion of deemed Ready for Occupancy upon the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameCommencement Date.

Appears in 1 contract

Sources: Lease Agreement (Computer Outsourcing Services Inc)

Leasehold Improvements. a. (a) Tenant accepts shall receive a tenant improvement allowance of $31.00 per square foot of Rentable Square Feet (the “Tenant Improvement Allowance”), to be paid in installments in accordance with Exhibit D, no more often than once per month. Tenant may elect to increase the Tenant Improvement Allowance by up to an additional $5.00 per square foot of Rentable Square Feet by giving written notice of its desire to do so to Landlord on or before the Floor Ready Date, in which event the Initial Base Rental payable hereunder shall increase by $0.18 per Rental Square Foot per annum for each dollar of increase of Tenant Improvement Allowance which Tenant elects to use above the primary allowance of $31.00 per RSF. Tenant hereby agrees that the provisions of Exhibit D shall govern the construction of Tenant’s initial leasehold improvements. Tenant shall not install any improvements which are not compatible with Landlord’s plans and specifications for the Building or which are not approved by Landlord or Landlord’s architect. Landlord shall at Landlord’s cost provide to Tenant on-floor improvements as described in Exhibit C “Base Building Shell Condition.” (b) Notwithstanding any language contained herein or in Exhibit D to the contrary, if for any reason the Leased Premises “AS IS” should not be ready for occupancy by the Commencement Date, Landlord shall not be liable or responsible for any claims, damages or liabilities in connection therewith or by reason thereof. (c) Tenant shall not make or allow to be made any alterations or physical additions in or to the Leased Premises, or place safes, vaults or other heavy furniture or equipment within the Leased Premises, without any agreements, representations, understandings or obligations on first obtaining the part written consent of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written which consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, not be unreasonably withheld so long as such said alterations do not (i) affect impact on Building systems or structure and are not visible from outside the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Leased Premises. Tenant shall be responsible deliver to Landlord a copy of the record drawings for the cost of such all alterations or signsphysical additions so made in or to the Leased Premises. Tenant shall have further specifically agrees that no food, soft drink or other vending machine will be installed within the right to install its trade fixtures and equipment inLeased Premises without the written consent of Landlord, upon and about the Premises; providedwhich consent will not be unreasonably withheld, howeverdelayed or conditioned, provided that Tenant shall remove be allowed to install such vending machines for the same on or before sole use of Tenant’ s employees so long as the expiration vending machine is not visible from outside of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalLeased Premises. c. (d) Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Leased Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialmanmaterialmen’s liens asserted in connection therewith. This indemnification obligation No portion of Landlord’s interest in the Building shall survive the Term be subject to attachment on account of this Leaseany work performed by or on account of Tenant, and Tenant shall provide written notice of same to all of its contractors. d. (e) Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises Building by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameand if canceling or discharging such liens requires active managerial oversight by Landlord, Landlord shall be entitled to collect an administrative fee equal to fifteen percent (15%) of the cost thereof.

Appears in 1 contract

Sources: Sublease Agreement (Cumberland Pharmaceuticals Inc)

Leasehold Improvements. a. Tenant accepts the SUBJECT TO ITEM 44. OF THIS LEASE, THE Premises “AS IS” are rented "as is," without any agreementsadditional services or improvements to be rendered by Landlord, representationsother than those services described in Item 9 and such other services or improvements as may be described in Exhibit "B" attached hereto and expressly made a part hereof. If Landlord is to additionally alter, understandings remodel, improve, or obligations do any physical act or thing to the space as presently constituted or as described in Exhibit "B", same shall be at the sole expense of Tenant and shall be effected only by an "Extra Work Agreement" signed by the parties. In the absence of an "Extra Work Agreement" signed by the parties, Landlord is under no obligation to make any such alteration, remodeling or improvement or do any physical act or thing to the space. Referencing the contents of this Item 12, Items 13 and 14 below, Exhibit "B" hereto and any such Extra Work Agreement(s), Landlord's consent to any such repairs, maintenance, alterations, additions, improvements or other work and/or Landlord's approval of the plans, specifications and drawings associated therewith shall create no responsibility or liability on the part of Landlord to perform any alterationsor its contractor(s) or architect(s) for their completeness, repairs design sufficiency or improvements except as expressly set forth in this Lease. ADDITIONALLYcompliance with applicable laws, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASErules, LANDLORD MAKES NO WARRANTIEScodes, EXPRESS OR IMPLIEDregulations, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISESetc., INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing but rather such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant responsibility/liability shall be responsible for the cost of such alterations or signsborne by Tenant; NEVERTHELESS, LANDLORD'S ARCHITECT SHALL CONFIRM IN WRITING TO TENANT THAT THE WORK (AND IF APPLICABLE, THE EXPANSION SPACE WORK) COMPLIES WITH ALL THEN (RESPECTIVELY) APPLICABLE CODES, LAWS, REGULATIONS, RULES, ETC., PERTAINING THERETO. Tenant shall have the right to install its trade fixtures Any and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees extraordinary expenses and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant nature whatsoever attributable to the Premisesinstallation, includingmaintenance and/or removal of telephone equipment, but not limited computer equipment and the like shall be borne solely by Tenant. Tenant's telephone equipment shall be restricted to, work not completed in a workmanlike manner and any contractor’smust be installed within, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this LeasePremises. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 1 contract

Sources: Lease Agreement (Liquidmetal Technologies)

Leasehold Improvements. a. Tenant accepts Any trade fixtures, unattached and movable equipment or furniture, or other personalty brought into the Premises “AS IS” by Tenant ("Tenant's Property") shall be owned and insured by Tenant. Tenant shall remove all such Tenant's Property from the Premises in accordance with the terms of Article XXXV hereof. Any and all alterations, additions and improvements to the Premises, including any built-in furniture (collectively, "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant unless the parties agree otherwise in writing. Landlord may, nonetheless, at any agreementstime prior to, representationsor within six (6) months after, understandings the expiration or obligations on earlier termination of this Lease or Tenant's right to possession, require Tenant to remove any Leasehold Improvements performed by or for the part benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables within ten (10) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by such removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition. If Tenant fails to remove any specified Required Removables or to perform any alterationsrequired repairs and restoration within the time period specified above, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLYLandlord, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASEat Tenant's sole cost and expense, LANDLORD MAKES NO WARRANTIESmay remove, EXPRESS OR IMPLIEDstore, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior sell and/or dispose of the PremisesRequired Removables and perform such required repairs and restoration work. Tenant, within five (5) days after demand from Landlord, shall reimburse Landlord for any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures and all reasonable costs incurred by Landlord in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameconnection with the Required Removables. Notwithstanding the foregoing, Tenant may request in writing at the time it submits its plans and specifications for an alteration, addition or improvement, that Landlord advise Tenant whether Landlord will require Tenant to remove, at the termination of this Lease or Tenant's right to possession hereunder, such alteration, addition or improvement, or any particular portion thereof and Landlord shall advise Tenant within twenty (20) days after receipt of Tenant's request as to whether Landlord will require removal; provided, however, Landlord shall have the right to make interiorrequire Tenant to remove any vault, non-stairway, raised floor or structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to installed in the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term regardless of this Leasewhether Landlord timely notified Tenant that it would require such removal. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 1 contract

Sources: Office Lease (United States Exploration Inc)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited towithout limitation, work not completed Alterations, are collectively referred to herein as “Leasehold Improvements.” Tenant shall remove, at Tenant’s expense, the following (collectively referred to as “Required Removables”): (a) Cable installed by or for the exclusive benefit of Tenant and located in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s Premises or other liens portions of the Building; and (b) any or all Leasehold Improvements that are performed by or for the benefit of Tenant. Notwithstanding the foregoing, Landlord may allow Tenant to leave Leasehold Improvements that are, in Landlord’s reasonable judgment, typical office improvements that do not materially increase the removal, repair and/or installation costs of future tenant improvements, all of the foregoing of which shall be filed against owned by Landlord and shall remain at the Premises without compensation to Tenant. Furthermore, Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Premises by reason Alteration will be designated as a Required Removable. Within ten (10) days after receipt of Tenant’s acts request, Landlord shall advise Tenant in writing as to which portions of the Alteration, if any, will be considered to be Required Removables. By way of illustration and not of limitation, the following items will typically be included as Required Removables: internal stairways, raised floors, rolling file systems, equipment and property permanently affixed to the Premises or omissions or because the Building systems, building and roof penetrations and structural alterations and modification of a claim against Tenantany type. If Landlord elects to retain any of the Leasehold Improvements, Tenant shall cause the same covenants that (i) such Leasehold Improvements will be surrendered in good condition, free and clear of all liens and encumbrances and (ii) if Cable is to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant surrendered, it shall fail to cancel or discharge said lien or liensbe left in safe condition, within said thirty (30) day period, Landlord may, properly labeled at its sole option, cancel or discharge the same each end and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameeach telecommunications and/or electrical closet and junction box.

Appears in 1 contract

Sources: Lease Agreement (Higher One Holdings, Inc.)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any Any alterations, additions, refurbishment or repairs or improvements except as expressly set forth in this and maintenance to the Sublease Premises shall be the sole responsibility of Subtenant and shall be completed, subject to subparagraph (i) below, at Subtenant’s sole cost and shall be commenced and completed subject to the Master Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions (i) Sublandlord hereby consents to Subtenant’s planned alterations/demolition of the Sublease Premises prior to the Premises nor post or attach or affix Commencement Date, more particularly described on Exhibit C attached hereto and made a part hereof (“Subtenant’s Alterations”). Sublandlord agrees to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining obtain Master Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural approval of Subtenant’s Alterations and any subsequent alterations to the Premises without Landlord’s consentSublease Premises, so long as and all such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems work shall be performed in accordance with Paragraph 6.2 of the Premises; or Master Lease, Paragraph 6.2 of the Addendum to the Lease, and the paragraph with the heading “Tenant Improvements” in the Second Amendment. Sublandlord shall provide Subtenant with a tenant improvement allowance in the amount of $102,753.00 for completion of Subtenant’s Alterations, which Sublandlord shall pay to Subtenant within ten (10) days of demand by Subtenant following completion of Subtenant’s Alterations. (ii) decrease at the value expiration of the Premises. Tenant shall be responsible for Sublease term, Subtenant will leave the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures Sublease Premises in no worse condition than upon occupation, ordinary wear and equipment in, upon and about the Premisestear excepted; provided, however, that Tenant Subtenant shall remove not be obligated to restore the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused Sublease Premises to the Premises by reason condition that existed prior to completion of such installation or removalSubtenant’s Alterations. c. Tenant (iii) Subtenant shall not make or permit any alterations without the prior written approval of Sublandlord and Landlord. All improvements, alterations or additions made by Subtenant shall be made in compliance with the terms of the Master Lease and with Landlord’s consent pursuant thereto. (iv) Subtenant shall indemnify and hold Landlord Sublandlord harmless from any and against all costs (including reasonable attorneys’ fees and costs of suit)claims, lossesliens, liabilities, attachments or causes of action other liabilities whatsoever arising out of from or relating to Subtenant’s Alterations or Subtenant’s occupation and use of the Sublease Premises, including any alterationsholdover by Subtenant after the expiration of the Sublease term, additions or improvements made by Tenant to the Premisesextent such claims, includingliens, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s attachments or other liens liabilities were not caused by the negligence or willful misconduct of Sublandlord. Any and all such claims, notices of lien, or attachments for work performed on or materials furnished to the Sublease Premises shall be filed against any portion of the Premises cured and removed by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise Subtenant within thirty (30) days after of Subtenant’s receipt of notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liensthereof. (v) Subtenant is responsible for compliance with all federal, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same state and upon Landlordlocal requirements arising out of Subtenant’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liensuse, including attorney fees in connection with samethe obtaining of any required occupancy certificates, regardless of whether or not leasehold improvements are made.

Appears in 1 contract

Sources: Sublease Agreement (Pixelworks Inc)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord All improvements in and to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including any signsAlterations (collectively, air conditioners “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. However, by written notice to Tenant at least 30 days prior to the Termination Date, Landlord may require Tenant, at its expense, to remove (a) any Cable (defined in Section 9.01) installed by or for the benefit of Tenant, and (b) any Identified Alterations or other objects Alterations installed after the date hereof that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without memorializing limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date, provided that, upon prior written notice delivered to Landlord at least 30 days before the Termination Date, Tenant may retain possession of the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables, in which event Tenant’s possession of the Premises during such proposed alterationsperiod shall be subject to all of the terms and conditions of this Lease, attachments, including the obligation to pay Base Rent and Additional Rent on a per diem basis at the rates in effect for the last month of the Term. Tenant shall repair damage caused by the installation or fixtures removal of Required Removables. If Tenant fails to perform its obligations in a Tenant work letter timely manner, Landlord may perform such work, in which event Tenant, within 30 days after receipt of written request (in form acceptable to together with an invoice) from Landlord) and obtaining Landlord’s prior written consent to same, shall reimburse Landlord for the reasonable cost incurred by Landlord for such work. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant shall have whether the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure Alteration or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day periodrequest, Landlord mayshall advise Tenant in writing as to which portions of the Alteration, at its sole optionif any, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samewill be Required Removables.

Appears in 1 contract

Sources: Office Lease Agreement (Coinstar Inc)

Leasehold Improvements. a. Tenant accepts Tenant, following the delivery of the Leased Premises “AS IS” without any agreementsby Landlord and the full and final execution and delivery of the Lease to which this Exhibit E-1 is attached and all prepaid rental, representationsthe Security Deposit and insurance certificates required under the Lease, understandings or obligations on shall have the part of Landlord right to perform any alterations, repairs or alterations and improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Leased Premises nor post or attach or affix to (the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same“Initial Alterations”). Notwithstanding the foregoing, Tenant and its contractors shall not have the right to make interior, non-structural alterations to perform the Initial Alterations in the Leased Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems unless and until Tenant has complied with all of the Premises; or (ii) decrease the value terms and conditions of Article 5 of the PremisesLease, including, without limitation, approval by Landlord of the final plans for the Initial Alterations and the contractors to be retained by Tenant to perform such Initial Alterations, and Exhibit E-2 attached hereto. Tenant shall be responsible for all elements of the cost design of such alterations or signs. Tenant shall have Tenant's plans (including, without limitation, compliance with law, functionality of design, the right to install its trade fixtures structural integrity of the design, the configuration of the Leased Premises and equipment inthe placement of Tenant's furniture, upon appliances and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Leaseequipment), and if so requested by Landlord, promptly after any termination 's approval of this Lease; and provided, further, that Tenant's plans shall in no event relieve Tenant shall promptly thereafter repair all damage caused of the responsibility for such design. In addition to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenantforegoing, Tenant shall cause be solely liable for all costs and expenses associated with or otherwise caused by Tenant's performance and installment of the same Initial Alterations (including, without limitation, any legal compliance requirements arising outside of the Leased Premises). Landlord's approval of the contractors to perform the Initial Alterations shall not be unreasonably withheld. The parties agree that Landlord's approval of the general contractor to perform the Initial Alterations shall not be considered to be canceled unreasonably withheld if any such general contractor (a) does not have trade references reasonably acceptable to Landlord, (b) does not maintain insurance as required pursuant to the terms of the Lease, (c) does not have the ability to be bonded for the work in an amount of no less than one hundred fifty percent (150%) of the total estimated cost of the Initial Alterations, (d) does not provide current financial statements reasonably acceptable to Landlord, (e) does not agree to comply with the terms and conditions of Exhibit E-2, or discharged (f) is not licensed as a contractor in the state/municipality in which the Leased Premises is located. Tenant acknowledges the foregoing is not intended to be an exclusive list of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail the reasons why Landlord may reasonably withhold its consent to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samea general contractor.

Appears in 1 contract

Sources: Office Space Lease Agreement (Extreme Networks Inc)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions and to the Premises nor post or attach or affix to excluding Tenant’s Property (as that term is defined in Section 14 below), including the exterior Initial Improvements and any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Premises, any signs, air conditioners or other objects Term without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable compensation to Tenant. Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that by written notice to Tenant shall remove given concurrently with Landlord’s approval of the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused applicable Leasehold Improvements to the Premises by reason of extent such installation or removal. c. Tenant shall indemnify approval is required hereunder (and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice Tenant’s request for such determination with respect to any work for which Landlord’s approval is not required hereunder), may require Tenant, at its expense, to remove any Initial Improvements or Alterations, other than Cable (defined below), that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal restrooms and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by LandlordTenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant shall fail fails to cancel or discharge said lien or liens, within said thirty (30) day periodperform its obligations in a timely manner, Landlord maymay perform such work at Tenant’s expense. Tenant, at its sole optionthe time it requests approval for a proposed Alteration, cancel may request in writing that Landlord advise Tenant whether the Alteration or discharge any portion of the same Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s written request accompanied by plans and upon Landlord’s demandspecifications of the proposed Alterations at issue, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. However, it is agreed that Required Removables shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging not include any usual office improvements such liensas gypsum board, including attorney fees in connection with samepartitions Building standard, ceiling grids and tiles, fluorescent lighting panels, Building standard doors and non-glued down carpeting.

Appears in 1 contract

Sources: Office Lease Agreement (Zipcar Inc)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post made by or attach or affix for the benefit of Tenant, including Tenant Improvements pursuant to the exterior Work Letter and Alterations (defined in Section 8(c)) (collectively, “Leasehold Improvements”), shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, except to the extent Landlord delivers to Tenant written notice, prior to the expiration or earlier termination of the Lease, instructing Tenant that any of the following Required Removables shall remain upon the Premises, Tenant shall remove at Tenant’s cost and expense: (a) Cable (defined in Section 8(a)) installed by or for the exclusive benefit of Tenant, excluding any signs, air conditioners Cable installed as part of the Tenant Improvements constructed pursuant to Exhibit D or installed in the Premises or other objects portions of the Building following the Commencement Date (i.e., after Tenant’s initial build-out); and (b) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables include without memorializing limitation internal stairways, raised floors, personal baths and showers, vaults, rolling file systems, and structural alterations and modifications of any type. The Required Removables designated by Landlord shall be removed by Tenant before the Expiration Date (or if earlier, the date on which this Lease terminates), provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to five days after the Expiration Date (or such proposed alterationsearlier termination date) for the sole purpose of removing the Required Removables. Tenant’s remaining in the Premises shall be subject to all of the terms and conditions of this Lease, attachments, including the obligation to maintain insurance and pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall reimburse Landlord for the cost to repair damage caused by the installation or fixtures removal of Required Removables. If Tenant fails to remove any Required Removables in a Tenant work letter (in form acceptable timely manner, Landlord, at Tenant’s expense, may remove and dispose of the Required Removables. Tenant, within 10 days after delivery of an invoice, shall reimburse Landlord for repair and/or removal costs incurred by Landlord pursuant to Landlord) and obtaining Landlord’s prior written consent to samethis Section. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interiortime it requests approval for a proposed Alteration, non-structural alterations to may request in writing that Landlord inform ▇▇▇▇▇▇ whether the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure Alteration or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of Alteration will be designated as a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) Required Removable. Within 10 days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day periodreceipt of ▇▇▇▇▇▇’s request, Landlord mayshall inform ▇▇▇▇▇▇ in writing as to which portions of the Alteration, at its sole optionif any, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samewill be considered Required Removables.

Appears in 1 contract

Sources: Office Lease Agreement

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and structural modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant's expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because 's request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.

Appears in 1 contract

Sources: Lease Agreement (Centura Software Corp)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sametype. Notwithstanding the foregoing, Tenant may request in writing at the time it submits its plans and specifications for Leasehold Improvements, that Landlord advise Tenant whether Landlord will require Tenant to remove, at the termination of this Lease or Tenant's right to possession hereunder, such Leasehold Improvements, or any particular portion thereof, and Landlord shall advise Tenant within ten (10) days after receipt of Tenant's request as to whether Landlord will require removal; provided, however, Landlord shall have the right to make interior, non-structural alterations require Tenant to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure remove any vault or electrical, plumbing, or mechanical systems of stairway installed in the Premises, regardless of whether Landlord timely notified Tenant that it would require such removal; or (ii) decrease the value of provided further, however, in any event Tenant shall remove any raised floor installed in the Premises. Tenant The Required Removables designated by Landlord shall be responsible removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the cost sole purpose of removing the Required Removables, but in no event shall any such alterations holdover in the Premises constitute or signscreate a tenancy-at-will under existing applicable law. Tenant Tenant's possession of the Premises shall have be subject to all of the right to install its trade fixtures terms and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration conditions of this Lease, and if so requested by Landlord, promptly after any termination including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of this Lease; and provided, further, that the Term. Tenant shall promptly thereafter repair all damage caused to by the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs removal of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by LandlordRequired Removables. If Tenant shall fail fails to cancel remove any Required Removables or discharge said lien or liensperform related repairs in a timely manner, Landlord, at Tenant's expense, may remove and dispose of the Required Removables and perform the required repairs. Tenant, within said thirty (30) day period30 days after receipt of an invoice, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all the reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameby Landlord.

Appears in 1 contract

Sources: Office Lease Agreement (Interliant Inc)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables, but in no event shall any such holdover in the Premises constitute or other objects without memorializing such proposed alterationscreate a tenancy-at-will under existing applicable law. Tenant’s possession of the Premises shall be subject to all of the terms and conditions of this Lease, attachments, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or fixtures removal of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant’s expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.

Appears in 1 contract

Sources: Sublease Agreement (Homebanc Corp)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date (or at least 90 days prior to the Termination Date if Tenant requests in writing at least 100 days prior to the Termination Date that Landlord provide such written notice to Tenant on or before such 90 day period) require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables, but in no event shall any such holdover in the Premises constitute or other objects without memorializing such proposed alterationscreate a tenancy-at-will under existing applicable law. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, attachments, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or fixtures removal of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant's expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined in Section IX.C), including any Initial Alterations (as defined in EXHIBIT D), may request in writing that Landlord advise Tenant shall have whether the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure Alteration or electrical, plumbing, or mechanical systems any portion of the Premises; or (ii) decrease the value of the Premises. Tenant shall Alteration must be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, removed upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided. Within 10 days after receipt of Tenant's request, furtherLandlord shall advise Tenant in writing as to which portions of the Alteration, that Tenant shall promptly thereafter repair all damage caused if any, will be required to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term be removed upon termination of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 1 contract

Sources: Office Lease Agreement (Nova Corp \Ga\)

Leasehold Improvements. a. Tenant accepts Pursuant to the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth provisions in this Lease and the UTEP Ground Lease, the LESSEE shall obtain the LESSOR‟s and UTEP‟S approval prior to the construction of any leasehold improvements. ADDITIONALLYWithin 90 days of the Effective Date of the Lease, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASEor at least 60 days prior to the date of any subsequent improvements proposed by ▇▇▇▇▇▇, LANDLORD MAKES NO WARRANTIESthe LESSEE shall submit to the LESSOR and UTEP the LESSSE‟S plans, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior specifications and working drawings for ▇▇▇▇▇▇'s construction or structural alterations or additions of any improvements to the Premises nor post or attach or affix (the “Leasehold Improvements”), and a schedule for completion of such Leasehold Improvements for review and approval. Such Leasehold Improvements shall include, but not be limited to the exterior installation of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterationsawnings, attachmentscanopies, landscaping or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameon the Premises or GRTT. Notwithstanding In addition, the foregoing, Tenant LESSEE shall have pay for all of the right to make interior, non-structural alterations costs for any necessary improvements to the Premises without Landlord’s consentdesired by LESSEE or required by law to permit the preparation, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems handling and serving of the Premises; or (ii) decrease the value of food on the Premises. Tenant During construction, the construction of the Leasehold Improvements shall be responsible for not interfere with access from the cost Premises to the common areas of such alterations or signsGRTT and the area designated as the Pedestrian Plaza. Tenant LESSEE shall have the no right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused whatsoever to the interior or exterior walls or the roof of the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the GRTT outside the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same except as expressly approved. Any Leasehold Improvements permitted to be canceled installed by LESSEE shall incorporate new or discharged completely reconditioned fixtures and materials. No work shall commence until the City Manager or her designee has given written approval. It is specifically understood that the Real Estate division is only one of record by bond numerous departments of the LESSOR and that, in addition to obtaining approval of the Real Estate Manager, LESSEE shall be required to obtain the approval of other departments as well, such as Engineering, Municipal Services, or otherwise within thirty (30) days after notice by LandlordBuilding and Planning Services. If Tenant In addition, pursuant to the terms and conditions of the Ground Lease, the LESSEE agrees that the approval of the Leasehold Improvements from UTEP shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samealso be required.

Appears in 1 contract

Sources: Retail Lease Agreement

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant's expense, any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the Premisesremoval and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype, air conditioners but shall not include Cable (defined in Section IX. A.). The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterationsremoval of Required Removables. Upon Tenant's removal of the Required Removables, attachments, Landlord and Tenant shall jointly inspect the Premises and agree in writing upon the satisfactory completion of the Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant's expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C.), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because 's request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.

Appears in 1 contract

Sources: Office Lease Agreement (Drugstore Com Inc)

Leasehold Improvements. a. (a) Tenant accepts will accept the entire Premises (including, without limitation, the Fifth Amendment Expansion Space) in its then-current, AS ISas-iswithout condition as of the Extended Term Commencement Date (except for any agreementsLatent Defects (as hereinafter defined), representationsand subject to Landlord’s ongoing repair, understandings or maintenance, service, and legal compliance obligations on under the part Lease), and Landlord will have no obligation to make any improvements to the Fifth Amendment Expansion Space beyond the completion of Landlord to perform any alterationsLandlord’s standard shell delivery, repairs or improvements except as more particularly described in Exhibit “C” of the Original Lease, which shall be in compliance with all applicable Laws. Except as expressly set forth provided herein, there are no rental abatements, improvement allowances, moving allowances or other payments, credits or allowances of any kind whatsoever being made or provided by Landlord with respect to the expansion of the Existing Premises to include the Fifth Amendment Expansion Space or the extension of the Term for the Extended Term. A “Latent Defect” is a defect in this Lease. ADDITIONALLYany Building system, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASEbase Building improvement or structural element of the Building, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVEDwhich defect would not ordinarily be observed during a careful walk-through inspection by a reasonable tenant. b. (b) Landlord agrees to provide Tenant agrees that it will make no exterior or structural alterations or additions an allowance of up to [***] (the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord“Fifth Amendment Improvement Allowance”) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signsconstruction of certain improvements within the Premises subject to and in accordance with the terms of the “Work Letter” attached hereto as Exhibit “B” and by this reference made a part hereof (the “Fifth Amendment Leasehold Improvements”). The Fifth Amendment Leasehold Improvements will be constructed by Tenant in accordance with the Work Letter. In no event will Landlord be obligated to expend more than the Fifth Amendment Improvement Allowance for the design and construction of the Fifth Amendment Leasehold Improvements. Tenant shall have will be responsible for all costs of designing and constructing the right Fifth Amendment Leasehold Improvements in excess of the Fifth Amendment Improvement Allowance. (c) Subject to install its trade fixtures and equipment inthe terms of this Paragraph 6(c), upon and about provided that there does not exist an Event of Default under the Premises; providedAmended Lease, howeverafter application of the Fifth Amendment Improvement Allowance to Tenant’s Construction Costs (as defined in the Work Letter) in accordance with the Work Letter, that Tenant shall remove may, by written notice to Landlord (the same “Election Notice”) on or before the expiration Allowance Expiration Date (as defined in the Work Letter), elect to apply any then-remaining unused portion of this Leasethe Fifth Amendment Improvement Allowance to the actual, out-of-pocket expenses incurred by Tenant for the cost of purchasing and installing furniture, trade fixtures, equipment, telephone and data cabling, and if so requested by Landlord, promptly after any termination of this Lease; other similar non-construction items and provided, further, that Tenant shall promptly thereafter repair all damage caused to signs in the Premises by reason of such installation or removal. c. (collectively, “FF&E Costs”). If Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating elects to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against apply any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against TenantFifth Amendment Improvement Allowance to FF&E Costs, Tenant shall cause must specify the same portion of the Fifth Amendment Improvement Allowance to be canceled or discharged so applied in the Election Notice, and the Election Notice must be accompanied by invoices from Tenant evidencing expenditure of record such sums by bond or otherwise within thirty (30) days Tenant. Landlord will reimburse Tenant for such actual, out-of-pocket expenses promptly upon receipt of the Election Notice and such invoices. However, ▇▇▇▇▇▇▇▇ will have no obligation to reimburse Tenant for any such FF&E Costs for which invoices are submitted after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameAllowance Expiration Date.

Appears in 1 contract

Sources: Lease (Rocket Companies, Inc.)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreementsAt its sole cost and expense, representations, understandings or obligations on the part of Landlord Vendor may make leasehold improvements to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant In making such improvements, the Vendor shall submit plans for such improvements to Exeter for approval, which approval shall not be unreasonably withheld or delayed. The Vendor shall use a licensed contractor wherever necessary to make such improvements using a contractor approved by Exeter, which approval shall not be unreasonably withheld or delayed. Vendor shall make or cause to be made such improvements promptly, in a good workmanlike manner, in compliance with all applicable permits and authorizations and building and zoning laws and all laws, in accordance with the orders, rules and regulations of the Board of Fire Insurance Underwriters and any other body hereafter exercising similar functions having or asserting jurisdiction over the RCC, and according to the plans approved by Exeter. Excepting only removable, furniture, equipment and decorations, all such improvements shall become the property of Exeter at the expiration or termination of the Agreement and shall be responsible for surrendered with the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the PremisesRCC premises; provided, however, that Tenant shall Exeter may condition its consent to any such improvements to a condition requiring Vendor to remove the same on or before any such improvements upon the expiration of this Lease, and if so requested by Landlord, promptly after any or termination of this Lease; the Agreement Term and provided, further, that Tenant shall promptly thereafter repair all damage caused restoring the RCC to the Premises by reason of condition which existed on the date Vendor took possession, subject to normal wear and tear and casualty and condemnation. In the event that Vendor desires to cause such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating improvements to any alterations, additions or improvements be made by Tenant prior to the Premisescommencement date and provided the RCC is not otherwise occupied, including, but not limited to, work not completed in Vendor is hereby granted a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive license to enter into the Term of this LeaseRCC for such purpose. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 1 contract

Sources: Food and Beverage License and Concessionaire Agreement

Leasehold Improvements. a. Following completion of Landlord’s Work (defined in Exhibit C hereto) and Tenant’s acceptance of the Premises from Landlord, subject to the "punch list" items and latent defects identified in accordance with Section 1(b) above, Tenant accepts the Premises same “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEASEHOLD IMPROVEMENTS OR TO LANDLORD’S WORK, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant shall be entitled to a Tenant Improvement Allowance (defined and set forth in Exhibit C). Notwithstanding the Tenant Improvement Allowance, Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s 's consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Except as may be covered by Tenant’s Improvement Allowance, Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys' fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics' or materialman’s 's liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s 's or other liens be filed against any portion of the Premises by reason of Tenant’s 's acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s 's demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 1 contract

Sources: Triple Net Office Lease Agreement (Franklin Financial Network Inc.)

Leasehold Improvements. a. 3.01 The following provisions shall apply to the construction of the Leasehold Improvements: (a) Prior to commencing the Leasehold Improvements, Tenant accepts shall submit to Landlord for Landlord's review and approval (i) the names and addresses of Tenant's contractors (and said contractors (and said contractor's subcontractors) and materialmen to be engaged by Tenant for the Leasehold Improvements (individually, a "TENANT CONTRACTOR" and collectively, "TENANT'S CONTRACTORS"), and (ii) certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant's Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. Landlord has the right to reasonably approve or disapprove all or any one or more of Tenant's Contractors. (b) Tenant, at its sole cost and expense (subject to the Allowance, as hereinafter defined), shall perform, or cause to be performed, the Leasehold Improvements in the Leased Premises “AS IS” without in accordance with the Construction Documents. The Leasehold Improvements shall be constructed in a good and workmanlike fashion, in accordance with the requirements set forth herein and in compliance with all applicable laws, statutes, ordinances, codes, rules and regulations. Tenant shall commence the construction of the Leasehold Improvements promptly after completion of the preconstruction activities described in paragraph 3.01(a) above and shall diligently proceed with all such construction. Tenant shall coordinate the construction of the Leasehold Improvements so as to avoid unreasonable interference with any agreements, representations, understandings other work being performed by or obligations on the part behalf of Landlord and other tenants of the Building. (c) Tenant shall, at its own cost and expense, obtain all required building permits and occupancy permits. Tenant's failure to perform obtain such permits shall not cause a delay in the Lease Commencement Date or the obligation to pay Rent or any alterations, repairs or improvements except as expressly other obligations set forth in this the Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. 3.02 If there are any changes in the Leasehold Improvements requested by, or on behalf of, Tenant agrees from the work as reflected in the Construction Documents, each such change must receive the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed, and Tenant shall bear the cost of all such changes. 3.03 Tenant acknowledges that it will make no exterior or structural alterations or additions Landlord's sole monetary obligation is to pay the costs attributable to the Premises nor post or attach or affix to the exterior construction of the PremisesLeasehold Improvements, up to an aggregate maximum limit of $20.00 per square foot of Tenant's Square Footage (the "ALLOWANCE"), and Tenant shall pay all other costs of the construction of the Leasehold Improvements ("TENANT'S SHARE"). In addition, all costs attributable to changes and variations from the Construction Documents (including, without limitation, any signsfees and expenses of the consultants and any increased costs of construction) shall be paid by Tenant. The Allowance shall be paid out to Tenant from time to time during the course of construction of the Leasehold Improvements, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures but not more often than once a month. Disbursements of the requested amounts shall be made upon submission to Landlord of the following documents: (a) a draw request from Tenant in a Tenant work letter (in form acceptable to Landlord, together with copies of the invoices for which payment is being requested; (b) lien waivers (to the extent available under local law) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoingsworn statements from Tenant's Contractors, Tenant shall have the right to make interiorsubcontractors, non-structural alterations laborers and material suppliers pertaining to the Premises without Landlord’s consent, so long as such alterations do not Leasehold Improvements; (ic) affect a certificate from Tenant's architect that all work (labor and materials) for which the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures draw request has been made has been completed and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed performed in a good and workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted substantially in connection therewith. This indemnification obligation shall survive accordance with the Term of this Lease.Construction Documents; d. Should any contractor’s, mechanic’s or other liens be filed against (d) such evidence as Landlord may reasonably require certifying that any portion of the Premises Leasehold Improvements requiring inspection by reason governmental authorities has been duly inspected and approved; and (e) such other evidence as Landlord may reasonably require in order to establish that the work for which payment is being requested has been satisfactorily completed and paid for or is to be paid for from the requested disbursement. In addition, the final payment request shall also be accompanied by (1) final lien waivers from Tenant's Contractor, subcontractors, laborers and material suppliers, (2) as-built drawings of the Leased Premises; and (3) a certificate from Tenant's architect that the Work has been substantially completed in accordance with the Construction Documents. 3.04 Tenant shall pay Landlord a supervisory fee in an amount equal to three percent (3%) of the direct cost of the materials and labor for the Work (and all change orders with respect thereto) to defray Landlord's administrative and overhead expenses incurred to review the Plans and coordinate with Tenant's project manager the staging and progress of the Work. 3.05 Notwithstanding anything to the contrary contained herein, up to $10.00 per square foot of Tenant’s acts or omissions or because 's Square Footage of a claim against the Allowance may be applied to the cost of the following: (i) permits and inspections, (ii) architectural and engineering costs, (iii) Tenant's moving costs, (iv) Landlord's supervisory fees, (v) the costs of consultants utilized by Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samethe Leased Premises, (vi) furniture or furnishings to be installed in the Leased Premises, (vii) telecommunications and cabling in the Leased Premises, (viii) Tenant's signage at the Leased Premises, and (ix) Base Rent due hereunder.

Appears in 1 contract

Sources: Lease Agreement (Pc Tel Inc)

Leasehold Improvements. a. Tenant accepts Landlord shall make the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or leasehold improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to shown on the exterior of Plans and Specifications that have been approved by Landlord (the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same"Work"). Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant Landlord shall be responsible for the cost of such alterations or signs. the Work, up to THIRTY and 00/100 DOLLARS ($30.00) per rentable square foot of the Premises, and Tenant shall have be responsible for all costs of completing the right Work in excess of such amount. Landlord and Tenant agree that all materials used in connection with the Work shall be of a quality at least equal to install its trade fixtures the quality of materials in Landlord's Building Standard Workletter, attached hereto as Exhibit "B." Within ten (10) business days after receipt of the Plans and equipment inSpecifications from Tenant, upon and about Landlord's approval thereof, Landlord shall provide Tenant with a leasehold analysis of the cost to complete the Work based on the Plans and Specifications. If the total cost to complete the Work as so determined exceeds THIRTY and 00/100 DOLLARS ($30.00) per rentable square foot of the Premises; provided, however, that then Tenant shall remove be obligated to pay to Landlord the same on amount of such excess, which amount shall be paid upon the later to occur of (i) the Commencement Date or before (ii) ten (10) business days after Landlord's delivery of an invoice therefor to Tenant. If the expiration cost to complete the Work is less than $30.00 per rentable square foot of this Leasethe Premises, and if so requested by Landlord, promptly after then Landlord shall apply any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused such excess to the Premises by reason first monthly installment or installments of Base Rent due hereunder. In addition to the foregoing, Landlord shall provide Tenant an allowance of SIX THOUSAND DOLLARS ($6,000.00) to be used for the installation of showers and locker rooms, it being understood that if Tenant does not elect to build the showers and locker rooms, Tenant may apply such installation or removal. c. Tenant affluence to other build out costs. Landlord shall indemnify provide and hold Landlord harmless from and against all costs install a back-up generator (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant the "Generator") that will supply back-up power to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion portions of the Premises by reason of Building's HVAC system that are necessary to allow the Generator to operate Tenant’s acts or omissions or because of a claim against Tenant, 's HVAC system and the fire safety equipment only. Tenant shall cause provide the same reasonable specifications for the Generator to Landlord. Landlord shall bear the cost of the Generator, including equipment, material and installation, up to a total cost of One Hundred Forty Thousand Dollars ($140,000). If the total cost, as outlined above, for such Generator exceeds $140,000, then Tenant shall be canceled or discharged of record by bond or otherwise responsible for such excess costs and shall pay any such amount to Landlord within thirty ten (3010) business days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samereceipt of request therefor.

Appears in 1 contract

Sources: Lease Agreement (Genencor International Inc)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, “Leasehold improvements”) shall he owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding, Campus and/or Project; and (2) any signsLeasehold Improvements that are performed by or for the benefit of Tenant and, air conditioners in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type. However, it is agreed that Required Removables shall not include any usual office improvements such as gypsum board, partitions, ceiling grids and tiles, fluorescent lighting panels, Building standard doors and non-glued down carpeting. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 10 Business Days after the Termination Date for the sole purpose of removing the Required Removables. Tenant’s possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant’s expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable and actual costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.Alteration will be

Appears in 1 contract

Sources: Office Lease Agreement (Cardica Inc)

Leasehold Improvements. a. Tenant accepts Except as otherwise provided herein, Landlord covenants and agrees to provide certain leasehold improvements at the Premises “AS IS” without any agreementsfor occupancy by Tenant, representationsat Tenant's expense, understandings or obligations on in accordance with the part of Plans and Specifications and finish schedules (collectively the "Leasehold Improvements"). Landlord agrees to perform any alterations, repairs or improvements provide Tenant an allowance ("Landlord's Allowance") for the Leasehold Improvements (except as expressly otherwise set forth herein) which Landlord's Allowance shall not exceed $19.00 per square feet of the Premises or $495,520.00. The quality of all Leasehold Improvements shall equal or exceed the standards set forth as Building Standard Work on Exhibit B attached hereto ("Building Standard Work") and such Building Standard Work shall serve as the minimum standards for such Leasehold Improvements. It is understood, however, that such Building Standard Work as set forth on Exhibit B is intended to set forth only the guidelines for minimum quality but that the ratios and square footage allocations set forth therein are not intended to be binding on Landlord in providing such Leasehold Improvements. In the event that the cost of the Leasehold Improvements does not equal the amount of Landlord's Allowance set forth herein, Tenant shall not be entitled to any credit, offset or deduction for any such surplus, it being understood that any such amount shall belong to Landlord. If the total cost of the Leasehold Improvements exceeds Landlord's Allowance as above stated, Tenant shall, upon receipt of Landlord's notice and invoice, reimburse Landlord in full for the excess cost differential within thirty (30) days of receipt thereof. Landlord's Allowance shall not be used for art work, office equipment, trade fixtures (including but not limited to audio visual equipment), telephone systems, interior plant landscape, movable furniture and furniture partition systems or movable telephone work stations. The foregoing items shall be installed by Tenant at its cost and expense. Landlord shall install any telephone work stations set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions the Plans and Specifications which are permanently affixed to the Premises nor post or attach or affix to Building and Landlord's Allowance may be used for such permanent telephone work stations. In addition, except as set forth in subparagraph (g) below, Landlord's Allowance shall not be used for the exterior removal of three corridors surrounding the atrium on the second floor of the Building (including the removal of any carpeting, wallpaper and ceiling lights and all ceilings, floors and walls in these corridors), nor for the removal of a corridor located on the west side of the second floor of the Building (which west side corridor provides passage to and from the bathrooms and the west end stair well). The foregoing corridors and related materials may be removed by Tenant at its cost and expense. Landlord shall prepare a Leasehold Improvement analysis, detailing a cost breakdown for each item outlined on the Plans and Specifications, including unit pricing, and give Tenant a copy of such analysis. With respect to carpeting and wallpaper in the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right ability to make interiordirect Landlord to purchase carpeting and wallpaper, non-structural alterations through Tenant's suppliers, if Tenant satisfactorily demonstrates to Landlord that Landlord's pricing is not as competitive as that of Tenant's suppliers. Tenant covenants and agrees that upon expiration of the term of this Lease, including any extension thereof, Tenant, at the election of Landlord, will remove all tenant improvements other than those which are part of the Work, and return the Premises without Landlord’s consent, so long to Landlord in the same condition as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the PremisesCommencement Date, except for reasonable wear and tear and occurrences pursuant to Sections 13 and 14 hereof. Landlord agrees to exercise such election by notifying Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right in writing 90 days prior to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, or any extension terms, if extended. In addition to Landlord's Allowance, the following items shall be provided by Landlord at Landlord's expense and if so requested by NOT charged against Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.'s Allowance:

Appears in 1 contract

Sources: Lease Agreement (Harris Interactive Inc)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreementsA. Except for Tenant's Property (as defined in Section XV), representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or all improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises(collectively, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord"Leasehold Improvements") shall be owned by Landlord and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to remain upon the Premises without compensation to Tenant. However, Landlord’s consent, so long as such alterations do not by written notice to Tenant within 180 days prior to the Termination Date, may require Tenant to remove, at Tenant's expense: (i1) affect Cable (defined in Section IX.A) installed by or for the structure exclusive benefit of Tenant and located in the Premises or electrical, plumbing, or mechanical systems other portions of the PremisesBuilding; and (2) subject to Section VIII.B. below, any Leasehold Improvements that are performed by or (ii) decrease for the value benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the Premisesremoval and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Tenant Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type. The Required Removables designated by Landlord shall be responsible removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the cost sole purpose of such alterations or signsremoving the Required Removables. Tenant Tenant's possession of the Premises shall have be subject to all of the right to install its trade fixtures terms and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration conditions of this Lease, and if so requested by Landlord, promptly after any termination including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of this Lease; and provided, further, that the Term. Tenant shall promptly thereafter repair all damage caused to by the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs removal of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by LandlordRequired Removables. If Tenant shall fail fails to cancel remove any Required Removables or discharge said lien or liensperform related repairs in a timely manner, Landlord, at Tenant's expense, may remove and dispose of the Required Removables and perform the required repairs. Tenant, within said thirty (30) day period30 days after receipt of an invoice, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all the reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameby Landlord.

Appears in 1 contract

Sources: Office Lease Agreement (Allaire Corp)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreementsAny trade fixtures, representationsunattached and movable equipment or furniture, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of other personalty brought into the Premises, any signs, air conditioners the Storage Space or other objects without memorializing such proposed alterations, attachments, the Parking Garage by Tenant ("Tenant's Property") shall be owned or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premisesleased by Tenant. Tenant shall be responsible for remove all such Tenant's Property from the cost Premises in accordance with the terms of such alterations or signsArticle 36 hereof. Tenant shall have the right Any and all alterations, additions and improvements to install its trade fixtures and equipment in, upon and about the Premises, including any built-in furniture (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant; provided, however, that following the Commencement Date, in the event Tenant requests to perform any Leasehold Improvements [i.e. improvements other than the "Initial Leasehold Improvements" (defined below)], and Landlord's consent to such Leasehold Improvements shall be required under this Lease, Landlord shall be entitled at the time of its consent thereto to condition such consent upon the requirement that Tenant remove the proposed Leasehold Improvements upon expiration of the Term at the sole cost and expense of Tenant. Any such designated Leasehold Improvements, together with any installations made by Tenant upon the roof, or any work of visual art subject to the Visual Artists Right Act of 1990 (17 U.S.C. Section 101 et. seq.) (commonly referred to as" VARA") installed on or about the Premises by Tenant shall remove be collectively referred to herein as the "Required Removables". Nothing contained herein shall be deemed to constitute the designation by Landlord of Tenant as its agent with respect to any works of visual art proposed to be installed by or on behalf of Tenant in the Building. Tenant expressly covenants to obtain the written waiver of any artist of any work of visual art to the removal of same on from the Building upon termination or before the expiration of this Lease, and if so requested . The Leasehold Improvements to be constructed by Landlord, promptly after any termination of this Lease; and provided, further, that Landlord or Tenant shall promptly thereafter repair all damage caused prior to the Premises by reason of such installation or removalCommencement Date, in accordance with Article 28 are sometimes hereinafter referred to as the "Initial Leasehold Improvements". c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 1 contract

Sources: Sublease (Informax Inc)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interiorconstruct and install the leasehold improvements and tenant finish desired by Tenant in the Leased Premises (collectively, non-structural alterations the "LEASEHOLD IMPROVEMENTS") in accordance with, and subject to the Premises without Landlord’s consentlimitations and conditions set forth in the Lease and in this Section 7. (a) All plans and specifications, so long as such alterations do not (i) affect construction drawings, and proposed contractors and subcontractors must be approved by Landlord in writing prior to the structure or electrical, plumbing, or mechanical systems commencement of construction of the Premises; or Leasehold Improvements (iisuch approval not to be unreasonably withheld). Evidence of property, liability and worker's compensation insurance acceptable to Landlord as to insurer, policy terms and coverage (which, as to property and liability insurance policies, may include, without limitation, naming Landlord as additional insured) decrease the value must be submitted to Landlord as a condition to Landlord's granting its approval of the Premises. any proposed contractors. (b) Tenant shall not be responsible for deemed to be the cost agent or representative of such alterations or signs. Tenant Landlord in making the Leasehold Improvements, and shall have no right, power or authority to encumber the right fee interest in the Building or the land on which it is located. Accordingly, any claims against Tenant with respect to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant Leasehold Improvements shall remove the same on or before the expiration of be limited to Tenant's leasehold estate under this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s 's or other liens be filed against the Leased Premises, the Building or any portion other property of the Premises Landlord or any interest therein by reason of Tenant’s 's acts or omissions or because of a claim against Tenant or Tenant's general contractor or subcontractors, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty ten (3010) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty ten (3010) day periodperiod (which failure shall be deemed to be a default hereunder), Landlord may, in addition to any other remedy of Landlord hereunder or at its sole optionlaw, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord upon demand, for all reasonable costs incurred in canceling or discharging such lienslien or liens (including, including attorney fees without limitation, reasonable legal fees). (c) All Tenant's Work shall be performed in a good and workmanlike manner in accordance with good industry practice, and shall comply in all respects with applicable Federal, State, City and County statutes, ordinances, regulations, laws and codes. All required building and other permits in connection with samethe construction and completion of the Leasehold Improvements shall be obtained and paid for by Tenant. (d) Upon completion of the Leasehold Improvements, Tenant shall deliver to Landlord one set of the "as-built" plans and specifications for the Leased Premises on a diskette in AUTOCAD or compatible format. (e) Landlord agrees to provide Tenant the following allowances (the "ALLOWANCES") in connection with the construction of the Leasehold Improvements: (i) an allowance (the "CONSTRUCTION ALLOWANCE") of up to $77,255.50, which may only be applied to the payment of the costs and expenses of the design, construction and installation of the Leasehold Improvements; (ii) upon Tenant's request, an additional allowance (the "ADDITIONAL CONSTRUCTION ALLOWANCE") in an amount up to $110,365.00, should the cost to construct the Leasehold Improvements exceed the Construction Allowance. Tenant shall not be entitled to any unused portion of the Additional Construction Allowance. The Allowances shall be funded within thirty (30) days after Landlord's receipt of Tenant's written request therefor, accompanied by a final lien waiver from Tenant's general contractor and each of the subcontractors designated by Landlord, the AUTO-CAD diskette of the "as-built" plans and specifications for the Leased Premises and reasonable supporting detail for the costs incurred by Tenant; provided, however, that if Tenant shall be in default under the Lease at the time Landlord receives such request, Landlord shall not be obligated to fund the Allowances unless and until such default is cured by Tenant. If the total costs of the Leasehold Improvements exceed the sum of the Construction Allowance and the Additional Construction Allowance, the excess shall be at Tenant's sole cost and expense. Should Tenant utilize all or any portion of the Additional Construction Allowance, the Base Rental rate shall be increased by the amount necessary to fully amortize the amount of such Additional Construction Allowance utilized by Tenant at the rate of ten percent (10%) per annum accruing from the period commencing upon funding by Landlord of that portion of the Additional Construction Allowance utilized by Tenant and expiring upon termination of the Renewal Term. (f) In the event Tenant requests Landlord to contract for the construction and installation of any portion of the Leasehold Improvements on behalf of Tenant, Landlord shall supervise the construction of that portion of Leasehold Improvements and Tenant agrees to pay Landlord a reasonable construction management fee in an amount not to exceed ten percent (10%) of the total construction costs of that portion of the Leasehold Improvements performed by Landlord's contractor. In the event Tenant elects to engage Landlord to install any portion of the Leasehold Improvements, Landlord shall obtain no less than four (4) bids from general contractors mutually selected by Landlord and Tenant, following which Landlord and Tenant shall mutually select one general contractor to perform the Leasehold Improvements. (g) Landlord shall provide freight elevator service for Tenant's contractors on an "as-needed" basis at no charge; provided such usage is scheduled with Landlord in advance upon at least one day's prior written notice. (h) Tenant shall do structural work, coring, drilling and chipping, after normal business hours but shall have the right to construct all other Leasehold Improvements at any hour. If at any time the entry by or presence of one or more persons furnishing labor or materials for the Leasehold Improvements shall cause disharmony or interference with the other tenants in the Building or the operation of the Building, any consent granted by Landlord with respect to the disruptive contractor or subcontractor may be withdrawn following twenty-four (24) hours' written notice to Tenant if such disharmony or interference is not cured within such twenty-four (24) hour period; provided however, Landlord shall have the right at all times to immediately terminate any particular activity or activities of Tenant or its employees, agents, or contractors which, in Landlord's reasonable judgment, (i) causes unreasonable interference with other Building tenants' usage of the Building, or (ii) poses an immediate threat of damage or injury to persons or property in or around the Building. Landlord shall have the right at all times to inspect the Leasehold Improvements. The Leasehold Improvements shall be performed so as not to alter the exterior appearance of the Building and so as not to adversely affect the structure or safety or systems or services of the Building or those of the other tenants therein, and shall comply in all material respects with all governmental codes (including, without limitation, building, health, safety and fire codes) and with all other governmental and insurance requirements.

Appears in 1 contract

Sources: Lease Agreement (Pinnacle Global Group Inc)

Leasehold Improvements. a. Tenant accepts Prior to the Premises “AS IS” without any agreementsCommencement Date, representationsLandlord shall, understandings at its own cost (which cost shall not constitute an Operating Cost payable as Additional Rent by the Tenant), make and install or obligations on provide for the part installation of Landlord to perform any alterationsleasehold improvements (the "Leasehold Improvements") in accordance with the plans, repairs or improvements except as expressly specifications, terms and conditions set forth in this LeaseExhibit B. Landlord warrants that at the Commencement Date (or at the time of Tenant's occupancy of the First, Second or Third Expansion Premises, as applicable), A CERTIFICATE OF OCCUPANCY (IF REQUIRED FOR TENANT'S OCCUPANCY THEREOF) SHALL HAVE BEEN ISSUED BY THE APPROPRIATE GOVERNMENTAL AUTHORITIES FOR THE APPLICABLE PORTION OF THE PREMISES AND the Leasehold Improvements will be free from defects in material and workmanship for the longer of: (i) one year or (ii) the warranty, if any, provided by the manufacturer. ADDITIONALLYIn preparation of the Leasehold Improvements, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASELandlord shall, LANDLORD MAKES NO WARRANTIESat its own cost (which costs shall not constitute an Operating Cost payable as Additional Rent by the Tenant), EXPRESS OR IMPLIEDdemolish certain existing improvements and complete, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions such other work to the Premises nor post or attach or affix as described in the demolition plan attached hereto as Exhibit C, and shall undertake other work specified in the Landlord's architectural plans attached hereto as Exhibit E. In addition to the work described in Exhibits B, C and E, the Landlord agrees to undertake the following, at Landlord's cost (which cost shall not constitute an Operating Cost payable as Additional Rent by the Tenant), prior to the Commencement Date: (i) Replace all windows on the south side and east side of the Building up to the loading dock area. Such replacement windows shall be dual pane, thermally insulated, of commercial grade and the glass shaft be tinted green. Moreover, a new window shall be added to the southeast ▇▇▇▇▇ of the Building. (ii) Repaint the exterior of the PremisesBuilding, including the concrete block, trim, flashing and gutters. Additionally, as soon as reasonably possible following the Commencement Date, Landlord shall repaint the dock doors, fences, HVAC units visible to the parking lot and streets, and bollards. The color for all such painting shall be mutually agreed upon in writing by Landlord and Tenant. (iii) Landlord shall be responsible for any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter and all cost (in form acceptable which cost shall not constitute an Operating Cost payable as Additional Rent by the Tenant) associated with an ADA compliant ramp on the east side of the Building. In addition to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Landlord shall contribute up to $30,000 (which cost shall not constitute an Operating Cost payable as Additional Rent by the Tenant and which shall have be separate from the right $150,000 in financing for Leasehold Improvements to make interior, non-structural alterations be provided by the Landlord pursuant to Section 8(F) herein) for the construction of a new entrance to the Premises without Landlord’s consentBuilding (the "East Entrance"), so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. and Tenant shall be responsible for all costs related to the cost East Entrance in excess of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises$30,000; provided, however, that Tenant any costs in excess of $30,000 shall remove be payable in equal monthly installments over the same Term as Additional Rent and interest shall not accrue or be payable on or before any such amount in excess of $30,000. The final design of the expiration of this LeaseEast Entrance shall be mutually agreed upon between Landlord and Tenant. (iv) The Landlord shall use best efforts to seal-coat and re-stripe the parking lot, and if so requested by Landlordpatch and repair any holes or sunken areas, promptly after any termination as needed, to put the parking lot in good condition and repair as of this Leasethe Commencement Date; and provided, further, that Tenant if Landlord does not complete such work by the Commencement Date, it shall promptly thereafter repair all damage caused use best efforts to complete the Premises by reason of such installation or removalsame as soon as possible thereafter. c. Tenant (v) Landscaping shall indemnify be undertaken by British Landscaping in accordance with the work letter attached hereto as Exhibit D. (vi) Repair the roof of the Building (and hold Landlord harmless from where necessary replace portions thereof) in order to put the roof of the Building in good condition and against all costs repair as of the Commencement Date. (including reasonable attorneys’ fees and costs vii) General clean-up of suit), losses, liabilities, or causes the exterior of action arising out of or relating to any alterations, additions or improvements made by Tenant to the PremisesBuilding, including, but not limited to, work sweeping parking lot, painting bollards, removing signage of prior tenants and repairing damaged fences. (viii) Relocate the HVAC unit from its current location above the East Entrance to a location which is mutually agreeable to the Landlord and the Tenant. (ix) Provide adequate parking lot light, and paint rusted light pole located in the south parking lot of the Building. Such Leasehold Improvements shall not completed constitute Operating Costs, and shall not be paid by Tenant as Additional Rent. Except as specifically provided for in a workmanlike manner and any contractor’sthis Lease, mechanics’ Landlord shall have no obligation to repair, improve, redecorate or materialman’s liens asserted in connection therewithremodel the Premises. This indemnification obligation shall survive Without limitation of the Term foregoing provision of this LeaseSection 8(A), so long as Landlord substantially completes the Leasehold Improvements and foregoing items, the Commencement. Date shall not be delayed if the East Entrance is not substantially completed by the Commencement Date due to Tenant caused delays. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 1 contract

Sources: Lease Agreement (August Technology Corp)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, includingincluding the Initial Alterations (as defined in the Work Letter) and any other Alterations (defined in Section 9.03) (collectively, but not limited to“Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, work not completed provided that Tenant, at its expense, shall remove any Cable (defined in Section 9.01 below). In addition, Landlord, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at Tenant’s expense, to remove any Alterations (including any Initial Alterations) that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (the Cable and such other items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, elevators, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a workmanlike manner and timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, including any contractor’sInitial Alterations, mechanics’ may request in writing that Landlord advise Tenant whether the Alteration, including any Initial Alterations, or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason thereof, is a Required Removable. Within 10 days after receipt of Tenant’s acts request, Landlord shall advise Tenant in writing as to which portions of the Alterations or omissions Initial Alterations identified by Tenant are Required Removables. Notwithstanding anything to the contrary contained above or because elsewhere in this Lease, Landlord agrees that (i) none of the Initial Alterations shown on the Preliminary Plan (as hereinafter defined) constitute Required Removables, (ii) if Tenant installs a claim against Tenantcafeteria (including related kitchen facilities) anywhere in the Premises as part of the Initial Alterations, such cafeteria shall not constitute a Required Removable. Tenant shall cause acknowledges that Landlord’s agreement that the same to be canceled or discharged elevator shown on the Preliminary Plan does not constitute a Required Removable is based on the particular location of record by bond or otherwise within thirty (30) days after notice by Landlordthe elevator as shown on the Preliminary Plan. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day periodproposes a change in the location of the elevator, Landlord mayreserves its right to designate it as a Requirement Removable. As used herein, at its sole optionthe “Preliminary Plan” means the preliminary plan dated March 26, cancel or discharge the same and upon Landlord’s demand2013, Tenant shall promptly reimburse Landlord prepared by ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ AIA, captioned “Test Fit Study for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameZulily”.

Appears in 1 contract

Sources: Office Lease Agreement (Zulily, Inc.)

Leasehold Improvements. a. Tenant accepts With the Premises “AS IS” without any agreementsexception of the list provided by the Tenant, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or all improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, “Leasehold Improvement”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant’s expense; (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant, and in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable provided that upon prior written notice to Landlord) , Tenant may remain in the premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables and obtaining perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitDefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.

Appears in 1 contract

Sources: Industrial/R&d Lease Agreement (SMTC Corp)

Leasehold Improvements. a. Tenant accepts Any trade fixtures, equipment, personal property, furnishings, art and furniture, or other personalty brought into the Premises “AS IS” by Tenant ("Tenant's Property") which can be removed without any agreements, representations, understandings or obligations on material damage to the part Building shall be owned and insured by Tenant. Tenant shall remove all such Tenant's Property from the Premises in accordance with the terms of Landlord to perform any Article XXXV hereof. Any and all alterations, repairs or additions and improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including the Initial Alterations (as defined in Exhibit C), including any signsbuilt-in furniture other than Tenant's Property (collectively, air conditioners "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or other objects without memorializing such proposed alterationscredit to Tenant. Except as provided below, attachmentsLandlord may, nonetheless, at any time within six (6) months after the expiration or fixtures in a earlier termination of this Lease or Tenant's right to possession, require Tenant work letter to remove any Leasehold Improvements performed by or for the benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (in form acceptable to Landlordthe "Required Removables") and obtaining Landlord’s prior written consent to sameat Tenant's sole cost. Notwithstanding In the foregoingevent that Landlord so elects, Tenant shalt remove such Required Removables within ten (10) days after notice from Landlord, provided that in no event shall have Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease or Tenant's right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value possession of the Premises. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any material damage caused by such removal. If Tenant fails to remove any specified Required Removables or to perform any required repairs and restoration within the time period specified above, Landlord, at Tenant's sole cost and expense, may remove, store, sell and/or dispose of the Required Removables and perform such required repairs and restoration work. Tenant, within ten (10) days after demand from Landlord, shall reimburse Landlord for any and all reasonable costs incurred by Landlord in connection with the Required Removables. Notwithstanding any provisions to the contrary, the Tenant shall not be responsible obligated to remove any of its Initial Alterations unless Landlord, within ten (10) days after the date on which it approves Tenant's final plans for the cost of Initial Alterations, notifies Tenant in writing that such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilitiesInitial Alterations, or causes applicable portion thereof, must be removed at the end of action arising out of or relating the Lease Term. In addition, with respect to any alterations, additions or improvements made performed by or on behalf of Tenant subsequent to the Initial Alterations, Tenant may request in writing at the time it submits its plans and specifications for such alteration, addition or improvement, that Landlord advise Tenant whether Landlord will require Tenant to the Premisesremove, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term at tr~e termination of this Lease. d. Should Lease or Tenant's right to possession hereunder, SUCh alteration, addition or improvement, or any contractor’s, mechanic’s or other liens be filed against any particular portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, thereof and Landlord shall advise Tenant shall cause the same to be canceled or discharged of record by bond or otherwise in writing within thirty ten (3010) days after notice by Landlord. If Tenant shall fail receipt of Tenant's request as to cancel or discharge said lien or lienswhether Landlord will require removal; provided, within said thirty (30) day periodhowever, Landlord mayshall not require Tenant to remove any usual office improvements such as gypsum board, at its sole optionpartitions, cancel or discharge the same ceiling grids and upon Landlord’s demandtiles, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liensfluorescent lighting panels, including attorney fees in connection with same.building standard doors and carpeting that is not glued down 15

Appears in 1 contract

Sources: Office Lease (Trenwick Group Inc)

Leasehold Improvements. a. All Initial Tenant accepts Work and other leasehold improvements from time to time made in and to the Premises (collectively, AS IS” without any agreementsLeasehold Improvements”) shall, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth provided in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to remain upon the Premises nor post or attach or affix to at the exterior end of the PremisesTerm without compensation to Tenant. Except as otherwise set forth hereinbelow in connection with any Required Removables Notice (as defined below), any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that by written notice to Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within given at least thirty (30) days prior to the Term Expiration Date, may require Tenant, at Tenant’s expense, to remove any Initial Tenant Work or other Leasehold Improvements or other affixed installations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, private baths and showers, vaults, rolling file systems and structural alterations and modifications. Tenant, at the time it requests approval for a proposed Alteration, including any Initial Tenant Work, may request in writing that Landlord advise Tenant whether the Alteration, including any Initial Tenant Work, or any portion thereof, is a Required Removable. Within ten (10) Business Days after notice by Landlord. If receipt of Tenant’s request and true and complete copies of the proposed plans and specifications for such proposed alterations or other improvements (including any Initial Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day periodWork), Landlord may, at its sole option, cancel shall advise Tenant in writing as to which portions of the alteration or discharge other improvements are Required Removables (a “Required Removables Notice”). The Required Removables shall be removed by Tenant before the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred expiration or earlier termination of this Lease in canceling or discharging such liens, including attorney fees in connection accordance with sameSection 20.

Appears in 1 contract

Sources: Office Lease Agreement (Atea Pharmaceuticals, Inc.)

Leasehold Improvements. a. Tenant accepts Any improvements to be made to the Premises “AS IS” without any agreementsother than the Landlord's Work as described in Section 3.1 above are herein referred to as the "Leasehold Improvements". Immediately after the execution hereof, representationsLandlord and Tenant will cooperate with one another to prepare final plans and specifications for the construction and installation of the Leasehold Improvements. Such final plans and specifications, understandings when approved in writing by Landlord and Tenant, shall be attached to this Lease as Exhibit "C-1" and shall become a part hereof. No failure or obligations refusal on the part of Landlord Tenant to perform any alterations, repairs approve final plans and specifications within a reasonable time after the execution hereof shall render this Lease void or improvements except as expressly voidable nor shall it delay the Commencement Date set forth in this LeaseArticle I(d) hereof. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. No delay caused by Tenant agrees that it will make no exterior during the construction or structural alterations or additions to the Premises nor post or attach or affix to the exterior installation of the Premises, any signs, air conditioners or other objects without memorializing Leasehold Improvements shall delay the Commencement Date of this Lease from what it would have been had such proposed alterations, attachments, or fixtures in a delay not occurred. Landlord and Tenant work letter acknowledge that Landlord has computed the Basic Rental by budgeting an allowance of $600,000.00 (in form acceptable the "Allowance") for the Leasehold Improvements to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of be constructed within the Premises. Landlord and Tenant shall be responsible acknowledge that the Allowance is not a firm budget nor final estimate of costs. Upon mutual approval of the final plans and specifications, Landlord agrees to obtain competitive bids for the cost of such alterations or signsthe Leasehold Improvements from no fewer than three (3) of the contractors listed on Schedule I attached hereto and made a part hereof. Landlord will provide to Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; providedcopies of any bids received by Landlord. It is understood, however, that Landlord need not necessarily select the contractor providing the lowest bid; however, unless Landlord provides Tenant a reasonable basis for rejecting the lowest bid, Landlord will select the contractor providing the lowest bid. Landlord shall promptly inform Tenant of Landlord's selection of the contractor and the final cost of the Leasehold Improvements. Should the total cost of the Leasehold Improvements exceed the Allowance, the Tenant shall remove pay such excess, in cash, to Landlord within ten (10) days following the same on or before date Landlord informs Tenant of such excess, and Landlord will not be required to commence construction of the expiration Leasehold Improvements until Tenant pays such Initial: ________ excess to Landlord. Any delay in Landlord's commencement of construction resulting from Tenant's failure to pay such amount to Landlord as required herein shall not delay the Commencement Date of this LeaseLease from what is would have been had such delay not occurred. Should the total cost of the Leasehold Improvements be less than the Allowance, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that the Tenant shall promptly thereafter repair all damage caused be entitled to receive such amount by crediting the first installment(s) of Basic Rental due to the Premises by reason of such installation or removalLandlord following the Abatement Period (as defined in Section 4.1 hereof). c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 1 contract

Sources: Industrial Lease Agreement (Mohawk Industries Inc)

Leasehold Improvements. a. Following completion of Landlord’s Work (defined in Exhibit C hereto) and Tenant’s acceptance of the Premises from Landlord, subject to the “punch list” items and latent defects identified in accordance with Section 1(b) above, Tenant accepts the Premises same “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASELEASE (INCLUDING ALL EXHIBITS), LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEASEHOLD IMPROVEMENTS OR TO LANDLORD’S WORK, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant shall be entitled to a Tenant Improvement Allowance (defined and set forth in Exhibit C). Notwithstanding the Tenant Improvement Allowance, Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Except as may be covered by Tenant’s Improvement Allowance, Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 1 contract

Sources: Triple Net Office Lease Agreement (Franklin Financial Network Inc.)

Leasehold Improvements. a. Tenant accepts A. Except as otherwise specifically provided elsewhere in this Lease or in the Work Letter Agreement, if any, attached hereto as Exhibit C and incorporated herein, all installations and improvements now or hereafter placed on or in the Premises “AS IS” without any agreementsshall be for Tenant's account and at Tenant's cost, representations, understandings or obligations on the part of which cost shall be payable by Tenant to Landlord to perform any upon demand as additional Rent. B. Any and all alterations, repairs or additions and improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signsall attached furniture, air conditioners equipment and non-trade fixtures (collectively, "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant. Any unattached and movable equipment or furniture, trade fixtures or other objects without memorializing such proposed personality of Tenant ('Tenant's Property") shall be owned and insured by Tenant. Landlord may, nonetheless, require Tenant to remove any Leasehold Improvements performed by or for the benefit of Tenant (other than alterations, attachments, or fixtures in a Tenant work letter (in form acceptable additions and improvements performed by Landlord pursuant to LandlordExhibit C) and obtaining all electronic, phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables on or before the expiration or earlier termination of this Lease and repair any damage caused by such removal. If Tenant fails to remove the Required Removables after Landlord’s prior written consent to same's request therefore, Landlord may remove, store or dispose of the Required Removables at Tenant's cost, and repair any damage caused by such removal and Tenant shall pay Landlord as additional Rent hereunder, on demand, all such costs. Notwithstanding the foregoing, Tenant may request in writing at the time it submits its plans and specifications for an alteration, addition or improvement, that Landlord advise Tenant whether Landlord will require Tenant to remove, at the termination of this Lease or Tenant's right to possession hereunder, such alteration, addition or improvement, or any particular portion thereof and Landlord shall advise Tenant within twenty (20) days after receipt of Tenant's request as to whether Landlord will require removal; provided, however, Landlord shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by require Tenant to remove any vault, stairway or computer room alterations installed in the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term regardless of this Leasewhether Landlord timely notified Tenant that it would require such removal. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 1 contract

Sources: Sublease Agreement (Ritz Interactive, Inc.)

Leasehold Improvements. a. Tenant accepts Prior to the Premises “AS IS” without any agreementsCommencement Date, representationsLandlord, understandings or obligations at its expense, shall cause those leasehold improvements shown on the part of Landlord plan attached hereto as Exhibit A, prepared by a.i. design, ltd. dated February 28, 1997, to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions be made to the Premises nor post or attach or affix in a good and workmanlike manner and in accordance with applicable building codes. Such improvements shall include installation by Landlord, at Landlord's expense, of water supply and waste loop plumbing with hose connection and pressure reducing valves for the four (4) laser laboratories to the exterior of be located in the Premises, any signssuch water supply and waste loops to be similar to those which Tenant represents are now located in the laboratories at ▇▇▇▇▇ University. Landlord will assist Tenant in acquiring a chiller, air conditioners or other objects without memorializing such proposed alterationspumps and related equipment and parts, attachments, or fixtures in a Tenant work letter (in form acceptable all of which materials shall be subject to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premisesapproval by Tenant. Tenant shall be responsible reimburse Landlord for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures chiller, pumps and related equipment in, and parts upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration submission of this Lease, and if so requested invoices by Landlord. Upon payment by Tenant, promptly after any termination the chiller, pumps and related equipment and parts shall be deemed to be the property of this Lease; and providedTenant, further, that Tenant shall promptly thereafter repair all damage caused be deemed to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or be improvements made by Tenant to the PremisesPremises and shall be removed by Tenant at its expense at the end of the Term in accordance with the provisions of Section 9.2 hereof. All aspects of the chillers, pumps and related parts and equipment (including, but not limited toto the capacity and sufficiency of such chillers, work pumps and related parts and equipment) shall be the sole responsibility of Tenant and Landlord shall have no responsibility thereof. Landlord, at its expense, will cause its mechanical contractor to remove two (2) ventilation hoods and exhaust fans from Tenant's present facility in Warwick, Rhode Island. Landlord shall not completed be responsible for any damage which may occur to the hoods and/or exhaust fans during such removal or for any repairs or restoration to be made to the Warwick facility as the result of such removal. Landlord, at its expense, will reinstall the hoods and exhaust fans in a workmanlike manner the Premises as shown in Exhibit A. The hoods and any contractor’sexhaust fans will remain the property of Tenant at all times and will be removed by Tenant at the end of the Term, mechanics’ but Tenant shall not be responsible for repairs to or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion restoration of the Premises by reason as a result of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameremoval.

Appears in 1 contract

Sources: Lease Agreement (Spectra Systems Corp)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have not construct any Leasehold Improvements or otherwise alter the right to make interior, non-structural alterations to the Leased Premises without Landlord’s consent, so long as prior approval if the cumulative cost therefor exceeds Ten Thousand Dollars ($10,000.00) or such alterations do not (i) affect work affects the structure structural parts or electrical, plumbing, or mechanical systems exterior of the Premises; Building, and not until Landlord shall have first approved the plans and specifications therefor, which approvals shall not be unreasonably withheld or (ii) decrease delayed. All such approved Leasehold Improvements shall be installed by Tenant at Tenant’s expense, using a licensed and financially sound contractor first approved by Landlord, in substantial compliance with the value approved plans and specifications therefor. All construction done by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of the Premisesgood quality. Tenant shall be responsible for the cost not commence construction of such alterations or signs. any Leasehold improvements until (a) all required governmental approvals and permits shall have been obtained, (b) all requirements regarding insurance imposed by this Lease shall have been satisfied, (c) Tenant shall have given Landlord at least five (5) days prior written notice of the right actual date for which such construction shall commence, (d) Tenant shall have notified Landlord by telephone of the commencement of construction on or before the day it commences, and (e) Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to install its trade fixtures Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. All Leasehold Improvements shall remain the property of Tenant during the Lease Term but shall not be altered or removed from the Leased Premises. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements shall be surrendered to Landlord as part of the realty and equipment inshall then become Landlord’s property, upon and about Landlord shall have no obligation to reimburse Tenant for all or any portion of the Premisesvalue or cost thereof; provided, however, that if Landlord requires Tenant to remove any Leasehold Improvements in accordance with the provisions of Article 15, then Tenant shall so remove such Leasehold Improvements and restore the same on or before Leased Premises to their condition prior to the installation of such improvements prior to the expiration of this Lease, and if so requested by Landlord, promptly after any or sooner termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalLease Term. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 1 contract

Sources: Lease Agreement (Spectrum Pharmaceuticals Inc)

Leasehold Improvements. a. Tenant accepts Landlord shall construct the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or leasehold improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions pursuant to the Premises nor post or attach or affix plans and specifications for the leasehold improvements attached hereto as Exhibit E (the “Leasehold Improvements”). Landlord agrees to be responsible for the cost of the Leasehold Improvements per the agreed to space plan. To the extent that the Tenant adds any additional Tenant Improvement costs to the exterior of the Premisesagreed to space plan, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premisesexcess costs; provided, however, however that Tenant shall remove Landlord must obtain Tenant’s prior written consent before expending any sums in excess of the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused agreed to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewithspace plan. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any The portion of the Premises by reason of Leasehold Improvement Cost, which is Tenant’s acts or omissions or because of a claim against Tenant, responsibility shall be paid by Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice of the completion of the Leasehold Improvements as evidenced by Landlorda certificate of occupancy or a certificate of Tenant’s architect or engineer. On or prior to October 1, 2002, Landlord and Tenant shall jointly inspect the Premises to determine if the Premises are in the condition required under Exhibit E. If the Premises are in the condition required by Exhibit E, the Term shall be deemed to commence in accordance with the provisions of the Lease. If the Premises are not in the condition required by the Lease, Tenant may conditionally accept the Premises using the following procedure: Tenant shall fail deliver to cancel Landlord a list of the items which Landlord must complete or discharge remediate in order to bring the Premises into compliance with the Lease and the time period within which each said lien item is to be completed (each of which dates shall be referred to as the “agreed completion date” for that item. Such items on the list (“Punchlist”) shall be attached to a conditional acceptance letter to be prepared by Tenant. If the items on the Punchlist are not completed according to the provisions of the Punchlist on or liens, within prior to the agreed completion date for each said thirty (30) day perioditem, Landlord mayshall continue to be obligated to complete each said item in accordance with the terms of the Punchlist and conditional acceptance letter, at its sole option, cancel or discharge the same and upon Landlord’s demand, but Tenant shall promptly be entitled to complete the uncompleted items on its own, in which event Tenant shall be entitled to set off against the Base Rent the reasonable costs of completing the items in question unless Landlord shall reimburse Landlord Tenant for all the reasonable costs incurred by Tenant in canceling or discharging completing said items, within ten (10) days following written demand by Tenant for such liens, including attorney fees reimbursement. Tenant reserves the right to object to latent defects in connection with samethe Premises.

Appears in 1 contract

Sources: Commercial Lease (Ciprico Inc)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix other than Tenant's Property (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesProject; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant's expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because 's request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.

Appears in 1 contract

Sources: Office Lease Agreement (E Stamp Corp)

Leasehold Improvements. a. Commencing with the Demised Premises in their “as is” condition as of the date hereof. Landlord or its designated contractor shall install in the Demised Premises those initial improvements specified in final space plans and construction and engineering drawings approved by Landlord (the “Leasehold Improvements”). Landlord shall not be obligated to provide any improvements, and the Demised Premises shall be delivered containing no property of any kind, other than the Leasehold Improvements. Landlord or its contractor shall be available as reasonably required by Tenant accepts throughout the Premises “AS IS” without design construction process to provide Tenant with budgeting and value engineering assistance. Tenant shall pay all costs and expenses (including a fee for Landlord’s construction management services in an amount equal to five percent (5%) of the hard construction costs incurred in connection with the build out of the Demised Premises, and the cost of any agreements, representations, understandings services provided by Landlord’s architect or obligations on engineer) incurred in connection with the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions Leasehold Improvements to the Premises nor post or attach or affix extent such costs and expenses exceed an allowance in an amount equal to the exterior product of Thirty and 00/100 Dollars ($30.00) multiplied by the number of square feet of rentable area contained within the Demised Premises (the “Allowance”). Tenant shall not receive any credit, cash or otherwise, for any unused portion of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Allowance. Tenant work letter shall pay fifty percent (in form acceptable to Landlord50%) and obtaining of Landlord’s prior written consent reasonable estimate of those costs and expenses (if any) which exceed the Allowance on or before the later to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not occur of (i) affect the structure or electrical, plumbingearlier to occur of (A) the date the preliminary space plan is prepared and delivered to Tenant, or mechanical systems (B) the date of Tenant’s execution of the Premises; Lease, or (ii) decrease the value tenth (10th) day after the date Landlord gives Tenant notice of the PremisesLandlord’s estimate of such expenses. Tenant shall be responsible for pay the cost remainder of such alterations or signsestimate within ten (10) days after Tenant’s receipt of a notice stating that the Leasehold Improvements are fifty percent (50%) complete, as reasonably determined by Landlord. Tenant shall have pay for all such costs and expenses (minus any estimated payments made as aforesaid) when the right to install its trade fixtures Leasehold Improvements are substantially complete and equipment in, upon and about the Premises; provided, however, that Tenant receives a ▇▇▇▇ therefor. Tenant shall remove pay such ▇▇▇▇, if any, no later than the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion earlier of the Premises by reason of Tenant’s acts Commencement Date or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty ten (3010) days after notice Tenant’s receipt thereof. All amounts payable pursuant to this Exhibit by Landlord. If Tenant shall fail be considered additional rent and are subject to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameprovisions of the Lease.

Appears in 1 contract

Sources: Office Building Lease (Spherix Inc)

Leasehold Improvements. a. Tenant accepts Any trade fixtures, unattached and movable equipment or furniture, or other personalty brought into the Premises “AS IS” by Tenant ("Tenant's Property") shall be owned and insured by Tenant. Tenant shall remove all such Tenant's Property from the Premises in accordance with the terms of Article XXXV hereof. Any and all alterations, additions and improvements to the Premises, including any built-in furniture (collectively, "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant. Landlord may, nonetheless, at any agreementstime prior to, representationsor within six (6) months after, understandings the expiration or obligations on earlier termination of this Lease or Tenant's right to possession, require Tenant to remove any Leasehold Improvements performed by or for the part benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables within fifteen (15) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by such removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition. If Tenant fails to remove any specified Required Removables or to perform any alterationsrequired repairs and restoration within the time period specified above, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLYLandlord, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASEat Tenant's sole cost and expense, LANDLORD MAKES NO WARRANTIESmay remove, EXPRESS OR IMPLIEDstore, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior sell and/or dispose of the PremisesRequired Removables and perform such required repairs and restoration work. Tenant, within five (5) days after demand from Landlord, shall reimburse Landlord for any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures and all reasonable costs incurred by Landlord in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameconnection with the Required Removables. Notwithstanding the foregoing, Tenant may request in writing at the time it submits its plans and specifications for an alteration, addition or improvement, that Landlord advise Tenant whether Landlord will require Tenant to remove, at the termination of this Lease or Tenant's right to possession hereunder, such alteration, addition or improvement, or any particular portion thereof and Landlord shall advise Tenant within twenty (20) days after receipt of Tenant's request as to whether Landlord will require removal; provided, however, Landlord shall have the right to make interiorrequire Tenant to remove any vault, non-stairway, raised floor or structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to installed in the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term regardless of this Leasewhether Landlord timely notified Tenant that it would require such removal. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 1 contract

Sources: Office Lease (Merrill Corp)

Leasehold Improvements. a. Tenant accepts may construct any Leasehold ---------------------- Improvement which does not affect the Premises “AS IS” without any agreements, representations, understandings structural parts or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s 's prior approval. Any other Leasehold Improvements may be made only after obtaining Landlord's consent, so long as such alterations do which consent shall not be unreasonably withheld or delayed. Landlord shall be deemed to have consented to any Leasehold Improvement, if Landlord has not reasonably withheld its consent to any Leasehold Improvement within fifteen (i15) affect days of Tenant's request for Landlord's consent to the structure Leasehold Improvement. All Leasehold Improvements constructed at Tenant's cost shall remain the property of Tenant during the Lease Term and may be removed from the Premises at any time. Landlord shall have no lien or electricalother interest whatsoever in any Leasehold Improvement and within ten (10) days following Tenant's request, plumbingLandlord shall execute documents in reasonable form to evidence Landlord's waiver of any right, title, lien, or mechanical systems of the Premises; or (ii) decrease the value of interest in Tenant's Leasehold Improvements located in the Premises. Tenant shall be responsible for restore all damage to the cost Premises caused by any removal of such alterations or signsthe Leasehold Improvements. Within ten (10) days following Landlord's receipt of written request by Tenant, Landlord shall inform Tenant shall have whether Landlord reserves the right to install its trade fixtures and equipment in, have any Leasehold Improvement installed by Tenant removed from the Premises by Tenant upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.

Appears in 1 contract

Sources: Asset Purchase Agreement (Petsmart Com Inc)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Building; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 Business Days after the Termination Date for the sole purpose of removing the Required Removables. In addition to the foregoing, in the event Tenant elects to reallocate the condenser water among the floors of the Premises as permitted pursuant to Exhibit D-1 attached hereto, then in the event of (i) the termination of this Lease, (ii) a reduction or partial termination of all or a part of the Premises, any signsor (iii) a sublease of all or a part of the Premises, air conditioners Landlord may require Tenant, at Tenant's sole cost and expense, to reallocate the condenser water so that each floor receives its proper pro rata share of chilled water. Any such work required by Landlord shall also be deemed to be a Required Removable for purposes of this Lease and, in the case of a reduction or other objects without memorializing such proposed alterations, attachmentspartial termination of all or a part of the Premises, or fixtures of a sublease, such required work shall be performed by Tenant prior to the effective date of such reduction, partial termination or sublease. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant's expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbingdefined in Section IX.C), or mechanical systems of at the Premises; or (ii) decrease time it delivers the value of the Premises. Tenant shall be responsible final approved Plans for the cost of such alterations or signs. Tenant shall have the right Landlord Work to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and providedmay request in writing that Landlord advise Tenant whether the Alteration or the Landlord Work, further, that Tenant shall promptly thereafter repair all damage caused to as the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilitiescase may be, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration or the Landlord Work, as the case may be, will be designated as a Required Removable. Within 10 Business Days after receipt of Tenant’s acts 's request, Landlord shall advise Tenant in writing as to which portions of the Alteration or omissions or because of a claim against Tenantthe Landlord Work, Tenant shall cause as the same case may be, if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.

Appears in 1 contract

Sources: Office Lease Agreement (Tenfold Corp /Ut)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, includingincluding any Alterations (defined in Section 9.03) (collectively, but not limited to“Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, work not completed provided that Tenant, at its expense, shall remove any Cable (defined in Section 9.01 below). In addition, Landlord, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at Tenant’s expense, to remove any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (the Cable and such other items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a workmanlike manner and timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, including any contractor’sInitial Alterations or Landlord Work, mechanics’ as such terms may be defined in the Work Letter attached as Exhibit C, may request in writing that Landlord advise Tenant whether the Alteration, including any initial Alterations or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’sLandlord Work, mechanic’s or other liens be filed against any portion of the Premises by reason thereof, is a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day periodrequest, Landlord may, at its sole option, cancel shall advise Tenant in writing as to which portions of the alteration or discharge other improvements are Required Removables. Landlord hereby agrees that none of the same and upon Landlord’s demand, Tenant Leasehold Improvements existing in the Premises as of the date of this Lease shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameconstitute Required Removables.

Appears in 1 contract

Sources: Office Lease Agreement (Mobile Storage Group Inc)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord All improvements in and to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including any signsAlterations (defined in Section 9.03) (collectively, air conditioners “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, in compliance with the National Electric Code or other objects applicable Law, shall remove any Cable (defined in Section 9.01 below). In addition, Landlord, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (the Cable and such other items collectively are referred to as “Required Removables”). Required Removables shall include, without memorializing limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed alterationsAlteration, attachmentsincluding any Initial Alterations or Landlord Work, as such terms may be defined in the Work Letter attached as Exhibit C, may request in writing that Landlord advise Tenant whether the Alteration, including any Initial Alterations or Landlord Work, or fixtures any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in a Tenant work letter (in form acceptable writing as to Landlord) and obtaining Landlord’s prior written consent to samewhich portions of the alteration or other improvements are Required Removables. Notwithstanding the foregoing, Tenant shall have the right not be required to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems remove any portion of the Premises; or (ii) decrease Landlord Work shown on the value Plans as of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration date of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of as such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed terms are defined in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.Exhibit C.

Appears in 1 contract

Sources: Office Lease Agreement (Neurobiological Technologies Inc /Ca/)

Leasehold Improvements. a. Tenant accepts (a) Effective upon the Commencement Date, Sublessor shall convey to Sublessee ownership of all of the Current Leasehold Improvements located on the Premises and owned by Sublessor as of the Commencement Date. Such conveyance shall be AS ISas is” without representations or warranties of any agreementskind whatsoever, representationsexpress, understandings implied or obligations statutory, except as otherwise set forth in that certain Contribution, Conveyance and Assumption Agreement, dated November 21, 2016, between Sublessor, Sublessee and other parties. Concurrently with the execution of this Sublease, Sublessor shall execute and deliver to Sublessee a ▇▇▇▇ of sale to the Current Leasehold Improvements in the form attached hereto as Exhibit B (the “▇▇▇▇ of Sale”). In the event of a termination of this Sublease by reason of a default on the part of Landlord to perform Sublessee, the Current Leasehold Improvements, together with any alterations, repairs or other leasehold improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions made subsequent to the Premises nor post or attach or affix Commencement Date (“Future Leasehold Improvements”; the Current Leasehold Improvements and the Future Leasehold Improvements being sometimes collectively referred to herein as the “Leasehold Improvements”), shall automatically become the property of Sublessor. In the event of an early termination of this Sublease not due to the exterior fault of Sublessee, all such Leasehold Improvements shall be conveyed by Sublessee to Sublessor and Sublessor shall pay to Sublessee the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the fair market value of the PremisesLeasehold Improvements valued as of the date of termination and with fair market value calculated as provided below. Tenant shall be responsible In order to effect such conveyance (or, at Sublessor’s option in the event of a termination for Sublessee’s default, to confirm the cost ownership of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitimprovements), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the PremisesSublessee shall take such actions and execute such documents as Sublessor may reasonably require, including, but not limited towithout limitation, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because execution of a claim against Tenant, Tenant shall cause the same to be canceled or discharged ▇▇▇▇ of record by bond or otherwise within thirty (30) days after notice by Landlordsale for such improvements. If Tenant shall fail Sublessee fails or refuses to cancel execute such documents or discharge said lien or lienstake such actions, within said thirty (30) day periodSublessee hereby appoints Sublessor as its attorney-in-fact with authority to execute such documents and take such actions, Landlord may, at its sole option, cancel or discharge the same which appointment is coupled with an interest and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameis irrevocable.

Appears in 1 contract

Sources: Sublease (Tesoro Corp /New/)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS (a) All installations OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT MODIFICATIONS TO THE PREMISESPREMISES shall be for Lessee's account, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSEand Lessee shall pay, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees as additional rent hereunder, to Lessor an amount equal to Lessor's actual cost therefor, including associated architectural and engineering fees, if any, plus a management cost recovery fee of TEN PERCENT (10%) to cover overhead within THIRTY (30) days after being invoiced therefor. Additionally, Lessee shall pay all ad valorem taxes and increased insurance premiums that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior are payable on account of any of the Premisesleasehold improvements that are in addition to those items (or the quantities thereof) described on Schedule 3 hereto. Failure by Lessee to pay any sums described in Section 26(a) or the Schedules hereto in full within THIRTY (30) days after its receipt of an invoice therefor will constitute failure to pay rent when due and an event of default by Lessee hereunder, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in giving rise to all remedies available to Lessor under this lease and at law for nonpayment of rent. Lessee shall deliver to Lessor a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems copy of the Premises; "as-built" plans and specifications made in or (ii) decrease the value of to the Premises. Tenant shall be responsible for It is stipulated that time is of the cost essence in connection with Lessee's compliance with the terms of such alterations or signsSchedule 2. Tenant shall have the right to install its trade fixtures and equipment inNOTWITHSTANDING ANYTHING TO THE CONTRARY, upon and about the Premises; providedLESSEE IS LEASING THE PREMISES IN AN "AS IS" CONDITION WITH NO MODIFICATIONS REQUIRED BY THE LESSOR. HOWEVER, howeverLESSEE MAY, that Tenant shall remove the same on or before the expiration of this LeaseAT ITS SOLE COST AND EXPENSE, and if so requested by LandlordMODIFY THE PREMISES AFTER RECEIVING WRITTEN APPROVAL FROM THE LESSOR, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalSUCH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD OR DELAYED. c. Tenant (b) Lessee shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs not be deemed to be the agent or representative of suit), losses, liabilities, or causes of action arising out of or relating to Lessor in making any such alterations, physical additions or improvements made by Tenant to the Premises, includingand shall have no right, but not limited to, work not completed power or authority to encumber any interest in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted the Project in connection therewith. This indemnification obligation shall survive the Term of therewith other than Lessee's leasehold estate under this Lease. d. Should . However, should any contractor’s, mechanic’s mechanics' or other liens be filed against any portion of the Premises Project or any interest therein (other than Lessee's leasehold estate hereunder) by reason of Tenant’s Lessee's acts or omissions or because of a claim against TenantLessee or its contractors, Tenant Lessee shall cause the same to be canceled cancelled or discharged of record by bond or otherwise within thirty ten (3010) days after notice by LandlordLessor. If Tenant Lessee shall fail to cancel or discharge said lien or liens, within said thirty ten (3010) day period, Landlord which failure shall be deemed to be a default hereunder, Lessor may, at its sole optionoption and in addition to any other remedy of Lessor hereunder, cancel or discharge the same and upon Landlord’s Lessor's demand, Tenant Lessee shall promptly reimburse Landlord Lessor for all reasonable costs incurred in canceling cancelling or discharging such lien or liens, including attorney fees in connection with same.

Appears in 1 contract

Sources: Office Lease Agreement (Tanknology Environmental Inc /Tx/)

Leasehold Improvements. a. Tenant accepts Landlord, at Landlord's expense, shall construct one (1) sheetrock demising wall (320 I.f.) separating the Premises “AS IS” without any agreements, representations, understandings or obligations on from the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior remainder of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to samebuilding. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant Landlord shall be responsible for the cost of such alterations no other improvements or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused modifications to the Premises by reason and Tenant agrees to accept the Premises in its current "as-is" condition. Landlord shall provide a Leasehold Improvement Allowance of such installation or removal. c. up to Two Hundred Thirty-six Thousand One Hundred Sixty and No/100 Dollars ($236,160.00) to be applied toward the costs of Tenant's Leasehold Improvements to the Premises. Prior to commencement of construction, Tenant shall indemnify submit plans and hold specifications for Landlord's reasonable approval which shall be attached hereto as Exhibit "B". All improvements shall be constructed in a good and workmanlike manner by a general contractor reasonably approved by Landlord in advance and in accordance with all applicable statutes, laws, regulations, permits, licenses and other legal requirements. Landlord shall reimburse Tenant for its bona fide costs of Tenant's Leasehold Improvements not the exceed the Leasehold Improvement Allowance after all of the following events have taken place: A. completion by Tenant and approval by Landlord of all of Tenant's Leasehold Improvements; B. Receipt by Landlord from Tenant of a Certificate of Occupancy issued by the City of San Antonio; and C. Receipt by Landlord from Tenant a release and waiver of liens by the general contractor, holding Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, any obligation whatsoever which may be or causes of action arising out of or relating to any alterations, additions or improvements made may have been incurred by Tenant to or Tenant's contractors or subcontractors, during the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion construction of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameLeasehold Improvements.

Appears in 1 contract

Sources: Lease Agreement (Conns Inc)

Leasehold Improvements. a. Tenant accepts Any trade fixtures, unattached and movable equipment or furniture, or other personalty brought into the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. by Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord"Tenant's Property") shall be owned and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premisesinsured by Tenant. Tenant shall be responsible for the cost of remove all such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to Tenant's Property from the Premises by reason in accordance with the terms of such installation or removal. c. Tenant shall indemnify Article XXXV hereof. Any and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or and improvements made by Tenant to the Premises, includingincluding any built-in furniture (collectively, but not limited to"Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, work not completed in a workmanlike manner and all without compensation, allowance or credit to Tenant. Landlord may, nonetheless, at any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise time within thirty (30) days after the expiration or earlier termination of this Lease or Tenant's right to possession, require Tenant to remove any Leasehold Improvements performed by or for the benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables within ten (10) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by Landlordsuch removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition, normal wear and tear excepted. If Tenant shall fail fails to cancel remove any specified Required Removables or discharge said lien or liensto perform any required repairs and restoration within the time period specified above, Landlord, at Tenant's sole cost and expense, may remove, store, sell and/or dispose of the Required Removables and perform such required repairs and restoration work. Tenant, within said thirty five (305) day perioddays after demand from Landlord, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for any and all reasonable costs incurred in canceling or discharging such liens, including attorney fees by Landlord in connection with samethe Required Removables.

Appears in 1 contract

Sources: Office Lease (First Capital Insured Real Estate Limited Partnership)

Leasehold Improvements. a. Tenant accepts Upon the Premises “AS IS” without any agreementsexpiration or earlier termination of the Lease, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or all improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises, any signsexcept as provided herein, air conditioners without compensation to Tenant except as provided in Section XII. However, Landlord, by written notice to Tenant given at least 10 days prior to the Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other objects without memorializing such proposed alterationsportion of the Buildings except Cable which is integrated into the Building core system and which would be cost prohibitive for either Landlord or Tenant to remove; and (2) any Leasehold Improvements (other than the Landlord Work) that are performed by or for the benefit of Tenant and, attachmentsin Landlord's reasonable judgment, or fixtures are of a nature that would require removal and repair costs that are materially in a Tenant work letter excess of the removal and repair costs associated with standard office improvements (in form acceptable collectively referred to Landlord) and obtaining Landlord’s prior written consent to sameas "Required Removables"). Notwithstanding the foregoing, Landlord, at the time it grants approval for a proposed Alteration (defined in Section IX.C), shall advise Tenant shall have whether the right to make interiorAlteration and/or Leasehold Improvements or any portion thereof will be designated as a Required Removable. Without limitation, non-it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises without Landlord’s consent, so long as such alterations do not (i) affect for up to 5 days after the structure or electrical, plumbing, or mechanical systems Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises; or (ii) decrease the value Premises shall be subject to all of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures terms and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration conditions of this Lease, and if so requested by Landlord, promptly after any termination including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of this Lease; and provided, further, that the Term. Tenant shall promptly thereafter repair all damage caused to by the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs removal of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by LandlordRequired Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner and shall fail to cancel not commence such removal or discharge said lien or liensrepair within five days of receiving written notice from Landlord of such failure, Landlord, at Tenant's expense, may remove and dispose of the Required Removables and perform the required repairs. Tenant, within said thirty (30) day period30 days after receipt of an invoice together with reasonable supporting documentation of the amounts set forth in the invoice, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all the reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameby Landlord pursuant to the foregoing sentence.

Appears in 1 contract

Sources: Office Lease Agreement (Siebel Systems Inc)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix other than Tenant's Property (as defined in Article XV) (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant after the Commencement Date and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype made after the Commencement Date. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord. Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner. Landlord) , at Tenant's expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 30 days after receipt of Tenant’s acts or omissions or because 's request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by LandlordRequired Removables. If Landlord fails to advise Tenant shall fail in writing as to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge which portions of the same and upon Landlord’s demand, Alteration will be considered to be Required Removables. Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samewill have no obligation to remove the Alterations which were the subject to Tenant's request.

Appears in 1 contract

Sources: Office Lease Agreement (Lecg Corp)

Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant's expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined in Section IX.C), may request in writing that Landlord advise Tenant shall have whether the right to make interiorAlteration or the Initial Alterations, non-structural alterations to as the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbingcase may be, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration or the Initial Alterations, as the case may be, will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts 's request, Landlord shall advise Tenant in writing as to which portions of the Alteration or omissions or because of a claim against Tenantthe Initial Alterations, Tenant shall cause as the same case may be, if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.

Appears in 1 contract

Sources: Office Lease Agreement (Indus International Inc)

Leasehold Improvements. a. Tenant accepts If the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners leased premise does not have a hangar or other objects without memorializing such proposed alterationsbuilding situated upon it, attachmentsthe Lessee shall within thirty (30) days of execution of this Lease provide the Lessor with plans and specifications for the hangar or other improvements to be placed upon the leased premises. If Lessor approves the submitted plans and specifications, or fixtures in a Tenant work letter the Lessee shall commence construction within six (in form acceptable 6) months from the date of this Lease and the construction shall be pursued with due diligence and completed within 6 months. If the lease fails to Landlord) and obtaining Landlord’s prior written consent comply with the time constraints as herein set forth, this Lease shall terminate at that time. Prior to same. Notwithstanding the foregoingcommencing construction of improvements, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant Lessee shall be responsible for completing Federal Aviation Administration Form 7460 - Notice of Proposed Construction or Alteration. A copy of the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures completed and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused signed form must be provided to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against Airport. Leasehold Improvements is defined as all costs (buildings, including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited toto hangars and/or improvements, work whether or not completed in a workmanlike manner and any contractor’spermanently attached to the Subject Property, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive placed and/or constructed on the Term Subject Property during the term of this Lease. d. Should any contractor’s, mechanic’s Lease by the Lessee or other liens be filed against any portion of left by a prior Lessee having the Premises by reason of Tenant’s acts authority to sell said property to the Lessee. The Lessee shall own all improvements that it places or omissions or because of a claim against Tenant, Tenant shall cause constructs on the same to be canceled or discharged of record by bond or otherwise leased premises and agrees that within thirty (30) days after notice the termination of this Lease or expiration of the lease term, the Lessee shall remove all such improvements and all other property owned by Landlord. If Tenant shall fail the Lessee and to cancel or discharge said lien or liensrestore the leased premises to a neat, clean, orderly condition, remove all concrete foundations, and restore the surface of the leased premises within said thirty (30) -day period of time. Any buildings, improvements, or other property remaining on the leased premises after such 30-day period shall, at the option of the Lessor, become the property of the Lessor. In the event such removal or restoration is not completed by the Lessee within such 30-day period, Landlord maythe Lessor may remove or cause the removal of any such building, at its sole optionimprovements, cancel or discharge other property and restore or cause the restoration of the leased premises. The cost and expenses of same shall be paid by Lessee. Lessor shall be entitled to recover any such cost and upon Landlordexpenses from Lessee, together with all attorney’s demand, Tenant shall promptly reimburse Landlord for all reasonable fees and costs incurred by Lessor in canceling enforcing this Lease. Lessor may remove or discharging cause the removal of any such liens, including attorney fees in connection with samebuilding.

Appears in 1 contract

Sources: General Aviation Hangar Lease