Common use of Lessee Improvements Clause in Contracts

Lessee Improvements. Lessee shall not make or allow to be made any alterations or physical additions in or to the leased premises without first obtaining the written consent of Lessor, which consent shall not be unreasonably withheld, conditioned or delayed, except for alterations of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting as well as installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the leased premises. Any alterations, physical additions or improvements to the leased premises made by Lessee shall at once become the property of Lessor and shall be surrendered to Lessor upon the termination of this Lease; provided, however, Lessor, at its option, may require Lessee to remove any physical additions and/or repair any alterations in order to restore the leased premises to the condition existing at the time Lessee took possession (reasonable wear and tear and casualty and condemnation excepted), all costs of removal and/or alterations to be borne by Lessee. With respect to the foregoing, Lessor agrees to advise Lessee at the time of its approval of each alteration or physical addition requiring Lessor’s approval hereunder as to whether Lessor will require the removal thereof. In no event shall Lessee be required to remove any cabling or wiring installed to serve the leased premises. This clause shall not apply to unattached trade fixtures, moveable equipment or furniture and personal property owned by Lessee, which may be removed by Lessee at the end of the term of this Lease if Lessee is not then in default beyond any applicable notice and cure period.

Appears in 1 contract

Samples: Radiant Lease Agreement (Radiant Systems Inc)

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Lessee Improvements. Lessee shall not make or allow to be made any alterations or physical additions in or to the leased premises without first obtaining the written consent of Lessor, which consent shall not may in the sole and absolute discretion of Lessor be unreasonably withheld, conditioned or delayed, except for alterations of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting as well as installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the leased premisesdenied. Any alterations, physical additions or improvements to of the leased premises made by Lessee shall at once become the property of Lessor and shall be surrendered to Lessor upon the termination of this Lease; provided, however, Lessor, at its option, may require Lessee to remove any physical additions and/or repair any alterations in order to restore the leased premises to the condition existing at the time Lessee took possession (reasonable wear and tear and casualty and condemnation excepted)possession, all costs of removal and/or alterations to be borne by Lessee. With respect to the foregoing, Lessor agrees to advise Lessee at the time of its approval of each alteration or physical addition requiring Lessor’s approval hereunder as to whether Lessor will require the removal thereof. In no event shall Lessee be required to remove any cabling or wiring installed to serve the leased premises. This clause shall not apply to unattached trade fixtures, moveable equipment or furniture and personal property owned by Lessee, which may be removed by Lessee at the end of the term of this Lease if Lessee is not then in default beyond and if such equipment and furniture are not then subject to any other rights, liens, and interest of Lessor and such removal can be accomplished without material damage to the Leased Premises. Upon completion of any such work by Lessee, Lessee shall provide Lessor with “as built plans,” copies of all construction contracts and proof of payment for all labor and materials. To defer the cost to Lessor associated with Lessee Improvements and confirming that such improvements are in accordance with the terms of this Lease and comply with all applicable notice codes and cure periodordinances, Lessee shall pay to Whitehall Real Estate, Inc., a construction management fee equal to five percent (5%) of the cost of such improvements. Such fee shall be paid one-half prior to commencement of such improvements and one-half upon completion thereof.

Appears in 1 contract

Samples: Lease Agreement (Mathstar Inc)

Lessee Improvements. Lessee shall not make or allow to be made any alterations or alterations, physical additions or improvements in or to the leased premises Leased Premises without first obtaining the written consent of Lessor, which consent shall not be unreasonably withheld, conditioned or delayed, except for alterations of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting as well as installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing denied in the leased premisessole and absolute discretion of Lessor. Any alterations, physical additions or improvements to the leased premises Leased Premises made by Lessee or installed by either party hereto shall at once remain upon and be surrendered with the Leased Premises and become the property of Lessor and shall be surrendered to Lessor upon the expiration or earlier termination of this LeaseLease without credit to Lessee; provided, however, Lessor, at its option, may require Lessee to remove any physical improvements or additions and/or repair any alterations in order to restore the leased premises Leased Premises to the condition existing at the time Lessee took possession (reasonable wear and tear and casualty and condemnation excepted)possession, all costs of removal and/or alterations to be borne by Lessee. With respect to the foregoing, Lessor agrees to advise Lessee at the time of its approval of each alteration or physical addition requiring Lessor’s approval hereunder as to whether Lessor will require the removal thereof. In no event shall Lessee be required to remove any cabling or wiring installed to serve the leased premises. This clause shall not apply to unattached moveable equipment, furniture or moveable trade fixtures, moveable equipment or furniture and personal property fixtures owned by Lessee, which may be removed by Lessee at the end of the term of this Lease if Lessee is not then in default beyond and if such equipment and furniture are not then subject to any applicable notice other rights, liens and cure periodinterests of Lessor. Lessee shall have no authority or power, express or implied, to create or cause any mechanic's or materialmen's lien, charge or encumbrance of any kind against the Leased Premises, the Property or any portion thereof. Lessee shall promptly cause any such liens that have arisen by reason of any work claimed to have been undertaken by or through Lessee to be released by payment, bonding or otherwise within thirty (30) days after request by Lessor, and shall indemnify Lessor against losses arising out of any such claim (including, without limitation, legal fees and court costs). If Lessee fails to timely take either such action, then Lessor may pay the lien claim without inquiry as to the validity thereof, and any amounts so paid, including expenses and interest, shall be paid by Lessee to Lessor within ten (10) days after Lessor has delivered to Lessee an invoice therefor.

Appears in 1 contract

Samples: Office Lease Agreement (Titan Exploration Inc)

Lessee Improvements. Lessee shall not make Any alterations, physical additions, or allow to be made any alterations or physical additions in or improvements to the leased premises without first obtaining the written consent of Leased Premises or Building must be approved in advance and in writing by Lessor, which consent shall not be unreasonably withheld, conditioned or delayed, except for alterations of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting as well as installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the leased premises. Any alterations, physical additions or improvements to the leased premises made by Lessee shall at once become the property of Lessor Leased Premises including any power or cooling infrastructure, fixtures, raised floors, and any similar items, including, but not limited to, items that require building permits, shall be surrendered to Lessor upon the termination or expiration of this Lease; provided, however, if Lessee makes any additions or alterations without Lessor’s approval, Lessor, at its option, may may, upon the expiration or earlier termination of this Lease, require Lessee to remove any physical additions and/or repair any alterations in order to restore the leased premises Leased Premises to the condition existing at the time Lessee took possession (reasonable wear and tear and casualty and condemnation excepted)prior to making any such additions and/or alterations, all costs of removal or any such additions and/or alterations to be borne by Lessee. With respect to Notwithstanding the foregoing, all existing improvements in the Leased Premises are acceptable to Lessor agrees to advise and Lessee at the time of its approval of each alteration or physical addition requiring Lessor’s approval hereunder as to whether Lessor will require the removal thereof. In no event shall Lessee not be required to remove any cabling of the same upon the expiration or wiring installed to serve the leased premisesearlier termination of this Lease. This clause Section shall not apply to unattached trade fixturesmoveable equipment, moveable equipment used for the business conducted upon or within any portion of the Leased Premises including, without limitation, furniture, racking systems or storage systems used to secure and store computer equipment or furniture and other personal property owned paid for by LesseeLessee or other person or entity, which may be removed by Lessee or such person or entity at the end of the term of this Lease if Term, provided, however, Lessee is not then in default beyond any applicable notice shall remain obligated for repair and cure periodrestoration as provided above.

Appears in 1 contract

Samples: Lease Agreement (QTS Realty Trust, Inc.)

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Lessee Improvements. Lessee shall not make or allow to be made any alterations or physical additions in or to the leased premises without first obtaining the written consent of Lessor, which consent shall not be unreasonably withheld, conditioned provided that Lessee shall be permitted to make non-structural site alterations or delayedadditions to the interior of the Building which in each instance cost less than $100,000 without the prior written consent of Lessor and further provided that Lessee shall be permitted to construct a generator room at the rear of the Building so long as the same is not visible from Xxxxxxx Road and to construct a microwave tower on the leased premises without the prior written consent of Lessor. Lessee shall provide Lessor with copies of all plans and specifications for Lessee's improvements. Lessee warrants and represents that all of Lessee's improvements shall be in compliance with all laws, except for alterations ordinances, orders, rules and regulations of a cosmetic nature such as paintingstate, wallpaperingfederal, hanging pictures and installing carpeting as well as installation municipal or other agencies or bodies having jurisdiction over the use, condition or occupancy of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the leased premises. Lessee shall cause all of its improvements to be modified to comply with all such laws promptly upon receipt of notice that such improvements are not in compliance. Any alterations, physical additions or improvements to the leased premises made by Lessee shall at once become the property of Lessor and shall be surrendered to Lessor upon the termination of this Lease; provided, however, Lessor, at its option, may require Lessee to remove any physical additions and/or repair any alterations in order to restore the leased premises to the condition existing at the time Lessee took possession (reasonable wear and tear and casualty and condemnation excepted)possession, all costs of removal and/or alterations to be borne by Lessee. With respect to the foregoing, Lessor agrees to advise Lessee at the time of its approval of each alteration or physical addition requiring Lessor’s approval hereunder as to whether Lessor will require the removal thereof. In no event shall Lessee be required to remove any cabling or wiring installed to serve the leased premises. This clause shall not apply to unattached trade fixtures, moveable equipment or furniture and personal property owned by Lessee, which may be removed by Lessee at the end of the term of this Lease if Lessee is not then in default beyond any applicable notice and cure periodLease.

Appears in 1 contract

Samples: Lease Agreement (Alliance Data Systems Corp)

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